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L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott. L-R Francis Pileggi and Chauna Abner, Lewis Brisbois

Voluntarily transferring cases from the Delaware Court of Chancery to the Delaware Superior Court is neither an intuitive nor a simple process. Rather, it is an amalgamation of several steps that are not all found in court rules or in court guidelines. This step-by-step guide was created after many years of “trial and error” and eventual success transferring several cases from the Court of Chancery to Superior Court. We will note from the onset that voluntary transfer was not contested in any of the cases on which this guide is based, and in our experience members of both courts may not always share a unanimous viewpoint on what needs to happen in order to voluntarily transfer a case. Typically, voluntary transfer is an economic decision to avoid wasting time and money responding to a motion to dismiss a Chancery Court complaint based on lack of equitable jurisdiction—even if one does not agree with the motion. This also may require a slightly amended complaint. Nonetheless, the following steps have worked for us.

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