United States · Delaware Court of Chancery
What is Chancery’s ordinary own-initiative new-trial timing?
Rule 59(a)(5) gives the Court an ordinary 10-day judgment-entry window to order new-trial or other after-trial relief on its own. This is the Court’s act.
- Period
- 10 days for the disclosed rule component
- Trigger
- Entry of judgment for the Court’s ordinary own-initiative action
- Rule
- Ct. Ch. R. 59(a)(5)
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. 59(a)(5) inquiry?
Entry of judgment for the Court’s ordinary own-initiative action
A party’s timely motion creates a distinct branch in which the Court may grant relief for a reason not stated in the motion after notice and opportunity to be heard.
Responsible actor. The Court acting on its own initiative. Calculate only the stated ordinary own-initiative judicial boundary from actual judgment entry. This is not a party’s motion deadline or permission to assume relief.
Ct. Ch. R. 59(a)(5)How does Rule 6 count this particular component?
- Calculate only the stated ordinary own-initiative judicial boundary from actual judgment entry. This is not a party’s motion deadline or permission to assume relief.
- Exclude the trigger day and count 10 days that are not Saturdays, Sundays or legal holidays under Rule 6(a)(1). These are short-period eligible days, not consecutive calendar days.
- Check the actual holidays, additional closures and applicable electronic or paper boundary.
- Preserve the actual entered judgment and judicial order. A calculated boundary does not establish that the Court has ordered a new trial.
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
Calculate only the stated ordinary own-initiative judicial boundary from actual judgment entry. This is not a party’s motion deadline or permission to assume relief. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Entry of judgment for the Court’s ordinary own-initiative action | August 2, 2027 |
| Disclosed rule boundary | 10 days for the disclosed rule component | August 16, 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?
- Party-motion branch
- Where a party has moved, the Court can grant relief for another reason after notice and an opportunity to be heard.
- No mail addition for Court
- Rule 6(c)(2) confines the mailing addition to acts by parties, not acts of the Court.
- 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.
- Calculate only the stated ordinary own-initiative judicial boundary from actual judgment entry. This is not a party’s motion deadline or permission to assume relief.
- 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. 59(a)(5)
What is Chancery’s ordinary own-initiative new-trial timing?
Does this require a party to file by the displayed boundary?
No. This question concerns the Court’s own act; the party motion has its distinct Rule 59(a)(3) inquiry.
Ct. Ch. R. 59(a)(3)–(5)Does the result show that a new trial was ordered?
No. Only the actual judicial order establishes that act.
Ct. Ch. R. 59(a)(5)Does a party motion permit relief on another stated reason?
The rule permits another reason after the required notice and opportunity to be heard.
Ct. Ch. R. 59(a)(5)Official Chancery sources and edition review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 59(a)(5) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 59(a)(5) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 6(c)(2) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 59(a)(3)–(5) | 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 |