In Bryant v. Bayhealth Medical Center, Inc., (Del. Supr., Oct. 18, 2007), read opinion here, the Delaware Supreme Court decided two procedural issues of practical importance to lawyers engaging in business litigation. First, where the statute of limitations expired on May 1, and on that date a paper copy of a complaint was filed with the court instead of having it eFiled as required, the Supreme Court held that the statutory deadline was tolled by the paper filing in light of the eFiling occuring the next day. This was so even though the Superior Court rule of civil procedure required a suit to be commenced by both a complaint and a praecipe, unlike the applicable Chancery Court rule and unlike the applicable Federal Rule of Civil Procedure. In addition, in this reversal of the Superior Court’s grant of summary judgment, the Supreme Court reasoned that Rule 36 cannot be used to decide ultimate legal issues in the case when by failing to reply withing the 30 day deadline, matters subject to a request  for admission under Rule 36 are deemed admitted.