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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Delaware Courts Issue Standing Orders Addressing Coronavirus Concerns

Over the last several days, the Delaware Supreme Court, the Court of Chancery and the Superior Court have entered orders concerning COVID-19 precautionary measures (the “Orders”). Each Order indicates it is being entered in light of U.S. government and regulatory determinations that the novel coronavirus presents a public health threat, as well as a recent Delaware Supreme Court statement that persons who may be experiencing symptoms and who have a court date scheduled should notify the appropriate parties. The Court of Chancery’s and Superior Court’s Orders indicate that each Court will conduct proceedings telephonically when practical and efficient. Where it is not efficient to proceed telephonically and a trial or hearing would involve the presence of a person who may have recently been exposed to an infected person, the parties are ordered to confer promptly and then file a joint letter or joint motion indicating the parties' agreements and any areas of disagreement. Among other things, the parties are to consider whether it may be appropriate to use videoconferencing, whether an alternate person (e.g., another attorney or witness) is available, and whether a continuance is appropriate. The Supreme Court’s Order similarly requires parties to confer when an argument may involve the presence of a recently exposed person and to advise the Court concerning any agreements or areas of disagreement. 

Referenced Court Orders: 

Delaware Supreme Court 

Delaware Court of Chancery 

Delaware Superior Court