What is the Court of Chancery in Delaware County?

Asked by: Gina Brekke  |  Last update: June 21, 2026
Score: 4.9/5 (37 votes)

The Delaware Court of Chancery is a specialized, non-jury trial court of equity established in 1792 that serves as the nation's preeminent forum for disputes involving Delaware corporations and business entities. It handles complex corporate governance, mergers, and fiduciary duty cases, rather than holding jury trials, with decisions made by experts in equity law.

Why does Delaware have a Court of Chancery?

Quillen and Michael Hanrahan in their Short History of the Delaware Court of Chancery repeat the "folklore of the Delaware bench and bar, saying that the impetus for creating a Court of Chancery was to provide a new judicial seat for Delaware's first Chancellor, William Killen." Killen was the elderly and highly ...

What does the Court of Chancery do?

Today, chancery courts are used to settle disputes, usually in custody cases, adoptions, divorces, and similar issues, though in some states contract issues may be heard as well. Chancery courts never have more jurisdiction than general courts of law and expressly cannot hear criminal cases.

What is the difference between the Superior Court and the Court of Chancery in Delaware?

Superior Court has statewide original jurisdiction over criminal and civil cases, except equity cases, over which the Court of Chancery has exclusive jurisdiction, and domestic relations matters, which jurisdiction is vested with the Family Court.

Which of the following cases can be brought in Delaware's Court of Chancery?

The Delaware Court of Chancery is a non-jury trial court that serves as Delaware's court of original and exclusive equity jurisdiction, and adjudicates a wide variety of cases involving trusts, real property, guardianships, civil rights and commercial litigation.

Why Is the Delaware Court of Chancery Important? [No. 86]

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Why is it called Chancery Court?

Chancery originated in Medieval England as a distinct court of equity, named for the Lord Chancellor. In its earliest form, those who were unable to obtain an adequate common law remedy could petition the King of England, who would refer the case to the Lord Chancellor.

What are examples of chancery cases?

Cases dealt with by the court are wide ranging and include disputes, among many other kinds, over:

  • family inheritance and wills.
  • land and other property, including trusts and uses.
  • debts.
  • marriage settlements.
  • apprenticeships.
  • trade and bankruptcy.

Is Delaware Chancery Court a federal court?

No, the Delaware Court of Chancery is not a federal court; it is a specialized state-level court of equity within the Delaware court system. It acts as a non-jury trial court focusing on corporate governance, business disputes, and trust law, rather than handling federal matters.

What is the rule 30 in the Delaware Chancery Court?

Rule 30(b)(6) of the Delaware Court of Chancery Rules (like Rule 30(b)(6) of the Federal Rules of Civil Procedure) requires the designated person to testify as to matters “known or reasonably available to the organization.” That means that the organization must designate a human witness who already possesses the ...

Can a president fire a judge?

No, a U.S. President cannot fire a federal judge or Supreme Court Justice. Article III of the Constitution grants federal judges lifetime appointments ("during good behavior"), meaning they can only be removed through impeachment by the House of Representatives and conviction by the Senate.

What should you not say to a judge?

Don't use casual or inappropriate language. Always refer to the judge as “Your Honor.” Never say “Judge,” “Sir,” “Ma'am,” or use first names or slang. Speaking with proper courtroom etiquette shows that you respect the court and take your case seriously.

What does it mean when someone gets in chancery?

in chancery in American English

1. in process of litigation in a court of equity. 2. in an awkward or helpless situation.

What is the jurisdiction of the Delaware Chancery Court?

The Delaware Court of Chancery is a specialized, non-jury court with original and exclusive jurisdiction over equitable matters and corporate disputes for entities formed in Delaware. It resolves corporate internal affairs, fiduciary breaches, trust/estate issues, and commercial contractual matters, requiring equitable relief (like injunctions) rather than just money damages.

What is the Court of Chancery Rule 54 in Delaware?

Court of Chancery Rule 54 governs the taxing of costs. It states: (d) Costs. Except when express provision therefor is made either in a statute or in these Rules, costs shall be allowed as of course to the prevailing party unless the Court otherwise directs.

Why are corporations pulling out of Delaware?

The Delaware corporate exodus stems from dissatisfaction with high-profile rulings by the Delaware Court of Chancery, particularly those expanding shareholder litigation risks and scrutinizing executive compensation under state corporate law.

Is Delaware mostly Republican or Democrat?

Historically, the state was considered a swing state, as it voted for the national winner all but twice between 1896 and 1996; the only exceptions being 1916 and 1948. However, in the 21st century, the state has become strongly Democratic and provided double-digit wins to Democrats since 2008.

What is the Romeo and Juliet law in Delaware?

Delaware has very limited Romeo-and-Juliet protections. Delaware law creates an affirmative defense for teenage defendants who are not more than 4 years older than a 12- to 15-year-old partner. To prevail on this defense, the teenage defendant needs to prove the partner knowingly consented to the sexual activity.

What not to say during deposition?

In a deposition, never volunteer information, guess, speculate, or lie. Answer only the question asked with truthful, concise answers, avoiding exaggerations like "always" or "never," and do not say "I'm sorry" or admit fault. Never interrupt the attorney, get argumentative, or discuss conversations with your lawyer.

What matters to judges on Delaware's Chancery court?

The Delaware Court of Chancery is a non-jury trial court that serves as Delaware's court of original and exclusive equity jurisdiction, and adjudicates a wide variety of cases involving trusts, real property, guardianships, civil rights, and commercial litigation.

What does "oye oye oye" mean in court?

"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.

How to greet a judge?

Always address a judge as "Your Honor" or "Judge [Last Name]" when in the courtroom. Stand whenever you speak to the judge, remain calm and polite, and never interrupt them. For written correspondence, use "Dear Judge [Last Name]" or "The Honorable [Full Name]".

What is the most powerful court in the USA?

The highest court in the judicial branch of the United States is the Supreme Court of the United States (often abbreviated as SCOTUS). As the final arbiter of law and the constitution, it holds the highest judicial authority in the nation.

What cases go to Chancery Court?

Chancery Court: The Chancery Court hears matters relating to land and family. Land disputes, eminent domain cases, divorce, child custody, and probated estates are examples of cases it hears. Almost all of the cases heard are decided by the Judge/Chancellor only.

What is the Delaware chancery litigation?

The Delaware Court of Chancery is widely recognized as the nation's preeminent forum for the determination of disputes involving the internal affairs of the thousands upon thousands of Delaware corporations and other business entities through which a vast amount of the world's commercial affairs is conducted.

What does a chancery judge do?

A court of equity, in which a judge can order acts performed, such as that a contract be modified or an activity stopped. The chancery court's functions are distinct from those of common law courts, which can order money damages to be paid, and where jury trials are available.