Del. R. Ch. Ct. 6

As amended through November 14, 2024

Rule 6 - Computing and Extending Time

(a) Computing Time. The following rules apply in computing any time period specified in these Rules, in a Court order, or in any statute that does not specify a method of computing time and that addresses the timing of events in a Court proceeding:

(1)Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:

(A) Exclude the day of the event that triggers the period.

(B) Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days.

(C) Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2)Period Stated in Hours. When the period is stated in hours:

(A) Begin counting immediately on the occurrence of the event that triggers the period.

(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays.

(C) If the period would end on a Saturday, Sunday, or legal holiday, the period continues until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

(3)Inaccessibility of the Register in Chancery. Unless the Court orders otherwise, if the Register in Chancery is inaccessible on the last day of a period, then the period for any filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday.

(4) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(5)"Legal Holiday" Defined. As used in this rule, "legal holiday" means any day declared a holiday by the Governor of the State or identified as a holiday in 1 Del. C. § 501.

(b) Enlargement.

(1)In General. When an act may or must be done within a specified time, the Court may, for good cause shown, extend the time:

(A) with or without motion or notice if the Court acts, or if a request is made, before the time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2)Exceptions. The Court must not extend the time for taking any action under Rule 59(b), (d), or (e), except to the extent and under the conditions stated in them.

(c) Additional Time After Service by Mail.

(1) The time period calculated under Rule 6(a) is extended by three calendar days when:

(A) an act may or must be done within a specified time after service; and

(B) service is made exclusively by mail.

(2) The additional three-day period applies only to acts by parties and not to acts of the Court.

Del. R. Ch. Ct. 6

Amended May 31, 2024, effective 6/14/2024; amended July 12, 2024, effective 7/12/2024.

Comment

In 2024, Rule 6 was revised to align its language to the extent possible with Federal Rule of Civil Procedure 6 so that authorities interpreting the federal rule could be cited more easily as persuasive authority for the interpretation of Rule 6. The revision made substantive changes to conform Rule 6 with current practice and to adopt aspects Federal Rule 6.

Revised Rule 6(a) provides that the rules for calculating time periods apply to statutes if the statutes address the timing of events in this Court. This aspect of revised Rule 6 conforms the language of the rule with the interpretation provided in Nelson v. Frank E. Best, Inc., 768 A.2d 473 (Del. Ch. 2000), and related authorities.

Revised Rule 6(a)(1) does not adopt the current federal approach of counting every day when calculating time periods. Revised Rule 6 retains the existing Court of Chancery method of excluding intermediate Saturdays, Sundays, and legal holidays when calculating a period of less than 11 days.

Like Federal Rule 6(a)(2), revised Rule 6(a)(2) provides a method for counting periods measured in hours.

Like Federal Rule 6(a)(3), revised Rule 6(a)(3) no longer refers to "weather or other conditions" as the sole reason why the Register in Chancery's office could be inaccessible. The revision acknowledges that the Register in Chancery could be inaccessible for other reasons.

Like Federal Rule 6(a)(4), revised Rule 6(a)(4) defines "next day" for purposes of calculating time periods. Federal authorities interpreting the phrase should be persuasive.

Revised Rule 6(c) adds the word "exclusively" to make clear that the three extra days for calculating a time period only apply when a paper is served exclusively by mail. The three extra days do not apply if the paper is both served by mail and filed electronically. Other authorities, including Rule 5 and the Court's procedures for electronic filing, address when a party may serve a paper exclusively by mail. Revised Rule 6(c) follows federal Rule 6(d) by clarifying that the three additional days are calendar days. Thus, intermediate Saturdays, Sundays, and legal holidays are included, not omitted. The Federal Advisory Committee Notes to Rule 6-2005 Amendment includes helpful examples for applying the rule.