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HB 227

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO AUDIO RECORDING OF PROCEEDINGS IN THE COURT OF CHANCERY.

153rd General Assembly (2025-2026) Introduced by Brian Pettyjohn and 1 co-sponsor

Delaware bill HB 227 would authorize audio recording of Court of Chancery proceedings to increase transparency in the state's prominent business court.

Introduced and Assigned to Judiciary Committee in House
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Bill Summary · HB 227

Legislative bill overview

HB 227 proposes amendments to Delaware Code Title 10 to permit audio recording of proceedings in the Court of Chancery, which currently operates under restrictions on such recordings. The bill would modify existing procedures governing how Court of Chancery proceedings are documented and made accessible to the public and interested parties.

Why is this important

Delaware's Court of Chancery is one of the nation's most influential business courts, handling complex corporate litigation, mergers, and disputes that set precedent for national commerce. Currently restricting audio recordings limits public transparency and access to these high-stakes proceedings, while audio recording could improve judicial transparency and provide better documentation for appellate review and legal education purposes.

Potential points of contention

  • Judicial discretion vs. mandatory recording: Whether courts should have discretion to deny recordings in sensitive cases (trade secrets, personal information) versus a blanket recording policy
  • Transcript access and cost: Who bears the expense of producing official transcripts from audio recordings and whether recordings alone sufficiently replace court reporters
  • Privacy and confidentiality concerns: Whether audio recordings adequately protect confidential business information, sealed documents, and settlement discussions that parties may not want publicly disseminated
  • Precedent implications: How audio recordings might affect Delaware's competitive advantage as a business court if parties worry about public exposure of sensitive litigation strategies

Compiled from official sources — confirm details with the bill’s official record.

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