United States · Delaware Court of Chancery
When must Chancery testifying expert reports and demonstratives be filed?
Rule 5(c)(4)(B) ordinarily requires filing testifying expert reports and demonstratives within 10 days after the relevant trial or hearing concludes. Check any different order.
- Period
- 10 days for the disclosed rule component
- Trigger
- Conclusion of the trial or hearing where the expert testifies or the report is used
- Rule
- Ct. Ch. R. 5(c)(4)(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. 5(c)(4)(B) inquiry?
Conclusion of the trial or hearing where the expert testifies or the report is used
Do not substitute initial expert disclosure, report drafting or the first day of a continuing trial. Preserve the completed proceeding event.
Responsible actor. The party presenting the testifying expert reports or demonstrative exhibits. Use the conclusion of the trial or hearing where the expert testified or the report was used. No different filing order applies.
Ct. Ch. R. 5(c)(4)(B)How does Rule 6 count this particular component?
- Use the conclusion of the trial or hearing where the expert testified or the report was used. No different filing order applies.
- 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 the required testifying expert reports and demonstratives, respecting confidentiality and the actual electronic filing 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 the conclusion of the trial or hearing where the expert testified or the report was used. No different filing order applies. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.
| Step | What is counted | Date |
|---|---|---|
| Established event | Conclusion of the trial or hearing where the expert testifies or the report is used | 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?
- Earlier discovery obligations
- Expert disclosure and discovery-service obligations are separate from this post-proceeding filing requirement.
- Altered filing order
- The Court may direct a different filing arrangement or time.
- 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 conclusion of the trial or hearing where the expert testified or the report was used. No different filing order applies.
- 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. 5(c)(4)(B)
When must Chancery testifying expert reports and demonstratives be filed?
Does the clock start when the report is written?
No. This branch uses conclusion of the trial or hearing where the expert testified or the report was used.
Ct. Ch. R. 5(c)(4)(B)Does the first trial day necessarily start the ten days?
No. The rule identifies conclusion of the relevant trial or hearing.
Ct. Ch. R. 5(c)(4)(B)Are all expert discovery papers always filed when served?
No. Rule 5(c)(3) uses notices of service and separate conditions for filing discovery materials.
Ct. Ch. R. 5(c)(3)Official Chancery sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Ct. Ch. R. 5(c)(4)(B) | The particular actor, event, procedural act and rule conditions |
| Ct. Ch. R. 5(c)(3)–(4) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 5(c)(4) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 5(c)(4)(B) | The separately identified counting, filing, procedural qualification or edition source |
| Ct. Ch. R. 5(c)(3) | 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 |