Client Alerts

Delaware Court of Chancery Rule 101 and 104 Amended; New Rule 5.1

On October 31, 2012, Chancellor Leo E. Strine, Jr. signed Amendments to Court of Chancery Rules 101 and 104. These changes took effect on December 1, 2012. Court of Chancery Rules 100 through 104 address the procedures and requirements for the Delaware trust consent petition practice and, following these amendments, also apply to any other action, including contested trust litigation, involving the modification of a trust.

Additionally, effective January 1, 2013, new Rule 5.1 was added, and old Rule 5(g) was deleted from the Court of Chancery Rules. Rule 5.1 is intended to make clear that only limited types of information qualify for confidential treatment in submissions to the Court, and that generally, absent a qualification for confidential treatment, proceedings in any Civil Action and all pleadings and other materials filed with the Register In Chancery in connection with a Civil Action, are matters of public record. New Rule 5.1 establishes a new set of procedures and criteria for confidential treatment of filings.

Click here to download Morris Nichols analysis of both Rule changes with links to the Court’s Orders.

Click here to download a copy of the Court’s Order amending Rules 101 and 104.

Click here to download a copy of the Court’s Order adding Rule 5.1 and deleting Rule 5(g).

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