State Court Notice of Appeal — Delaware

NOTICE OF APPEAL TO THE SUPREME COURT OF THE STATE OF DELAWARE

FORM INSTRUCTIONS

Before using this template, confirm the following:

☐ The judgment or order is final and appealable as of right under Del. Supr. Ct. R. 6(a)

☐ The 30-day appeal deadline has not expired (calculated from docket entry of judgment/order)

☐ The $510 nonrefundable filing fee is ready, or an IFP motion will be filed

☐ A copy of the judgment or order being appealed is attached

☐ Transcript designation or waiver statement is included per Rule 9(e)

☐ Counsel is admitted to the Delaware Bar or has filed a motion for pro hac vice admission

I. COURT CAPTION

IN THE SUPREME COURT OF THE STATE OF DELAWARE

[________________________________],          )
                                             )
          Appellant/Cross-Appellee,          )
                                             )    No. ____________, 20____
     v.                                      )
                                             )    Court Below:
[________________________________],          )    [☐ Superior Court / ☐ Court of Chancery /
                                             )     ☐ Family Court / ☐ Court of Common Pleas]
          Appellee/Cross-Appellant.          )
                                             )    C.A. No. [__________________]
                                             )    [____________________] County

II. APPELLANT INFORMATION

III. NOTICE OF APPEAL

PLEASE TAKE NOTICE that [________________________________] ("Appellant"), by and through undersigned counsel, hereby appeals to the Supreme Court of the State of Delaware from the following:

Judgment/Order Appealed From:

This appeal is taken as of right pursuant to:

☐ Del. Supr. Ct. R. 6(a)(i) — final judgment of the Superior Court

☐ Del. Supr. Ct. R. 6(a)(ii) — final judgment of the Court of Chancery

☐ Del. Supr. Ct. R. 6(a)(iii) — final order of the Family Court

☐ Del. Supr. Ct. R. 6(a)(iv) — final judgment of the Court of Common Pleas

☐ Other statutory basis: [________________________________]

A copy of the judgment or order appealed from is attached as Exhibit A, as required by Del. Supr. Ct. R. 7(c). Any separate opinion or letter decision is attached as Exhibit B.

IV. TIMELINESS OF APPEAL

This Notice of Appeal is timely filed in accordance with Del. Supr. Ct. R. 6(a).

Post-trial motions affecting the appeal period:

☐ No post-trial motions were filed.

☐ The following post-trial motions were filed and have been decided:

IMPORTANT: Under Del. Supr. Ct. R. 6(a), the 30-day appeal period runs from the date of docket entry of the judgment or order, NOT from the date of service. The 30-day period cannot be extended by the Court, except in rare circumstances where the Court itself caused the late filing.

V. CROSS-APPEAL NOTICE (If Applicable)

☐ Not applicable — no cross-appeal is being filed.

☐ [________________________________] hereby cross-appeals from the same judgment/order (or from the following portion thereof: [________________________________]).

Under Del. Supr. Ct. R. 6(c), a cross-appeal in a civil case must be filed within 15 days of the opposing party's notice of appeal or within 30 days of the final judgment/order, whichever is later.

VI. ISSUES PRESENTED FOR REVIEW

Appellant intends to raise the following issues on appeal (subject to supplementation in the opening brief pursuant to Del. Supr. Ct. R. 14):

Issue 1: [________________________________]

Standard of Review: ☐ De novo ☐ Abuse of discretion ☐ Substantial evidence ☐ Clearly erroneous

Issue 2: [________________________________]

Standard of Review: ☐ De novo ☐ Abuse of discretion ☐ Substantial evidence ☐ Clearly erroneous

Issue 3: [________________________________]

Standard of Review: ☐ De novo ☐ Abuse of discretion ☐ Substantial evidence ☐ Clearly erroneous

Issue 4: [________________________________]

Standard of Review: ☐ De novo ☐ Abuse of discretion ☐ Substantial evidence ☐ Clearly erroneous

Note: Under Del. Supr. Ct. R. 14(b)(vi)(A)(3), the opening brief must state the applicable standard and scope of review for each issue. Questions of law are reviewed de novo; factual findings are reviewed for clear error (bench trial) or substantial evidence (jury trial); discretionary rulings are reviewed for abuse of discretion.

VII. TRANSCRIPT DESIGNATION (Del. Supr. Ct. R. 9(e))

Appellant makes the following designation regarding the transcript of proceedings:

☐ Full Transcript Requested: Appellant designates the entire transcript of proceedings below for inclusion in the record on appeal.

☐ Partial Transcript Requested: Appellant designates the following portions of the proceedings for transcription:

☐ No Transcript Needed: Appellant states that no transcript need be ordered because [________________________________].

IMPORTANT: Under Del. Supr. Ct. R. 9(e), within 7 days of filing this Notice of Appeal, counsel must file with the Clerk of the Supreme Court a certificate confirming that (1) a copy of the notice of appeal has been served on the court reporter, and (2) the cost of the transcript has been paid. Failure to comply may result in dismissal of the appeal.

Court Reporter Contact Information:

VIII. FILING FEE AND IN FORMA PAUPERIS STATUS

☐ The $510 nonrefundable filing fee has been paid contemporaneously with this filing.

☐ Appellant has filed or will file a Motion to Proceed In Forma Pauperis. (Attach supporting affidavit of financial hardship.)

☐ No filing fee is required. (Appeals from Industrial Accident Board or Unemployment Insurance Appeal Board decisions are exempt.)

IX. STAY PENDING APPEAL / SUPERSEDEAS (Del. Supr. Ct. R. 32)

☐ No stay of the judgment/order is being sought at this time.

☐ Appellant intends to seek a stay of the judgment/order pending appeal and will file a motion under Del. Supr. Ct. R. 32 in the trial court.

☐ Appellant has already obtained a stay from the trial court. (Attach a copy of the stay order.)

Practice Note: Under Del. Supr. Ct. R. 32, a stay pending appeal requires the posting of sufficient security. The amount must be sufficient to cover the judgment amount, interest, and court costs. Security may take the form of a supersedeas bond, letter of credit, cash deposit, or other court-approved instrument. A motion for stay must first be made in the trial court; only after denial or inadequate relief may the Supreme Court be petitioned under Rule 32.

X. INTERLOCUTORY APPEAL CERTIFICATION (Del. Supr. Ct. R. 42)

☐ Not applicable — this appeal is from a final judgment or order.

☐ This is an interlocutory appeal. The trial court has certified the interlocutory order for appeal under Del. Supr. Ct. R. 42, and Appellant has filed or will file an application for acceptance of the interlocutory appeal.

Interlocutory Appeal Requirements under Rule 42:
- The trial court must first certify that the interlocutory order involves a question of law resolved for the first time, or the certification is otherwise appropriate.
- The application to the Supreme Court must be filed within 30 days of the certification order.
- The Supreme Court has complete discretion whether to accept an interlocutory appeal.
- The criteria include: (1) the order determines a substantial issue; (2) the order establishes a legal right; (3) an immediate appeal may terminate the litigation; or (4) review of the order may otherwise serve considerations of justice.

XI. E-FILING COMPLIANCE (Del. Supr. Ct. R. 10.1–10.2)

☐ This Notice of Appeal is being filed electronically pursuant to Del. Supr. Ct. R. 10.1.

☐ This Notice of Appeal is being filed in paper form. (Explain why e-filing is not available: [________________________________])

E-Filing Requirements: All appeals of cases subject to e-filing in the trial court must be e-filed in the Supreme Court. Electronic filings in non-expedited matters (except initial notices of appeal) must be completed by 5:00 p.m. Eastern Time to be deemed filed that day. See Del. Supr. Ct. R. 10.2.

XII. ANTICIPATED BRIEFING SCHEDULE

Under Del. Supr. Ct. R. 15, the anticipated schedule (subject to the Court's scheduling order) is:

Brief Length Limits (R. 14(d)): Opening and answering briefs may not exceed 10,000 words (or 35 pages). Reply briefs may not exceed 5,500 words (or 20 pages). A Certificate of Compliance with word-count limitations must accompany each brief.

XIII. RELIEF REQUESTED

Appellant respectfully requests that the Supreme Court of the State of Delaware:

1. Reverse, vacate, or modify the judgment/order of the [________________________________] Court entered on [__/__/____];

2. Remand this matter to the trial court with instructions as the Court deems appropriate;

3. Award Appellant costs on appeal; and

4. Grant such other and further relief as justice may require.

XIV. SIGNATURE BLOCK

Respectfully submitted,

Dated: [__/__/____]


_______________________________________________
[________________________________]
Delaware Bar No. [________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

Counsel for Appellant [________________________________]

XV. CERTIFICATE OF SERVICE (Del. Supr. Ct. R. 7)

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing NOTICE OF APPEAL, together with all attachments, to be served upon the following parties:

Service on Opposing Counsel:

Service on Trial Court Clerk:

Service on Court Reporter (Rule 9(e)):

_______________________________________________
[________________________________]
Delaware Bar No. [________]

Date: [__/__/____]

XVI. REQUIRED ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of the judgment/order appealed from

☐ Exhibit B — Separate opinion or letter decision (if any)

☐ Filing fee payment ($510) or Motion to Proceed In Forma Pauperis

☐ Proof of service (included above)

☐ Certificate re: transcript (to be filed within 7 days per Rule 9(e))

☐ Interlocutory appeal certification order (if applicable, Rule 42)

☐ Stay/supersedeas motion (if applicable, Rule 32)

XVII. PRACTICE TIPS AND COMMON PITFALLS

A. Deadline Calculation

• The 30-day period is jurisdictional and cannot be extended. Calculate from the date the judgment or order is entered on the docket, not from the date of the hearing, the date the opinion was issued, or the date of service.
• If the 30th day falls on a weekend or legal holiday, the deadline is extended to the next business day under Del. Supr. Ct. R. 11.
• Filing is complete only when received by the Clerk's Office — a mailing postmark is NOT sufficient (except for self-represented inmates in criminal cases under the prison mailbox rule, 10 Del. C. § 147, effective May 22, 2025).

B. Transcript Certificate

• The 7-day deadline to file the certificate confirming service on the court reporter and payment of transcript costs is strictly enforced. Failure to comply can result in sanctions or dismissal.

C. Appeals from Court of Chancery

• Appeals from the Court of Chancery follow the same 30-day period under Del. Supr. Ct. R. 6(a). Equity matters reviewed on appeal are subject to the same de novo standard for legal conclusions and clearly erroneous standard for factual findings.

D. Interlocutory Appeals

• Interlocutory appeals are discretionary and disfavored. The trial court must first certify the order, and the Supreme Court must then accept the appeal. Applications must be filed within 30 days of certification.
• The criteria under Rule 42 are narrow. The interlocutory order must present a question of law not previously decided, or the appeal must serve considerations of justice.

E. Record Preservation

• Ensure all objections and legal arguments were raised and preserved in the trial court. The Supreme Court generally will not consider issues raised for the first time on appeal. See Supr. Ct. R. 8 (plain error review available only in limited circumstances).

F. Multiple Parties

• If multiple parties are involved, each appealing party must file a separate notice of appeal or be specifically named as a joint appellant. Cross-appeals must be separately filed within the applicable deadline under Rule 6(c).

G. Bond and Stay Considerations

• A stay of a money judgment typically requires posting security equal to the judgment amount plus estimated interest and costs. Consult with a surety company or the Clerk regarding acceptable forms of security.
• The trial court should be petitioned first. Only after denial or inadequate relief should a motion be directed to the Supreme Court.

XVIII. SOURCES AND REFERENCES

• Delaware Supreme Court Rules
• Filing an Appeal in the Delaware Supreme Court — Citizen's Guide
• Delaware Supreme Court E-Filing Information
• How and Where to File an Appeal
• Supreme Court Case Scheduling FAQs
• Del. Supr. Ct. R. 3, 6, 7, 9, 10.1, 10.2, 13, 14, 15, 32, 42
• 10 Del. C. §§ 146, 147, 161