United States · Delaware Court of Chancery
When must a Chancery motion to alter or amend judgment be filed?
Rule 59(b) requires a motion to alter or amend judgment within 10 days after judgment entry. Rule 6(b)(2) expressly identifies this subsection in its extension prohibition.
- Period
- 10 days for the disclosed rule component
- Trigger
- Entry of judgment to be altered or amended
- Rule
- Ct. Ch. R. 59(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. 59(b) inquiry?
Entry of judgment to be altered or amended
Identify the actual entered judgment. A later notification of entry does not supply this rule’s stated trigger.
Responsible actor. The party moving to alter or amend the entered judgment. Use the current Rule 59(b) judgment-entry branch. Do not substitute service, receipt or the date the judgment was announced.
Ct. Ch. R. 59(b)How does Rule 6 count this particular component?
- Use the current Rule 59(b) judgment-entry branch. Do not substitute service, receipt or the date the judgment was announced.
- 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.
- File and serve the motion by the ordinary boundary and preserve its actual filing. Verify the substantive grounds and any effect on finality separately.
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 current Rule 59(b) judgment-entry branch. Do not substitute service, receipt or the date the judgment was announced. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Entry of judgment to be altered or amended | 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?
- Express extension exception
- Rule 6(b)(2) names Rule 59(b). Do not infer automatic enlargement under the general good-cause rule.
- Other relief
- The motion may rely on a Rule 60 ground. A separate Rule 60 motion has different timing and finality effects.
- 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 current Rule 59(b) judgment-entry branch. Do not substitute service, receipt or the date the judgment was announced.
- 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(b)
When must a Chancery motion to alter or amend judgment be filed?
Is this the same as requesting new trial?
No. Restyled Rule 59(b) is the alteration branch; new-trial timing sits in Rule 59(a)(3).
Ct. Ch. R. 59(a)(3), (b)Does mailing the entered judgment add three days?
No. This period runs from judgment entry, not after service.
Ct. Ch. R. 6(c)(1)Does a timely motion affect judgment finality?
Rule 59(d) makes judgment nonfinal until the Court rules on a timely motion under Rule 59.
Ct. Ch. R. 59(d)Official Chancery sources and edition review
Provisions used (14)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 59(b) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 6(b)(2) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 59(b) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 59(a)(3), (b) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 6(c)(1) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 59(d) | 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 |