United States · Delaware Court of Chancery
What notice precedes a Chancery motion to dissolve an ex parte TRO?
Rule 65(b)(4) ordinarily permits appearance and a dissolution or modification motion on two days’ notice to the obtaining party. The Court can set shorter notice.
- Period
- 2 days for the disclosed backward notice component
- Trigger
- The established appearance or hearing on the dissolution or modification motion
- Rule
- Ct. Ch. R. 65(b)(4)
Official rules current as of June 1, 2026, reviewed. The calculator supports this current edition only.
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Which event starts this Ct. Ch. R. 65(b)(4) inquiry?
The established appearance or hearing on the dissolution or modification motion
The target order must have been obtained without notice. Preserve the actual notice to the party who obtained it.
Responsible actor. The adverse party moving to dissolve or modify the ex parte TRO. Use an independently established appearance or hearing time and the ordinary two-day notice branch. No shorter notice has been ordered.
Ct. Ch. R. 65(b)(4)How does Rule 6 count this particular component?
- Use an independently established appearance or hearing time and the ordinary two-day notice branch. No shorter notice has been ordered.
- Exclude the established hearing or conference date and count backward 2 eligible days. Because this period is less than 11 days, exclude Saturdays, Sundays and legal holidays. Rule 6(a)(4) moves a required adjustment backward, away from the event.
- Check the actual holidays, additional closures and applicable electronic or paper boundary.
- Give the required notice before appearing and moving. Confirm the actual hearing arrangement; the Court must hear and decide promptly as justice requires.
Rule 6(a)(1) excludes the event day. Periods below eleven days exclude intermediate Saturdays, Sundays and legal holidays; eleven days or more include them. A final weekend or legal holiday moves forward for an after-event period and backward for a before-event period. Rule 6(a)(3) separately addresses actual Register inaccessibility for filings. Rule 6(a)(5) includes section 501 holidays and days declared by the Governor. Good Friday and Thanksgiving Friday are Delaware holidays. Sunday July 4, 2027 is observed Monday July 5. Check county-specific Sussex Return Day and additional actual closures separately; the bundled calendar does not determine those filing conditions.
Rule 6(c) adds three calendar days after the ordinary Rule 6(a) period only for an act measured after service made exclusively by mail. It applies to party acts, not Court acts. Electronic service, an entry-based clock and a filing-based clock do not acquire that addition merely because a paper copy is mailed. These calculations show the disclosed nonexclusive-mail base component; they do not implement the mail-only addition or infer service effectiveness.
These reviewed calculators use the official edition current as of June 1, 2026. Events before that date and backward periods crossing before that date receive no computed or paid date. This is publication coverage, not a finding that an actual procedural act is late. Historical editions, emergency measures, court-modified dates and actual additional closures require separate review.
Ct. Ch. R. 6(a)–(c)What does an independently derived example show?
Fictitious example
Use an independently established appearance or hearing time and the ordinary two-day notice branch. No shorter notice has been ordered. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | The established appearance or hearing on the dissolution or modification motion | August 2, 2027 |
| Ordinary notice boundary | 2 days for the disclosed backward notice component | July 29, 2027 |
Fictitious current-edition facts. This is the disclosed component with no altered order or additional actual closure. It does not establish effective service, completed filing, judicial action or procedural entitlement. Exclusively mailed incoming-service additions require separate review.
Try these dates in the calculatorWhich qualifications change this procedure?
- Shorter court notice
- The Court may set shorter notice. The calculator does not obtain that relief.
- Prompt decision
- The rule’s promptness requirement for the Court does not give a fixed decision date.
- Mail-only service and actual court schedule
- Rule 6(c) adds three calendar days after the ordinary Rule 6(a) period only for an act measured after service made exclusively by mail. It applies to party acts, not Court acts. Electronic service, an entry-based clock and a filing-based clock do not acquire that addition merely because a paper copy is mailed. These calculations show the disclosed nonexclusive-mail base component; they do not implement the mail-only addition or infer service effectiveness.
- Current edition and historical scope
- These reviewed calculators use the official edition current as of June 1, 2026. Events before that date and backward periods crossing before that date receive no computed or paid date. This is publication coverage, not a finding that an actual procedural act is late. Historical editions, emergency measures, court-modified dates and actual additional closures require separate review.
- Use an independently established appearance or hearing time and the ordinary two-day notice branch. No shorter notice has been ordered.
- The base calculation does not obtain an extension, resolve a different branch or establish that the responsible actor completed the required act.
Which completed acts and evidence should be preserved?
Questions about Ct. Ch. R. 65(b)(4)
What notice precedes a Chancery motion to dissolve an ex parte TRO?
Are these two consecutive calendar days?
No. Rule 6 excludes intermediate Saturdays, Sundays and legal holidays for this short period.
Ct. Ch. R. 6(a)(1)Can an adverse party demand a fixed decision date?
No. The Court must act as promptly as justice requires, rather than within this two-day notice count.
Ct. Ch. R. 65(b)(4)Can the Court allow shorter notice?
Yes. The ordinary component applies only where the Court has not set shorter notice.
Ct. Ch. R. 65(b)(4)Official Chancery sources and edition review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 65(b)(4) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 65(b)(4) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 6(a)(1) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 6(a)–(c) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 5(b)–(f) | The separately identified counting, filing, procedural qualification or edition source |
| 1 Del. C. § 501(a)–(c) | The separately identified counting, filing, procedural qualification or edition source |
| Court of Chancery rule editions and amendments | The separately identified counting, filing, procedural qualification or edition source |
| May 18, 2026 implementing order, effective June 1, 2026 | The separately identified counting, filing, procedural qualification or edition source |
| July 12, 2024 corrected implementing order | The separately identified counting, filing, procedural qualification or edition source |
| September 23, 2025 Magistrate amendments, effective September 30, 2025 | The separately identified counting, filing, procedural qualification or edition source |
| Register in Chancery filing practices, July 26, 2023 | Older filing practices, read subject to the current Rule 5 text |