Page 21 - Delaware Lawyer - Fall 2022

Expedited proceedings. The Court of Chancery’s docket has exploded over the last several years. That is particularly so with respect to matters in which par- ties seek expedited proceedings. Accord- ing to recent statistics, approximately 35% of civil actions filed in the Court of Chancery in 2022 are accompanied by motions to expedite. Many of those cases are summary in nature and require motions to expedite.15 Others seek expe- dited interim relief, such as a temporary restraining order or a preliminary injunc- tion.
As to other cases, counsel should care- fully consider whether expedited treat- ment is warranted. If so, focus on when you need a decision, identify the claims that require expedition, and explain why in your moving papers. If you need a prompt hearing on a motion to expedite, contact the opposing party or its coun- sel immediately and provide them with
the complaint and motion papers, along with a note that you are seeking an im- mediate scheduling conference. It is also helpful for counsel to advise the Court as to whether opposing counsel has been provided notice of the complaint and motion papers and whether the motion to expedite is opposed.
Argument and trial. The Court schedules arguments in 90-minute seg- ments. If you believe that more than 90 minutes is necessary, first confer with your opposing counsel. When request- ing additional time from the Court, pro- vide a legitimate justification (e.g., there are multiple motions or complex issues to be presented). Requests for trial dates present related, but more complicated is- sues. Counsel are ill advised to call cham- bers seeking five days or more for a trial without justification.
On more than one occasion, the ex- planation has been something along the
lines of: “Well, we don’t know exactly how long we will need, but we want to reserve X [usually five or more] days just in case.” That is not a wise strategy, par- ticularly if you are seeking a relatively prompt trial (i.e., within one year). Fo- cus on what you need — and remember that this is the Court of Chancery, where there are no jury trials and parties fre- quently agree to submit deposition tran- scripts in lieu of live testimony.
A request for a week or more of trial days presents other logistical issues. Even with the recent expansion to seven con- stitutional officers and three Masters in Chancery, the Court’s physical and per- sonnel resources are at a premium. Re- serving a courtroom or a court reporter for one case means that those resources are not available for another case. We all need to work together to make the most efficient use of the Court’s limited resources.
FALL 2022 DELAWARE LAWYER 19