United States · Delaware Court of Chancery
When is opposition to a written Chancery reargument motion due?
Rule 59(c)(2) requires opposition within five days after the reargument or clarification motion is filed. The oral-ruling branch separately restricts opposition without leave.
- Period
- 5 days for the disclosed rule component
- Trigger
- Filing of the reargument or clarification motion
- Rule
- Ct. Ch. R. 59(c)(2)
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(c)(2) inquiry?
Filing of the reargument or clarification motion
This clock runs from filing, not receipt or service. Independently confirm the proceeding is outside the oral-ruling leave restriction and the flagged Magistrate-report route.
Responsible actor. The party opposing a permitted written-ruling reargument or clarification motion. Use the written-ruling opposition branch with no different direction. For an oral ruling, obtain the required leave before treating an opposition as permitted.
Ct. Ch. R. 59(c)(2)How does Rule 6 count this particular component?
- Use the written-ruling opposition branch with no different direction. For an oral ruling, obtain the required leave before treating an opposition as permitted.
- Exclude the trigger day and count 5 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 permitted opposition. Preserve the incoming motion’s filing record and any necessary leave.
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 written-ruling opposition branch with no different direction. For an oral ruling, obtain the required leave before treating an opposition as permitted. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Filing of the reargument or clarification motion | August 2, 2027 |
| Disclosed rule boundary | 5 days for the disclosed rule component | August 9, 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?
- Oral-ruling restriction
- Rule 59(c)(1) requires leave for opposition or reply after the oral-ruling branch.
- Reply restricted
- A supporting reply may not be filed unless the Court requests it.
- 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 written-ruling opposition branch with no different direction. For an oral ruling, obtain the required leave before treating an opposition as permitted.
- 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(c)(2)
When is opposition to a written Chancery reargument motion due?
Does receipt of the motion start the five days?
No. Rule 59(c)(2) uses filing of the motion.
Ct. Ch. R. 59(c)(2)Does an oral ruling give automatic permission to oppose?
No. The oral-ruling text requires leave for opposition or reply.
Ct. Ch. R. 59(c)(1)Does exclusive mailing of the motion add three days to this clock?
The opposition clock is filing-based. Rule 6(c) addresses periods measured after service.
Ct. Ch. R. 6(c)(1)Official Chancery sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 59(c)(2) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 59(c)(1) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 59(c)(3) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 59(c)(2) | 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. 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 |