United States · Delaware Court of Chancery
When may a claimant first seek summary judgment in Chancery?
Rule 56(b)(1) permits a claimant’s motion after the 20-day commencement period expires or after the adverse party serves a summary-judgment motion. This is earliest permission, not a cutoff.
- Period
- The preset cannot select earliest permission between a waiting-period expiration, an adverse motion and required court leave. It is not a filing cutoff.
- Trigger
- Commencement of the action, or service of the adverse party’s summary-judgment motion
- Rule
- Ct. Ch. R. 56(b)(1)
Official rules current as of June 1, 2026, reviewed. The calculator supports this current edition only.
Source guide · No automated date
When may a claimant first seek summary judgment in Chancery?
The preset cannot select earliest permission between a waiting-period expiration, an adverse motion and required court leave. It is not a filing cutoff.
Ct. Ch. R. 56(b)(1)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event starts this Ct. Ch. R. 56(b)(1) inquiry?
Commencement of the action, or service of the adverse party’s summary-judgment motion
The alternatives can permit different earliest acts. A defending party has its own any-time branch.
Responsible actor. The party seeking recovery on a claim. Identify commencement, an adverse summary-judgment motion and any good-cause requirement imposed by the Court.
Ct. Ch. R. 56(b)(1)Which comparisons must be resolved before counting?
- Commencement of the action, or service of the adverse party’s summary-judgment motion
- The alternatives can permit different earliest acts. A defending party has its own any-time branch.
- Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
- Establish permission under the applicable branch and comply with the Court’s motion schedule and factual-support requirements.
The source guide explains the actual missing comparisons or procedural conditions. No computed or paid date is supplied.
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 distinguishes these procedural branches?
Assume an adverse summary-judgment motion is served before the commencement waiting period expires. Compare that actual event with the different no-adverse-motion branch.
The preset cannot select earliest permission between a waiting-period expiration, an adverse motion and required court leave. It is not a filing cutoff.
Which qualifications change this procedure?
- Alternative triggering act
- Service of the adverse party’s summary-judgment motion supplies another permission route.
- Good-cause leave
- The Court may require a party wishing to move to show good cause.
- 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.
- Identify commencement, an adverse summary-judgment motion and any good-cause requirement imposed by the Court.
- The preset cannot select earliest permission between a waiting-period expiration, an adverse motion and required court leave. It is not a filing cutoff.
Which completed acts and evidence should be preserved?
Questions about Ct. Ch. R. 56(b)(1)
When may a claimant first seek summary judgment in Chancery?
Is day twenty a last day to file?
No. This is an earliest-permitted inquiry, and the text refers to after expiration of the period.
Ct. Ch. R. 56(b)(1)Can a defending party move at any time?
Rule 56(b)(2) supplies that different branch, subject to the Court’s applicable directions.
Ct. Ch. R. 56(b)(2)Does an adverse motion create an alternative route?
Yes. The claimant branch separately permits action after service of an adverse summary-judgment motion.
Ct. Ch. R. 56(b)(1)Official Chancery sources and edition review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 56(b)(1) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 56(b)(1) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 56(b)(3) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 56(b)(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 |