United States · Delaware Court of Chancery
How much Chancery default-judgment notice does an appearing party receive?
Rule 55(b)(2) requires written notice of the application at least 10 days before the hearing for a party that has appeared. This is a backward notice calculation.
- Period
- 10 days for the disclosed backward notice component
- Trigger
- The scheduled hearing on the default-judgment application
- Rule
- Ct. Ch. R. 55(b)(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. 55(b)(2) inquiry?
The scheduled hearing on the default-judgment application
Identify the party’s personal or representative appearance. The default finding and the requested default judgment are distinct acts.
Responsible actor. The party seeking default judgment against a party that has appeared. Use an established default-judgment hearing and an actual appearance by the opposing party. Calculate the ordinary minimum written-notice boundary, with no different order.
Ct. Ch. R. 55(b)(2)How does Rule 6 count this particular component?
- Use an established default-judgment hearing and an actual appearance by the opposing party. Calculate the ordinary minimum written-notice boundary, with no different order.
- Exclude the established hearing or conference date and count backward 10 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.
- Serve the written application notice on the appearing party or representative at least the required eligible days before the hearing.
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 established default-judgment hearing and an actual appearance by the opposing party. Calculate the ordinary minimum written-notice boundary, with no different order. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | The scheduled hearing on the default-judgment application | August 2, 2027 |
| Ordinary notice boundary | 10 days for the disclosed backward notice component | July 19, 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?
- No appearance
- If the opposing party has not appeared, written notice is required if the Court directs.
- Relief limits
- Requested default relief cannot differ in kind or exceed the amount demanded in the pleadings.
- 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 established default-judgment hearing and an actual appearance by the opposing party. Calculate the ordinary minimum written-notice boundary, with no different order.
- 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. 55(b)(2)
How much Chancery default-judgment notice does an appearing party receive?
Is notice required only after formal counsel appearance?
The provision covers appearance personally or by a representative. Establish the actual appearance.
Ct. Ch. R. 55(b)(2)Can I count ten calendar days backward?
No. The short period excludes intermediate weekends and legal holidays under Rule 6.
Ct. Ch. R. 6(a)(1)Does default automatically establish all requested relief?
No. Default judgment requires an application; the Court may receive evidence and must respect the relief limits.
Ct. Ch. R. 55(b)Official Chancery sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 55(b)(2) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 55(b)(2) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 55(b)(1) | 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. 55(b) | 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 |