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United States · Delaware Court of Chancery

When must the Chancery pretrial order be submitted before conference?

Rule 16(b) ordinarily requires the pretrial order at least three days before the Court-fixed pretrial conference. The conference date and actual scheduling order must be established.

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Period
3 days for the disclosed backward notice component
Trigger
The pretrial conference fixed by the Court
Rule
Ct. Ch. R. 16(b)
Ct. Ch. R. 16(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. 16(b) inquiry?

The pretrial conference fixed by the Court

Do not substitute the trial date. Rule 16(b) separately places the conference at least seven days before trial unless the Court directs otherwise.

Responsible actor. Trial counsel or self-represented parties submitting the pretrial order. Use the established pretrial conference and the ordinary three-day backward branch. No different submission time is directed.

Ct. Ch. R. 16(b)

How does Rule 6 count this particular component?

  1. Use the established pretrial conference and the ordinary three-day backward branch. No different submission time is directed.
  2. Exclude the established hearing or conference date and count backward 3 eligible days. Because this period is less than 11 days, exclude Saturdays, Sundays and legal holidays. Rule 6(a)(4) moves a required adjustment backward, away from the event.
  3. Check the actual holidays, additional closures and applicable electronic or paper boundary.
  4. Confer in good faith and submit the required pretrial order in the form and duplicate arrangement required by the current rule and Court directions.

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 established pretrial conference and the ordinary three-day backward branch. No different submission time is directed. Ordinary current-edition facts, no changed order and no exclusively mailed incoming service.

Example counting steps
StepWhat is countedDate
Established eventThe pretrial conference fixed by the CourtAugust 2, 2027
Ordinary notice boundary3 days for the disclosed backward notice componentJuly 28, 2027
Example resultJuly 28, 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.

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Which qualifications change this procedure?

Disagreement
Where contents cannot be agreed, each counsel or party submits a proposed order indicating the areas of disagreement.
Required contents
Rule 16(c) lists issues, admitted facts, relief, witnesses, evidentiary issues, proposed amendments and estimated trial days.
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.
Ct. Ch. R. 16(b)
  • Use the established pretrial conference and the ordinary three-day backward branch. No different submission time is directed.
  • 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. 16(b)

When must the Chancery pretrial order be submitted before conference?

Do I count backward from trial?

No. This submission period is measured before the Court-fixed pretrial conference.

Ct. Ch. R. 16(b)

Is one joint draft required despite unresolved disagreements?

The rule allows individual proposed orders showing areas of disagreement after the required good-faith conference.

Ct. Ch. R. 16(b)

Can a scheduling order supply a different submission time?

Yes. Confirm the Court’s actual directions before using the ordinary branch.

Ct. Ch. R. 16(b)

Official Chancery sources and edition review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Ct. Ch. R. 16(b)The particular actor, event, procedural act and rule conditions
Ct. Ch. R. 16(b)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 16(c)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 amendmentsThe separately identified counting, filing, procedural qualification or edition source
May 18, 2026 implementing order, effective June 1, 2026The separately identified counting, filing, procedural qualification or edition source
July 12, 2024 corrected implementing orderThe separately identified counting, filing, procedural qualification or edition source
September 23, 2025 Magistrate amendments, effective September 30, 2025The separately identified counting, filing, procedural qualification or edition source
Register in Chancery filing practices, July 26, 2023Older filing practices, read subject to the current Rule 5 text
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