United States · Delaware Court of Chancery
When must a Chancery motion to strike a pleading be made?
Rule 12(f) gives 20 days after service only when no response to the pleading is allowed. If a response is allowed, the motion must precede that response.
- Period
- 20 days for the disclosed rule component
- Trigger
- Service of the pleading to which no response is allowed
- Rule
- Ct. Ch. R. 12(f)
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(f) inquiry?
Service of the pleading to which no response is allowed
Identify whether a response is permitted before choosing the twenty-day branch. A responsive act can control timing under the other branch.
Responsible actor. The party seeking to strike an insufficient defense or specified improper material. Use only a pleading to which no response is allowed, served otherwise than exclusively by mail. The before-response branch is not this calculation.
Ct. Ch. R. 12(f)How does Rule 6 count this particular component?
- Use only a pleading to which no response is allowed, served otherwise than exclusively by mail. The before-response branch is not this calculation.
- 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.
- Make and serve the motion, identify the material challenged, and complete the required filing before this disclosed boundary.
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 only a pleading to which no response is allowed, served otherwise than exclusively by mail. The before-response branch is not this calculation. 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 which no response is allowed | 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?
- Response allowed
- Where a response is allowed, the party must move before responding rather than rely on twenty days.
- Court initiative
- The Court can act on its own initiative. That power does not extend the party’s calculated deadline.
- 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 only a pleading to which no response is allowed, served otherwise than exclusively by mail. The before-response branch is not this calculation.
- 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(f)
When must a Chancery motion to strike a pleading be made?
Can I respond first and then use the twenty days?
Not under the before-response branch. Twenty days applies only where a response is not allowed.
Ct. Ch. R. 12(f)What material can the motion challenge?
Rule 12(f) identifies insufficient defenses and redundant, scandalous, immaterial or nonpertinent material.
Ct. Ch. R. 12(f)Does a court-initiated strike require this party deadline?
The Court’s own initiative is separate from the timing imposed on a moving party.
Ct. Ch. R. 12(f)Official Chancery sources and edition review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 12(f) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 12(f) | 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 |