NOTICE OF APPEARANCE

Delaware State Courts

COURT SELECTION

Select the appropriate Delaware court for this filing:

☐ Superior Court of the State of Delaware
☐ Court of Chancery of the State of Delaware
☐ Court of Common Pleas of the State of Delaware
☐ Family Court of the State of Delaware
☐ Justice of the Peace Court

County:

☐ New Castle County
☐ Kent County
☐ Sussex County

SECTION 1: COURT HEADER AND CAPTION

Option A: Superior Court Caption

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

[________________________________],
Plaintiff,

v. C.A. No. [________________________________]

[________________________________],
Defendant.

Option B: Court of Chancery Caption

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

[________________________________],
Plaintiff,

v. C.A. No. [________________________________]

[________________________________],
Defendant.

Option C: Complex Commercial Litigation Division (CCLD)

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY

[________________________________],
Plaintiff,

v. C.A. No. [____]-[____]-[____] [____] CCLD

[________________________________],
Defendant.
Note: CCLD matters are heard exclusively in New Castle County. Include the assigned judge's initials in the case number (e.g., "N23C-01-123 AML CCLD").

SECTION 2: TITLE

NOTICE OF APPEARANCE OF COUNSEL FOR [________________________________]

SECTION 3: TYPE OF APPEARANCE

Select the type of appearance being entered:

☐ General Appearance -- Full representation in all aspects of this matter
☐ Limited Appearance -- Appearance for specified proceedings or issues only (see Section 8)
☐ Special Appearance -- Appearance solely to contest personal jurisdiction under Del. Super. Ct. Civ. R. 12(b)(2) or Del. Ch. Ct. R. 12(b)(2)
☐ Substitution of Counsel -- Replacement of prior counsel of record (see Section 9)

SECTION 4: ENTRY OF APPEARANCE STATEMENT

For General Appearance:

PLEASE TAKE NOTICE that [________________________________] (Delaware Bar I.D. No. [________________________________]) of the firm [________________________________] hereby enters an appearance on behalf of [________________________________] ("Client"), the [________________________________] [Plaintiff/Defendant/Third-Party Defendant/Intervenor] in the above-captioned action, pursuant to [Superior Court Civil Rule 5 and Rule 11 / Court of Chancery Rule 5].

All pleadings, motions, notices, orders, and other papers in this matter shall be served upon the undersigned at the address and electronic contact information set forth below.

For Special Appearance:

PLEASE TAKE NOTICE that [________________________________] (Delaware Bar I.D. No. [________________________________]) of the firm [________________________________] hereby enters a special appearance on behalf of [________________________________] ("Client") solely for the purpose of contesting personal jurisdiction over the Client pursuant to Del. [Super. Ct. / Ch. Ct.] Civ. R. 12(b)(2). This special appearance shall not constitute a general appearance or a waiver of any jurisdictional defense.

SECTION 5: ATTORNEY INFORMATION

Attorney Name: [________________________________]
Delaware Bar I.D.: [________________________________]
Firm Name: [________________________________]
Street Address: [________________________________]
[________________________________]
City, State, ZIP: [________________________________], Delaware [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Additional Attorneys Entering Appearance (if applicable):

Attorney Name: [________________________________]
Delaware Bar I.D.: [________________________________]
Email: [________________________________]

Attorney Name: [________________________________]
Delaware Bar I.D.: [________________________________]
Email: [________________________________]

SECTION 6: ELECTRONIC FILING AND SERVICE

A. File & ServeXpress Electronic Filing

The undersigned attorney acknowledges that this matter is subject to electronic filing through File & ServeXpress, as required by [Administrative Directive 2008-2 (Superior Court) / the Court of Chancery e-filing mandate].

☐ All attorneys listed in the Entry of Appearance have been loaded into File & ServeXpress
☐ The undersigned has confirmed the correct case number and filing codes in File & ServeXpress

B. Consent to Electronic Service

Pursuant to [Del. Super. Ct. Civ. R. 5(b) / Del. Ch. Ct. R. 5], the undersigned:

☐ Consents to electronic service through File & ServeXpress. All documents may be served electronically at the email address(es) listed above.
☐ Declines electronic service. Service must be made by traditional means in accordance with the applicable rules.

C. Designated Email Address(es) for E-Service

Primary e-service email: [________________________________]
Secondary e-service email: [________________________________]

SECTION 7: PRO HAC VICE ADMISSION

Complete this section only if counsel is not a member of the Delaware Bar.

A. Pro Hac Vice Application Status

☐ A Motion for Admission Pro Hac Vice pursuant to Delaware Supreme Court Rule 71 is being filed simultaneously with this Notice of Appearance
☐ An Order granting admission pro hac vice was entered on [__/__/____]
☐ Not applicable -- all counsel are members of the Delaware Bar

B. Pro Hac Vice Attorney Information

Out-of-State Attorney Name: [________________________________]
Bar Admission(s): [________________________________] (Bar No. [____])
[________________________________] (Bar No. [____])
Good Standing: ☐ Yes ☐ Certificate of Good Standing attached

C. Pro Hac Vice Requirements Under Rule 71

The pro hac vice applicant certifies the following:

☐ The applicant is a member in good standing of the bar of at least one other state or territory of the United States or the District of Columbia
☐ The applicant agrees to be bound by the Delaware Lawyers' Rules of Professional Conduct
☐ The applicant shall be bound by all rules of this Court
☐ The applicant has reviewed the Delaware State Bar Association's Statement of Principles of Lawyer Conduct
☐ The applicant consents to the appointment of the [Register in Chancery / Prothonotary] as agent for service of process for all actions arising from practice of law in Delaware
☐ The applicant has disclosed all Delaware court actions in which applicant appeared in the preceding 12 months: [________________________________]
☐ The $407 pro hac vice application fee payable to the Delaware Supreme Court is enclosed or has been paid

D. Delaware Sponsoring Counsel

Delaware sponsoring counsel must be an active member of the Delaware Bar who maintains an office in Delaware for the practice of law:

Delaware Counsel Name: [________________________________]
Delaware Bar I.D. No.: [________________________________]
Firm Name: [________________________________]
Delaware Office Address: [________________________________]
[________________________________], Delaware [____]
Telephone: [________________________________]
Email: [________________________________]
Note: Delaware Counsel shall appear in the action, sign or receive service of all notices, orders, pleadings, and other papers filed, and is responsible for ensuring compliance with all court rules. All papers filed with the court must be signed by Delaware counsel.

SECTION 8: LIMITED APPEARANCE

Complete this section only if entering a limited appearance.

A. Scope of Limited Appearance

The undersigned enters this appearance solely for the following limited purpose(s):

☐ Motion practice limited to: [________________________________]
☐ Discovery proceedings
☐ Specific hearing on [__/__/____] regarding: [________________________________]
☐ Trial only
☐ Appeal only
☐ Other (specify): [________________________________]

B. Anticipated Duration

This limited appearance is expected to conclude on or about [__/__/____] or upon resolution of the following matter: [________________________________].

C. Client Acknowledgment

☐ Client has been informed in writing that this is a limited appearance and understands that the undersigned attorney will not represent the client in all aspects of this case

SECTION 9: SUBSTITUTION OF COUNSEL

Complete this section only if this appearance constitutes a substitution of prior counsel.

☐ Prior counsel [________________________________] (Delaware Bar I.D. No. [________________________________]) of [________________________________] has consented to the substitution
☐ A Motion to Withdraw is being filed simultaneously by prior counsel
☐ Prior counsel's withdrawal was granted by Order dated [__/__/____]

SECTION 10: SIGNATURE BLOCK

Dated: [__/__/____]

[________________________________]
(Firm Name)

By: ________________________________________
[________________________________]
Delaware Bar I.D. No. [________________________________]
[________________________________]
[________________________________], Delaware [____]
Telephone: [________________________________]
Email: [________________________________]

Attorney for [________________________________]

SECTION 11: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all counsel of record and unrepresented parties via the method(s) indicated below, in accordance with [Del. Super. Ct. Civ. R. 5(b) / Del. Ch. Ct. R. 5]:

________________________________________
[________________________________]
Delaware Bar I.D. No. [________________________________]

SECTION 12: E-FILING INSTRUCTIONS

A. Superior Court E-Filing (File & ServeXpress)

1. Log in to File & ServeXpress at www.fileandserve.com
2. Select "Delaware" as the jurisdiction and locate the correct case number
3. Choose filing code "Entry of Appearance" or "Notice of Appearance"
4. Upload the signed Notice of Appearance as the lead document (PDF format)
5. Add all attorneys from the signature block to the service list within File & ServeXpress
6. Verify the correct county: New Castle, Kent, or Sussex
7. Submit the filing and retain the confirmation receipt
8. For CCLD cases, verify the assigned judge designation in the case number

B. Court of Chancery E-Filing (File & ServeXpress)

1. Log in to File & ServeXpress at www.fileandserve.com
2. Select "Court of Chancery" and locate the correct C.A. number
3. Per Rule 5(aa), an Entry of Appearance must be filed unless a responsive pleading (Answer, Motion to Dismiss, or Stipulation extending time) is being filed simultaneously
4. All attorneys listed in the Entry of Appearance signature block must be loaded to File & ServeXpress
5. Upload the signed document in PDF format
6. Complete the service transaction to all parties of record
7. Retain the File & ServeXpress confirmation receipt

C. Filing Fees

• Standard civil filing fees vary by court and case type; confirm with the applicable Prothonotary or Register in Chancery
• Pro hac vice application fee: $407 payable to the Delaware Supreme Court (renewable annually on January 1 for continuing cases)

SECTION 13: PRACTITIONER NOTES -- DELAWARE-SPECIFIC

A. Court System Overview

Delaware has a unique court structure relevant to notice of appearance filings:

• Superior Court: General jurisdiction trial court for civil and criminal matters. Three counties: New Castle, Kent, Sussex.
• Court of Chancery: Equity court with jurisdiction over corporate governance, fiduciary disputes, trusts, commercial transactions, and other equity matters. No jury trials. Highly specialized bench.
• Complex Commercial Litigation Division (CCLD): A division within Superior Court (New Castle County) for complex business disputes involving damages claims. Heard by specially designated judges.
• Court of Common Pleas: Limited jurisdiction civil matters (claims up to $75,000).

B. Key Practice Points

1. Delaware Bar I.D. Required: Every attorney entering an appearance must have a Delaware Bar I.D. number. Out-of-state attorneys must associate with Delaware counsel and obtain pro hac vice admission under Supreme Court Rule 71.
2. Mandatory E-Filing: File & ServeXpress is mandatory for Superior Court, Court of Chancery, Supreme Court, and other courts per applicable Administrative Directives.
3. Court of Chancery Rule 5(aa): An Entry of Appearance must be filed unless a responsive pleading is filed simultaneously. Failure to enter an appearance may result in default.
4. Annual Pro Hac Vice Renewal: If a case in which pro hac vice admission was granted continues into a subsequent calendar year, the $407 assessment must be renewed and paid by January 1 of each subsequent year.
5. CCLD Designation: Complex Commercial Litigation Division matters require the judge's initials and "CCLD" designation in the case caption. Cases are assigned to designated CCLD judges in New Castle County only.
6. Service Proof: Retain all File & ServeXpress proof-of-service receipts. In the event of a service dispute, courts require documentary evidence of electronic service completion.

C. Withdrawal of Appearance

• An attorney seeking to withdraw must file a motion with the court and obtain leave of court before cessation of representation.
• The motion must demonstrate that withdrawal will not prejudice the client or delay the proceedings.
• If substitution of counsel is occurring, file the new Notice of Appearance simultaneously with the motion to withdraw.

D. Local Practice Variations

• New Castle County: The busiest jurisdiction. CCLD cases are exclusively in New Castle County. Confirm any standing orders of the assigned judge regarding courtesy copies and scheduling.
• Kent County: Located in Dover. Smaller docket. Confirm any county-specific standing orders with the Prothonotary.
• Sussex County: Located in Georgetown. Confirm local practice requirements with the Prothonotary, particularly for real estate and environmental matters.

This template is designed for use in Delaware state courts. For the United States District Court for the District of Delaware (federal court), different rules and procedures apply. Consult the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware.