Chancery STMT Re Admin Order

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Statement from the Court of Chancery

Concerning Supreme Court Administrative Order No. 3

On March 22, 2020, the Delaware Supreme Court issued Administrative


Order No. 3, closing to the public all courthouses in the State until April 15, 2020
and implementing certain other measures in response to the public health threat
posed by COVID-19. The purpose of this notice is to elaborate on two of those
measures.

In accordance with paragraph 4 of the Order, we will be placing a dropbox


near the entrance of each courthouse where the Court of Chancery operates to accept
filings from individuals who do not have the ability to file documents electronically
in civil actions, guardianship cases, and miscellaneous matters. The dropbox will
be labeled for Court of Chancery use. Litigants who can file documents
electronically using File & ServeXpress must continue to do so, of course, and may
use the dropbox to deliver courtesy copies of papers.

In order to ensure prompt processing of deliveries, anyone who


places documents in the dropbox should call the Register in
Chancery at (302) 255-0544 letting us know you have done so.

Paragraph 6 of the Order explains that deadlines imposed by court order


continue to remain in place but may be extended, consistent with court practices, for
good cause shown, including a COVID-19 related cause. This provision is
particularly relevant to the Court of Chancery, where briefing and case schedules
typically are governed by scheduling stipulations and orders rather than court rules.
Without having such orders in place, the ability of litigants and the court to plan their
time and manage cases in an orderly manner would be jeopardized. But it is
important to keep things in perspective. Our nation is confronting a crisis that has
disrupted our daily lives and the normal operations of businesses, law firms,
government institutions, and other enterprises in unprecedented ways. The reality is
that many hearings and case schedules will have to be adjusted, perhaps multiple
times. In that vein, the court will be solicitous of granting any reasonable requests
for extensions and we urge practitioners to be flexible and to work together
cooperatively to do the same without the need for court involvement whenever
possible, consistent with the longstanding tradition of professionalism that has
defined our Bar.

March 23, 2020 Andre G. Bouchard


Chancellor

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