Another significant revision permits Delaware attorneys to withdraw their appearance by notice without court permission if another attorney from the same firm continues to represent the party or if the client is no longer involved in the case. Previously, all withdrawals required court approval.
Electronic Service and Confidential Filings
The court will also streamline procedures for electronic service. A certificate of service will no longer be required for papers served electronically. However, if service is done through other means, an affidavit or attorney certification will still be necessary.
Changes to confidential filings under Rule 5.1 now allow documents to be filed confidentially without a court order, provided parties comply with specific terms. This rule does not apply to documents exchanged during discovery, which can be governed by agreements, stipulations, or court orders. Confidential treatment can be challenged if the information meets certain criteria, such as being sensitive proprietary or financial information.
Delaware Chancery Rule Changes : Additional Changes and Future Updates
Earlier revisions have already broadened the range of fonts permitted in briefing and streamlined language for class actions and derivative suits. Vice Chancellor Laster emphasized that these revisions are designed to improve the experience for both litigants and judges in the Chancery Court.
