United States · Delaware Court of Chancery
When must expedited Chancery exceptions receive a proposed briefing schedule?
Rule 144(d)(2) requires the parties to submit a proposed briefing schedule within five days after notice of exceptions is filed. The Reviewing Judge decides the actual schedule.
- Period
- 5 days for the disclosed rule component
- Trigger
- Filing of the notice of exceptions in the summary or expedited branch
- Rule
- Ct. Ch. R. 144(d)(2)
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. 144(d)(2) inquiry?
Filing of the notice of exceptions in the summary or expedited branch
The Report date starts the earlier three-day notice step. It does not start this five-day proposal clock.
Responsible actor. The parties proposing the expedited exceptions briefing schedule. Use a filed notice in the summary or expedited exceptions branch. No different proposal schedule has been directed.
Ct. Ch. R. 144(d)(2)How does Rule 6 count this particular component?
- Use a filed notice in the summary or expedited exceptions branch. No different proposal schedule has been directed.
- Exclude the trigger day and count 5 days that are not Saturdays, Sundays or legal holidays under Rule 6(a)(1). These are short-period eligible days, not consecutive calendar days.
- Check the actual holidays, additional closures and applicable electronic or paper boundary.
- Submit the proposed schedule to the Reviewing Judge and preserve submission. Follow the actual ordered briefing dates thereafter.
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 a filed notice in the summary or expedited exceptions branch. No different proposal schedule has been directed. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Filing of the notice of exceptions in the summary or expedited branch | August 2, 2027 |
| Disclosed rule boundary | 5 days for the disclosed rule component | August 9, 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?
- Proposal is not order
- Submission of a proposed schedule does not itself establish the binding briefing dates.
- Ordinary periods differ
- The ordinary twenty-day opening and answering periods and fifteen-day reply period are not automatically imported.
- 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 a filed notice in the summary or expedited exceptions branch. No different proposal schedule has been directed.
- 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. 144(d)(2)
When must expedited Chancery exceptions receive a proposed briefing schedule?
Is the proposal due five days after the Report?
No. The rule uses filing of the notice of exceptions.
Ct. Ch. R. 144(d)(2)Does filing a proposal authorize its requested dates?
No. The Reviewing Judge controls the actual briefing schedule.
Ct. Ch. R. 144(d)(2)Can ordinary briefing periods replace the required proposal?
No. Summary and expedited exceptions have their own proposed-schedule procedure.
Ct. Ch. R. 144(d)(2)Official Chancery sources and edition review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 144(d)(2) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 144(d)(2) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 144(d)(1)–(2) | 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 |