Wilmington, Del. (August 10, 2021) - Delaware has two separate trial courts – the Superior Court, which is a trial court of general jurisdiction, and the Court of Chancery, which has limited equitable jurisdiction. The Court of Chancery often covers corporate and complex commercial disputes. Notably, Delaware does not have an intermediate appeal court. A ruling from either trial court is directly appealed to the Delaware Supreme Court, as a matter of right.
This streamlined process was substantially slowed in March 2020, due to the pandemic and the series of orders implementing a judicial emergency during COVID-19. However, on June 29, 2021, Chief Justice Collins J. Seitz, Jr, of the Delaware Supreme Court signed what is hoped to be the final order extending the judicial emergency.
As of July 13, 2021, the Delaware judiciary has:
- Restored normal court rules and procedures;
- Dropped the mask mandate for all fully vaccinated individuals;
- Authorized the return to 100% judicial staffing; and
- Restored speedy trial guidelines, along with special rules addressing cases delayed by the COVID.
In addition to these sweeping changes, the Delaware courts have also resumed in-person jury trials.
One of the many procedural changes implemented due to COVID-19 has been the suspension of the Delaware Supreme Court's requirement for sworn or notarized declarations, verifications, certificates, statements, oaths, or affidavits. In an order issued by the Court of Chancery on July 12, 2021, this suspension was extended until September 30, 2021.
Finally, in line with the state judiciary's decision, the United States District Court for the District of Delaware has similarly eliminated the mask mandate for fully vaccinated individuals in public areas of the court. Each individual judge retains the discretion to impose mask requirements in their initial courtrooms. Jury trials resumed as of April 5, 2021, at the discretion of each district judge.
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