City of Monroe Employees’ Retirement System v. Capps, C.A. No. 7788-CS, Order (Del. Ch. Sept. 29, 2012).

Practice Tip Regarding Requests for Extensions in Chancery

The above linked order, with annotations, denied a request for an extension of the due date for filing a brief in an expedited matter.  The annotations from the court at the end of the order provide a practice tip to practitioners in the Court of Chancery.  One takeaway from the comments by the court are that a request for an extension of time to file a brief should not be filed at the very last minute, and in addition, one should not assume that the motion for an extension will be granted.  Therefore, the deadlines in effect should be met unless and until an extension is approved.