Form CM229, Preliminary Order for Petition to Enjoin or Require Healthcare Decision-Making – Delaware

Form CM229, Preliminary Order for Petition to Enjoin or Require Healthcare Decision-Making, is a court order of the Delaware Court of Chancery. It states that the Petition has been read and considered and schedules the hearing on it, with the notice and filing deadlines that follow from the hearing date.

The order is captioned "In the matter of" the person called the "Principal" and carries a C.M. number. It is signed by a Magistrate in Chancery. Its heading reads "Preliminary Order to Schedule the Hearing for a Petition", so it is the scheduling step, not a decision on the Petition itself.

Its four numbered paragraphs set out what happens next:

• Paragraph 1: the hearing date and time. The hearing is on the Zoom platform, instructions come separately by e-mail, and only interested parties may attend.
• Paragraph 2: at least thirteen (13) days before the hearing, the petitioner(s) send a copy of the order and a notice to each interested party who did not sign a Waiver of Notice and Consent.
• Paragraph 3: proof of mailing is filed at the Register in Chancery's Office no later than two (2) days before the hearing.
• Paragraph 4: any party who wishes to respond or object, including the Principal and the Agent (as defined in the Petition), files at least one week before the hearing.

The form is issued by the Delaware Courts for the Court of Chancery. It does not contain the Petition, and it is not the Waiver of Notice and Consent mentioned in paragraph 2.

The form is used in a case in the Court of Chancery that begins with a Petition to Enjoin or Require Healthcare Decision-Making. The order is issued once the Court has read and considered that Petition, and it is signed by a Magistrate in Chancery.

Those the order speaks to are:

• Petitioner(s): they must send the order and notice to each interested party who did not sign a Waiver of Notice and Consent, and file proof of mailing.
• The Principal and the Agent (as defined in the Petition): each must file a response or objection at least one week before the hearing if they wish to respond or object.
• Other interested parties and interested persons: only interested parties may attend the Zoom hearing, and an interested person who wishes to be heard must file a written response or objection with the Court of Chancery no later than one week before the hearing.

Interested parties who signed a Waiver of Notice and Consent do not have to be mailed the order and notice under paragraph 2. The form does not say who may complete the blanks; it is signed by the Magistrate in Chancery.

The order is issued after the Petition to Enjoin or Require Healthcare Decision-Making has been filed and the Court has read and considered it. Once the hearing date is set, every other deadline runs backward from that date:

• At least thirteen (13) days before the hearing: the petitioner(s) mail the order and notice to each interested party who did not sign a Waiver of Notice and Consent.
• One week before the hearing: the last day for any response or objection. If none is filed, the Petition may be treated as unopposed.
• Two (2) days before the hearing: the last day to file proof of mailing at the Register in Chancery's Office.

The form prints no separate due date of its own for the order itself.

Form CM229 is an order of the Court, and the form names no channel for submitting it. The filings it requires go to the Court of Chancery as follows:

• Proof of mailing: file it at the Register in Chancery's Office no later than two (2) days before the hearing. It covers the notice(s) mailed to interested parties.
• Notice to interested parties: send a copy of the order and notice by registered mail, certified mail, or any other courier service that provides real time tracking of delivery. The notice must state the time and purpose of the hearing.
• Responses or objections: file them in writing with the Court of Chancery at least one week before the hearing.
• The hearing: it is held on the Zoom platform, and instructions are provided separately by e-mail.

The form gives no street address, portal or fee information; check the Delaware Courts' forms page at courts.delaware.gov for the Court of Chancery's filing details. FillingPDF lets you fill out and download the PDF; submission follows the channels above.