United States · Delaware Court of Chancery
When may a Chancery pleading be amended once without leave?
Rule 15(a)(1)(B) permits one amendment within 20 days after service when no responsive pleading is required and trial has not been set. Other amendment branches differ.
- Period
- 20 days for the disclosed rule component
- Trigger
- Service of the pleading to be amended once as a matter of course
- Rule
- Ct. Ch. R. 15(a)(1)(B)
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. 15(a)(1)(B) inquiry?
Service of the pleading to be amended once as a matter of course
Confirm that no responsive pleading is required and the action has not been set for trial. The amendment right is not unlimited.
Responsible actor. The party amending its own qualifying pleading once. Use the one-amendment branch for a pleading requiring no response, before trial is set. The service event was not exclusively by mail.
Ct. Ch. R. 15(a)(1)(B)How does Rule 6 count this particular component?
- Use the one-amendment branch for a pleading requiring no response, before trial is set. The service event was not exclusively by mail.
- Exclude the trigger day and count 20 calendar days under Rule 6(a)(1). The less-than-11-day exclusion does not apply. Check the final weekend, legal holiday and actual Register accessibility.
- Check the actual holidays, additional closures and applicable electronic or paper boundary.
- File the actual amended pleading and a document plainly showing the changes, and complete required service.
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 the one-amendment branch for a pleading requiring no response, before trial is set. The service event was not exclusively by mail. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Service of the pleading to be amended once as a matter of course | August 2, 2027 |
| Disclosed rule boundary | 20 days for the disclosed rule component | August 23, 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?
- Responsive pleading required
- The other as-of-course branch runs until a responsive pleading is served, rather than twenty days.
- Amendment after the right ends
- Other amendments require written consent or leave. A granted motion for leave does not replace filing the amended pleading.
- 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 the one-amendment branch for a pleading requiring no response, before trial is set. The service event was not exclusively by mail.
- 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. 15(a)(1)(B)
When may a Chancery pleading be amended once without leave?
Does this allow repeated amendments without leave?
No. Rule 15(a)(1) permits amendment once as a matter of course.
Ct. Ch. R. 15(a)(1)Can this branch apply after trial has been set?
No. The twenty-day branch expressly requires that the action has not been set for trial.
Ct. Ch. R. 15(a)(1)(B)Is a successful leave motion itself the amendment?
No. The party must file the actual amended pleading and a document indicating the changes.
Ct. Ch. R. 15(a)(3)Official Chancery sources and edition review
Provisions used (14)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 15(a)(1)(B) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 15(a)(1)(A) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 15(a)(2)–(3) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 15(a)(1) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 15(a)(1)(B) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 15(a)(3) | 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 |