The Court recently amended Court of Chancery Rules 3(b)(b)(1) and (3), which address guardianship fees. For a copy of the amendment, click here. To read an announcement from the Court dated March 1, 2012 regarding this amendment, click here.
Specifically, the amendment to Rule 3 increases certain guardianship fees but eliminates related fees in connection with such petitions. The changes will not alter the net cost for litigants, but will result in one payment being due at the beginning of the process instead of requiring litigants to make several payments over the course of the pendency of their petitions. The amendment also establishes costs for guardianships transferred to and from Delaware under the Uniform Guardianship Act and sets costs for proceedings not formerly provided for in the Rule, such as petition to increase a monthly allowance and proof of compliance. To close gaps that previously existed, the amendment to Rule 3 now requires that all applications for expedited treatment be accompanied by a motion to expedite and, finally, fees will be charged for all proceedings involving a judicial officer, whether held by telephone or in person, in chambers or in a courtroom. The Court has revised the Supplemental Information Sheet to incorporate the changes for the filing of expedited proceedings. The revised Supplemental Information Sheet should be attached to all new case filings.
The amendment to Rule 3 went into effect on April 1, 2012.