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DE State GuideExhibit Requirements

Don't Let Your Delaware Exhibits Get Rejected

Get the complete Delaware exhibit requirements checklist. Know exactly what Del. Super. Ct. Civ. R. 16 requires before your filing deadline.

Key facts at a glance
  • Exhibit exchange deadlines in Delaware are set per scheduling order.
  • Exhibit practice in Delaware centers on the Delaware Superior Court and Court of Chancery.
  • Delaware's e-filing file-size limit: not published — confirm with the court.
  • New Castle County (Wilmington): Court of Chancery headquarters.
  • Kent County: State capital (Dover).
  • Delaware's exhibit procedure is governed by Del. Super. Ct. Civ. R. 16.
  • A common Delaware exhibit-filing mistake: not understanding Masters in Chancery role.

Free Delaware Exhibit Guide

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Court-rule updates and exhibit-prep tips, by state

Every year, Delaware courts reject exhibits for:

  • Wrong marking convention
  • Missing electronic bookmarks
  • Non-compliant file formats

This guide prevents those mistakes.

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Court-compliant formats

Quick Reference

Plaintiff MarkingExhibits are pre-marked as directed by the judge's trial scheduling order. A PX-1/PTX-1 style is common, but no Delaware Superior Court or Chancery rule prescribes any prefix.
Defendant MarkingDefendant's exhibits are likewise pre-marked as the trial order directs; DX-1/DTX-1 is common practice rather than a rule requirement.
E-FilingFile & ServeXpress
File Size LimitNot published — confirm with the court
Primary RuleDel. Super. Ct. Civ. R. 16

These conventions reflect common practice but have not been independently verified with the court — confirm with your clerk before filing.

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Note: This guide provides general information, not legal advice. Court rules change, and local variations exist. Always verify current requirements with the specific court where you are filing.

Two Ways to Prepare Delaware Exhibits

Manual Stamping

  • 2+ hours for 50 documents
  • Error-prone labeling
  • No batch processing
  • Hope you followed Del. Super. Ct. Civ. R. 16

With ExhibitPrep

  • 15 minutes for 50 documents
  • Delaware-compliant templates
  • One-click batch stamping
  • Follows Del. Super. Ct. Civ. R. 16 automatically

About Delaware Exhibit Requirements

Delaware is renowned for its Court of Chancery and business-friendly courts. File & ServeXpress is used for e-filing. The Court of Chancery handles corporate governance matters while Superior Court handles most civil cases.

Court rules and e-filing requirements change frequently. Verify current requirements with your local court clerk or official court website before filing. This content is for general reference only and does not constitute legal advice.

What's in the Guide

  • Complete Delaware exhibit marking requirements
  • File & ServeXpress e-filing procedures and technical requirements
  • County-specific rules for New Castle County (Wilmington)
  • Statewide e-filing system guide (File & ServeXpress)
  • Superior Court exhibit requirements across 3 counties
  • File size limits and PDF formatting rules (check the portal for the current cap)
  • Exchange deadlines per scheduling order
  • Del. Super. Ct. Civ. R. 16 citations and pre-trial requirements

County-Specific Rules Covered

New Castle County (Wilmington)

  • Court of Chancery headquarters
  • Corporate litigation center

Kent County

  • State capital (Dover)
  • Government-related cases

Pro Tips Included

  • Understand distinction between Chancery and Superior Court
  • Court of Chancery for corporate/M&A matters
  • Register for File & ServeXpress
  • Consider Complex Commercial Litigation Division

Common Mistakes to Avoid

  • 1.Filing in wrong court (Chancery vs. Superior)
  • 2.Missing expedited proceeding deadlines in Chancery
  • 3.Not understanding Masters in Chancery role
  • 4.Using generic P-/D- exhibit labels instead of Delaware's PX-/DX- convention

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Delaware Exhibit FAQs

What are the Delaware exhibit marking requirements?

Delaware courts require exhibits to be marked with party prefix and sequential numbering. Plaintiffs use PX-1, PX-2, PX-3 format and defendants use DX-1, DX-2, DX-3 format. Exhibit lists must be provided at the pre-trial conference per Del. Super. Ct. Civ. R. 16, with exchange deadlines set by scheduling order.

Does Delaware require e-filing for exhibits?

Yes, Delaware uses File & ServeXpress for statewide e-filing. Superior Court and the Court of Chancery across all 3 counties require electronic filing of trial exhibits through the File & ServeXpress portal at courts.delaware.gov/efiling. No statewide per-document file-size limit is published — check the portal for the current cap before filing.

What is the exhibit exchange deadline in Delaware?

Under Del. Super. Ct. Civ. R. 16, exhibit exchange deadlines are set by the scheduling order at the pre-trial conference. The exact deadline varies by county and judge. Follow your specific scheduling order deadlines carefully.

Are there special exhibit rules for New Castle County courts?

Yes, New Castle County (Wilmington) handles the majority of Delaware cases, including nearly all Court of Chancery matters, and the Complex Commercial Litigation Division of Superior Court hears large business disputes there. Both courts file through File & ServeXpress. Register early and check the applicable court's local rules, since Chancery and Superior Court procedures differ.

What is the role of Masters in Chancery in exhibit disputes?

Masters in Chancery are judicial officers who handle discovery disputes and other pre-trial matters in the Court of Chancery, including disagreements over exhibit authenticity or production. Referring a dispute to a Master can resolve exhibit-related discovery issues faster than waiting for a Vice Chancellor's calendar, particularly in expedited proceedings.

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Nearby Jurisdictions

Practicing in multiple states? Check requirements for neighboring jurisdictions.