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United States · Delaware Court of Chancery

When must a defendant answer a Delaware Chancery complaint?

Rule 12(a)(1)(A) ordinarily requires service of an answer within 20 days after service of the summons and complaint. A qualifying Rule 12 motion, statute or court order can change that clock.

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Period
20 days for the disclosed rule component
Trigger
Valid service of the summons and complaint on this defendant
Rule
Ct. Ch. R. 12(a)(1)(A)
Ct. Ch. R. 12(a)(1)(A)

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. 12(a)(1)(A) inquiry?

Valid service of the summons and complaint on this defendant

The complaint filing date and another defendant’s service date do not start this answer period. Preserve the actual process and proof of service.

Responsible actor. The defendant served with the summons and complaint. Use the ordinary 20-day answer branch after valid service that was not exclusively by mail. No different statute, Rule 12 motion or court schedule applies.

Ct. Ch. R. 12(a)(1)(A)

How does Rule 6 count this particular component?

  1. Use the ordinary 20-day answer branch after valid service that was not exclusively by mail. No different statute, Rule 12 motion or court schedule applies.
  2. 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.
  3. Check the actual holidays, additional closures and applicable electronic or paper boundary.
  4. Serve the answer on the required parties and file it under Rule 5. Preserve both completed acts.

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 ordinary 20-day answer branch after valid service that was not exclusively by mail. No different statute, Rule 12 motion or court schedule applies. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.

Example counting steps
StepWhat is countedDate
Established eventValid service of the summons and complaint on this defendantAugust 2, 2027
Disclosed rule boundary20 days for the disclosed rule componentAugust 23, 2027
Example resultAugust 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.

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Which qualifications change this procedure?

Rule 12 motion
Serving a qualifying motion directed at all or part of the pleading changes the response timing. Use the resulting notice or statement-service branch.
Different controlling time
The opening qualification preserves another time specified by rule or statute. An extension requires the applicable court action.
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.
Ct. Ch. R. 12(a)(1)(A)
  • Use the ordinary 20-day answer branch after valid service that was not exclusively by mail. No different statute, Rule 12 motion or court schedule applies.
  • 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. 12(a)(1)(A)

When must a defendant answer a Delaware Chancery complaint?

Does filing the complaint start these twenty days?

No. This answer period starts with service of both the summons and complaint on the defendant.

Ct. Ch. R. 12(a)(1)(A)

Is the federal twenty-one-day period applicable?

No. The Chancery ordinary period is twenty days. Federal Rule 12 supplies a different deadline.

Ct. Ch. R. 12(a)(1)(A)

Can a motion change the answer clock?

Yes. A qualifying Rule 12 motion changes the period; preserve the motion and the Court’s action.

Ct. Ch. R. 12(a)(2)

Official Chancery sources and edition review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
Ct. Ch. R. 12(a)(1)(A)The particular actor, event, procedural act and rule conditions
Ct. Ch. R. 12(a)(2)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 12(a)(1)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 12(a)(1)(A)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 amendmentsThe separately identified counting, filing, procedural qualification or edition source
May 18, 2026 implementing order, effective June 1, 2026The separately identified counting, filing, procedural qualification or edition source
July 12, 2024 corrected implementing orderThe separately identified counting, filing, procedural qualification or edition source
September 23, 2025 Magistrate amendments, effective September 30, 2025The separately identified counting, filing, procedural qualification or edition source
Register in Chancery filing practices, July 26, 2023Older filing practices, read subject to the current Rule 5 text
Read the official rule

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