United States · Delaware Court of Chancery
When is a Chancery counterclaim or crossclaim answer due?
Rule 12(a)(1)(B) requires service of an answer within 20 days after service of the pleading stating the counterclaim or crossclaim. Check a qualifying motion and any different controlling time.
- Period
- 20 days for the disclosed rule component
- Trigger
- Service of the pleading stating the counterclaim or crossclaim
- Rule
- Ct. Ch. R. 12(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. 12(a)(1)(B) inquiry?
Service of the pleading stating the counterclaim or crossclaim
Identify the particular served claim. The original complaint’s service date does not substitute for service of this later pleading.
Responsible actor. The party against whom the counterclaim or crossclaim is pleaded. Use the ordinary counterclaim or crossclaim answer branch, with effective service that was not exclusively by mail and no altered schedule.
Ct. Ch. R. 12(a)(1)(B)How does Rule 6 count this particular component?
- Use the ordinary counterclaim or crossclaim answer branch, with effective service that was not exclusively by mail and no altered schedule.
- 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.
- Serve the responsive answer and complete the required Rule 5 filing. A draft answer does not complete 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 ordinary counterclaim or crossclaim answer branch, with effective service that was not exclusively by mail and no altered schedule. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Service of the pleading stating the counterclaim or crossclaim | 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?
- Motion directed at this pleading
- A qualifying Rule 12 motion can alter this response period even if directed at only part of the pleading.
- Preserved claims
- Amendment of another pleading does not itself extinguish an existing counterclaim, crossclaim or third-party claim.
- 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 ordinary counterclaim or crossclaim answer branch, with effective service that was not exclusively by mail and no altered schedule.
- 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)(B)
When is a Chancery counterclaim or crossclaim answer due?
Does the original summons date control?
No. This branch uses service of the pleading that states the counterclaim or crossclaim.
Ct. Ch. R. 12(a)(1)(B)Does amendment erase an existing counterclaim?
No. Rule 15(a)(4) preserves other parties’ listed claims without requiring them to be filed again.
Ct. Ch. R. 15(a)(4)Is replying to a complaint the same act?
No. This question concerns the required answer to the separately pleaded counterclaim or crossclaim.
Ct. Ch. R. 12(a)(1)(B)Official Chancery sources and edition review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 12(a)(1)(B) | 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. 15(a)(4) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 12(a)(1)(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 |