Under the recently enacted Court of Chancery Rule 5.1,
the Court of Chancery has set forth a new procedure for the filing
of complaints under seal. For a previous post concerning Rule 5.1,
click here. Under the previous rule, a party seeking to file a
complaint under seal was required to contemporaneously file a
motion to seal to accompany such pleading.
Now, under Rule 5.1(e), such a motion is no longer required.
Instead, the filing party can file the complaint under seal,
provided that a confidential cover page is included, along with a
confidential footer. Moreover, the filing party is required to
provide a notice to "each person who could have a legitimate
interest in designating information" as confidential
information on the same day as the filing of the complaint. Such
notice must also include a proposed redacted version of the
complaint, a copy of Rule 5.1, and a statement that if no
redactions are provided by 3:00 p.m. on the third day after the
filing,
