On July 18, 2018, the Delaware Supreme Court issued an Order to improve attorney work life balance.  The Order requires that each state court in Delaware amend their rules to set forth a 5:00 p.m. ET electronic filing deadline for the majority of filings.  To read an announcement from the Delaware Supreme Court discussing the Order, click here.  [Note: This follows a similar rule by the U.S. District Court of the District of Delaware, which set a filing cutoff of 6:00 p.m. ET.]

The 5:00 p.m. ET filing deadline will apply to all electronic filings in non-expedited cases, except for initial pleadings and notices of appeal.  Expedited cases are not subject to this rule.  The filing deadline will become effective on September 14, 2018.

The Order also recommends that Delaware state courts adopt rules discouraging filing deadlines on Mondays or immediately following a holiday, the issuance of non-expedited opinions after 4:00 p.m. generally or on a Friday afternoon, and the scheduling of oral argument or trials in August, except for expedited matters or where there is an important reason for proceeding at that time.

Carl D. Neff is a lawyer with the law firm of Fox Rothschild LLP.  Carl is admitted in the State of Delaware and regularly practices before the Delaware Court of Chancery, with an emphasis on shareholder disputes.  You can reach Carl at (302) 622-4272 or at cneff@foxrothschild.com.