The Delaware Court of Chancery recently announced revised guidelines for persons litigating in the court (the Revised Guidelines). These updates are required reading for Chancery litigators. As the press release from the court explains, the revised guidelines include practice tips on remote courtroom proceedings—a necessary consequence of the pandemic that will likely remain a permanent feature of Chancery practice to some degree. This article highlights selected notable updates in the Revised Guidelines.

A new section titled “Expectations for Remote Hearings and Trials” provides protocols for this new form of advocacy in the Court of Chancery. See Revised Guidelines Section B. Some especially noteworthy updates include the following:

  • Evidentiary hearings and trials conducted remotely enjoy their own unique best practices;
  • The recording of remote hearings and trials is prohibited;
  • Parties must join the conference call or videoconference early enough to confirm that there are no technical issues;
  • Parties are required to provide courtesy copies of filings to the court, just as with an in-person hearing or trial;
  • Courtroom attire is required for videoconferences;
  • Side conversations are prohibited during remote hearings and trials; and
  • During videoconferences “reactive facial expressions are inappropriate.”

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