Rule 7 - Pleadings; Motions; Briefs; Letters; Compendia; Scheduling and Argument(a)Pleadings.(1)Permitted Pleadings. Only these pleadings are permitted: (B) an answer to a complaint;(C) an answer to a counterclaim designated as a counterclaim;(D) an answer to a crossclaim;(E) a third-party complaint;(F) an answer to a third-party complaint; and(G) if the Court orders one, a reply to an answer.(2)No Other Pleadings. Statutory references to other types of pleadings-such as a petition, statement of claim, or response-correspond to permitted pleadings.(3)Paragraphs. A pleading must state allegations, claims, or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. An answer to a complaint, counterclaim, or crossclaim must repeat the allegations of the pleading to which it is responding and then set forth the response below each such allegation.(4)Separate Counts or Defenses. If doing so would promote clarity, each claim founded on a separate transaction or occurrence-and each defense other than a denial-may be stated in a separate count or defense.(5)Incorporation by Reference; Exhibits. A pleading may incorporate another pleading or document by reference. Exhibits to a pleading are part of the pleading for all purposes.(b) Motions.(1)In General. Except where provided elsewhere, a request for a court order must be made by motion. Unless made during a hearing or trial, a motion must be made in writing.(2)Form and Content of Written Motions.(A) A written motion, opposition, or reply must contain, in the order indicated: (i) the title of the motion, opposition, or reply;(iii) in the motion or opposition, any relevant background;(v) a conclusion stating the relief sought.(B) A written motion, opposition, or reply must contain numbered paragraphs.(C) A written motion should attach a form of order providing for the relief sought.(D) Any written motion the movant is or will be supporting with an opening brief may refer to the brief for the items identified in Rule 7(b)(2)(A). If such a motion contains only one paragraph, then the paragraph need not be numbered.(3)Word Limits for Written Motions. (A) Any written motion the movant is or will be supporting with an opening brief may not exceed 500 words.(B) Any written motion the movant is not or will not be supporting with an opening brief may not exceed 3,000 words. The opposition to the motion may not exceed 3,000 words. The reply may not exceed 2,000 words. No other submissions containing argument may be filed unless the Court permits.(C) The caption, title, signature block, and any footer included under Rule 5.1(c) do not count toward the word limitations.(c)Briefs.(1)In General. Except as the Court orders, only the following briefs may be filed: (A) an opening, answering, and reply brief for a motion under Rule 12, 23, 23.1, 41(b), 56, or 65;(B) briefs relating to the approval of a settlement or application for attorney's fees and expenses for an action under Rule 23, 23.1, or 23.2;(C) pre-trial briefs; and(2)Form and Content of Briefs. (A) A brief must have a cover page that identifies:(i) the caption as required under Rule 10;(ii) the title of the brief; and(iii) the name, office address, and telephone number of the party or counsel filing the brief.(B) A brief must contain, in the order indicated and separated by appropriate headings: (i) a table of contents, with page references;(ii) a table of authorities-cases (alphabetically arranged), statutes, and other authorities-with page references;(iv) in an opening or answering brief, a statement of facts with references to the record;(v) an argument, divided into sections (and subsections, if needed); and(vi) a conclusion stating the relief sought.(C) A brief may not contain numbered paragraphs.(3)Word Limits. An opening or answering brief may not exceed 14,000 words. The reply brief may not exceed 8,000 words. The front cover, table of contents, table of citations, signature block, and any footer included pursuant to Rule 5.1(c) do not count toward the limitation.(d) Letters.(1)Purpose. A letter may be used to transmit courtesy copies of other documents, provide an update to the Court, address logistical or scheduling issues, or address disputes over forms of order. Without authorization from the Court, a party may not request other relief by letter.(2)Letters from non- Delaware Counsel. Any letter from a lawyer must be signed by a Delaware lawyer. A letter from a Delaware lawyer may not merely transmit a letter from a non-Delaware lawyer.(3)Word Limits. A letter to the Court may not exceed 1,000 words. The letterhead, header, address and delivery information, caption, date, salutation, complimentary close, signature, statement of enclosures and copy recipients, and any footer included under Rule 5.1(c) do not count toward the limitation.(e)Compendium. A party may submit a compendium of the authorities that the party wants the Court to review. Examples include the principal Delaware decisions (whether reported or unreported), applicable Delaware regulations, persuasive non-Delaware decisions, non-Delaware statutes, and excerpts from treatises, articles, and other authorities not readily accessible to the Court. A compendium should not duplicate authorities that an opposing party provided. The compendium should generally not include cases only cited once.(f)Scheduling and Argument.(1) Parties may submit a briefing schedule for Court approval by stipulation and proposed order.(2) If the parties cannot reach agreement, any party may seek an order fixing a briefing schedule.(3) Any party may request a hearing. The Court may grant the request or rule without a hearing.Amended September 25, 2023, effective 9/25/2023.Comment
In 2023, Rule 7 was revised to align its language with Federal Rule of Civil Procedure 7 and with other revisions to these rules.
The revision deletes prior Rule 7(b)(2) and (b)(3) as unnecessary cross references. The revision deletes prior Rule 7(c) as unnecessary in light of prevailing practice.
The revision alters Rule 7(b)(4) to align with current practice.
Rule 7 contains new sections that incorporate aspects of prior Rule 171, which the revision eliminates.
Rule 7(c)(1) states when briefs are generally permitted.
Rule 7(c)(2)(B) addresses the contents of motions.
Rule 7(b)(3) imposes a word limitation so that motions supported by briefs do not include argument reserved for the briefs. Rule 7(d) addresses the use of letters.