DE Bar Civil Procedure 3 — Questions and Answers
Question 1: In the Delaware Court of Chancery, who decides issues of fact at trial?
- The Chancellor or a Vice Chancellor, because there are no jury trials in Chancery (Correct answer)
- A six-person jury
- A twelve-person jury
- A panel of three masters
Correct answer: The Chancellor or a Vice Chancellor, because there are no jury trials in Chancery
The Court of Chancery is a court of equity where the Chancellor or Vice Chancellors act as fact-finders, and there is no right to a jury trial.
Question 2: A plaintiff files suit in Delaware Superior Court but fails to serve the defendant. Under Superior Court Civil Rule 4, what typically happens if service is not made within 120 days of filing?
- The action may be dismissed without prejudice as to that defendant unless good cause is shown (Correct answer)
- The action is automatically dismissed with prejudice
- The court must issue a default judgment against the defendant
- The limitations period is tolled indefinitely
Correct answer: The action may be dismissed without prejudice as to that defendant unless good cause is shown
Like its federal analog, Rule 4 permits dismissal without prejudice if service is not made within 120 days absent a showing of good cause.
Question 3: In Delaware, a defendant moves to dismiss under Superior Court Civil Rule 12(b)(6). What standard does the court apply?
- Whether the plaintiff could recover under any reasonably conceivable set of circumstances susceptible of proof (Correct answer)
- Whether the claim is plausible on its face under Twombly and Iqbal
- Whether there is no genuine issue of material fact
- Whether the plaintiff has proven the claim by a preponderance of the evidence
Correct answer: Whether the plaintiff could recover under any reasonably conceivable set of circumstances susceptible of proof
Delaware courts apply the 'reasonable conceivability' standard, which is more lenient to plaintiffs than the federal plausibility standard.
Question 4: Which Delaware court has jurisdiction over civil landlord-tenant summary possession proceedings?
- The Justice of the Peace Court (Correct answer)
- The Court of Chancery
- The Superior Court
- The Family Court
Correct answer: The Justice of the Peace Court
The Justice of the Peace Court has exclusive jurisdiction over summary possession actions between landlords and tenants.
Question 5: A Delaware plaintiff obtains a default judgment against a defendant who never answered. The defendant later moves to vacate, claiming excusable neglect. Under which rule is the motion analyzed?
- Rule 60(b) (Correct answer)
- Rule 12(c)
- Rule 50(b)
- Rule 41(a)
Correct answer: Rule 60(b)
Rule 60(b) governs relief from judgments, including default judgments, on grounds such as mistake, inadvertence, or excusable neglect.
Question 6: Under Delaware law, when does an appeal to the Delaware Supreme Court from a final Superior Court judgment generally have to be filed?
- Within 30 days after entry of the judgment (Correct answer)
- Within 10 days after entry of the judgment
- Within 60 days after entry of the judgment
- Within 90 days after entry of the judgment
Correct answer: Within 30 days after entry of the judgment
Supreme Court Rule 6 requires a notice of appeal in civil cases to be filed within 30 days after entry of the judgment, and the deadline is jurisdictional.
Question 7: In a Delaware stockholder derivative suit, what must a plaintiff plead under Court of Chancery Rule 23.1 if no pre-suit demand was made on the board?
- Particularized facts showing that demand would have been futile (Correct answer)
- A general allegation that the board is conflicted
- Proof of actual damages exceeding $75,000
- Certification that at least 5% of stockholders support the suit
Correct answer: Particularized facts showing that demand would have been futile
Rule 23.1 requires particularized allegations demonstrating demand futility, as elaborated in the Zuckerberg three-part test.
DE Bar Civil Procedure 3
In the Delaware Court of Chancery, who decides issues of fact at trial?