Del. R. Ch. Ct. 3

As amended through November 14, 2024

Rule 3 - Commencing an Action; Related Deposits, Fees, and Charges

(a) Complaint. A civil action is commenced by filing a complaint with the Register in Chancery.

(b) Supplemental Information Sheet. Each complaint must be accompanied by a completed supplemental information sheet in the form adopted by the Court.

(c) Verification.

(1) The following papers must be verified:

(A) complaints;

(B) counterclaims;

(C) crossclaims;

(D) third-party complaints; and

(E) amendments or supplements to those pleadings.

(2) Each party filing the paper must verify under oath or by affirmation that the matter contained in the paper is true and correct to the best of the party's knowledge, information, and belief. An authorized person must verify a paper filed by an entity or association.

(d) Deposits for Fees and Charges.

(1)Initial Nonrefundable Deposit and Use.

(A) To commence an action, a party must pay an initial nonrefundable deposit, except in matters:

(i) concerning a trust;

(ii) concerning a guardianship;

(iii) for partition;

(iv) for a decree of distribution;

(v) to sell real property to pay debts;

(vi) for instructions;

(vii) for an adjudication of presumed death;

(viii) for an order disposing of remains;

(ix) for elective share;

(x) to admit a will to probate;

(xi) for a rule to show cause to compel return of assets; and

(xii) for a distribution order to discharge estate debt.

(B) The initial nonrefundable deposit is in addition to any other fees or charges due to commence the case.

(C) The Register in Chancery will apply the initial deposit to satisfy fees or charges for the plaintiff's filings after the initial filings in the case.

(2)Additional Deposit and Use. If the initial nonrefundable deposit is exhausted, a party may be required to pay an additional deposit before performing any additional services. The Register in Chancery will use the additional deposit to satisfy fees or charges for filings.

(3)Sequestration Deposit. In an action seeking a sequestration order, a party must pay an additional deposit. The Register in Chancery will set aside part of the additional deposit to pay the sequestrator any Court-ordered fee.

(4) The Register in Chancery will refund any balance from an additional or sequestration deposit remaining at the end of the case.

(e) Schedule of Deposits, Fees, and Charges. The Register in Chancery will assess the deposits, fees, and charges identified in a schedule published by the Register in Chancery.

(f) Modifications. The Register in Chancery may determine any deposits, fees, or charges for services not specified in the Schedule of Deposits, Fees, and Charges. The Register in Chancery may increase or decrease any deposit, fee, or charge for good cause in a particular case.

(g) Additional Fees. In addition to any other deposits, fees, and charges, a party must pay:

(1) a technology surcharge for each filing; and

(2) a supplemental court security fee for each initial civil filing, to be deposited in the Court Security Fund, pursuant to 10 Del. C. § 8505.

(h) Security for Costs Incurred by Non-Resident Plaintiffs. A non-Delaware resident may be required to post security for costs.

(i) Exemptions. The following parties are exempt from paying fees and charges:

(1) the Attorney General or the Department of Justice;

(2) the Insurance Commissioner;

(3) the Human Relations Commission;

(4) the Office of the Public Guardian; or

(5) any party the Court determines to be unable to pay the fees and charges.

Del. R. Ch. Ct. 3

Amended July 19, 2018, effective 8/15/2018;amended May 31, 2024, effective 6/14/2024; amended July 12, 2024, effective 7/12/2024.

Comment

In 2024, Rule 3 was revised to align its language to the extent possible with Federal Rule of Civil Procedure 3 so that authorities interpreting the federal rule could be cited more easily as persuasive authority for the interpretation of Rule 3.

Except as noted, no substantive change in the interpretation of the rule was intended, and prior Delaware authorities interpreting the rule remain applicable.

The revision follows Federal Rule 3 in stating that a civil action is commenced by filing a complaint. Under Rule 7, a complaint for purposes of the rules includes a petition or a filing that a statute may designate for commencing an action.

The revision removes the requirement to file service copies of a complaint to align with current electronic filing practice. It also addresses the obligation to file a supplemental information sheet with each complaint.

The revision clarifies that supplements to certain pleadings must be verified.

The revision clarifies that (i) the initial nonrefundable deposit is not required in certain matters and (ii) any additional or sequestration deposit is refundable. The revision removes the Register in Chancery's discretionary deposit for costs associated with filings in guardianship matters to align with the current practice of fee collection at the time of filing.

The revision incorporates and replaces Rule 79.1(d) regarding the technology surcharge.

The revision modifies the language concerning the supplemental court security assessment for consistency with 10 Del. C. § 8505.

The revision removes the costs of deposits and the statewide security fee, and the schedule of fees and charges. The Register in Chancery will publish a Schedule of Deposits, Fees, and Charges that will be updated from time to time.

The new Schedule of Deposits, Fees, and Charges:

(i) clarifies that the Register in Chancery will assess fees and charges against the filing or authorizing party, except in certain specified instances;

(ii) identifies the cost of the initial nonrefundable deposit, sequestration deposit, supplemental court security fee, and technology surcharge;

(iii) clarifies that the fees and charges for "All Actions" are default costs unless otherwise specified for civil actions or matters concerning guardianships, trusts or receiverships;

(iv) removes the duplicative references to fees for "Docketing any item" and "Scanning hard copy documents for docketing" and replaces them with a single per page fee for "Recording any document filed"

(v) clarifies the cost associated with in-person and remote court proceedings;

(vi) clarifies that there is no charge for motions to expedite, in-person and remote court proceedings, and exhibit storage in guardianship matters;

(vii) identifies the cost of subpoenas in guardianship and trust matters;

(viii) increases the fee for amended counterclaims, cross-claims, and third-party claims to align with the fee for filing an amended complaint;

(ix) clarifies the costs associated with filing, recording and indexing of accounts and mailing notices to interested parties that the Register in Chancery charges in trustee, guardianship, and receivership matters;

(x) clarifies that fees for mediation, pursuant to Rules 93-95 and 174, apply to full and partial days and include time spent preparing for mediation and follow-up with the parties; and

(xi) increases the cost of mediation pursuant to Rule 174 for civil actions or trust matters.