A motion to reargue in the Delaware Court of Chancery “may be served and filed within 5 days after the filing of the Court’s opinion or the receipt of the Court’s decision.” Court of Chancery Rule 59(f).
Last month, in one of Chancellor Andre G. Bouchard’s final acts before retirement, the Court ruled that the time to move for reconsideration of a ruling that is first given verbally begins on the date an oral ruling is rendered, not on the date an implementing order is filed or granted. Macomb County Employees’ Retirement System v. McBride et. al. (May 4, 2021). Specifically, Chancellor Bouchard held “[t]he motion is untimely because it was filed on March 17, 2019, more than 5 business days after the oral decision on March 9, 2019.” Id. (emphasis added).