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Delaware Notice of Appeal

A Delaware civil appeal is filed with the Clerk of the Supreme Court, not the Superior Court that entered the judgment, because Delaware has no intermediate appellate court.

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Introduction

In Delaware, a notice of appeal from a final civil judgment must be filed within 30 days after entry upon the docket of the judgment, order, or decree appealed from, not from service or mailing of the judgment (Del. Sup. Ct. R. 6(a)(i)). Rule 6(a)(i) itself excepts appeals controlled by 10 Del. C. Section 146, which runs the clock from the ceasing of a disability for an infant or mentally incompetent party who was not represented below by a guardian or trustee. Delaware Supreme Court Rule 11(b) states that the time for taking an appeal shall not be enlarged, so this deadline generally cannot be extended. Delaware departs from most states on where the notice goes: it is served in duplicate on an attorney of record for each other party, and only then filed with the Clerk of the Supreme Court of the State of Delaware, not the Superior Court clerk who entered the judgment (Del. Sup. Ct. R. 7(a)). The Clerk of the Supreme Court forwards a duplicate down to the trial court. Delaware has no intermediate appellate court, so every civil appeal from the Superior Court goes directly to the Supreme Court of Delaware. The notice must substantially comply with Official Forms A and B of the Delaware Supreme Court Rules, and those official forms control (Rule 7(c)(7)), and filing costs a $500 nonrefundable fee plus a $10 Court Security Assessment, $510 total, payable to the Clerk of the Supreme Court (Sup. Ct. R. 20(a); confirm the current fee with the clerk). Filing the notice does not by itself stop collection of the judgment: a stay requires a separate motion filed first in the Superior Court and approval of sufficient security, ordinarily a supersedeas bond (Sup. Ct. R. 32(a), (c)). A Justice of the Peace Court civil judgment in a debt action is not appealed by this notice at all; it is retried from scratch in the Court of Common Pleas within a much shorter 15-day window (10 Del. C. Section 9571(b)). For other Justice of the Peace Court actions, check the governing appeal statute. An appeal to the Delaware Supreme Court reviews the Superior Court record for legal error; it is not a new trial. This page covers a civil appeal from a Superior Court final judgment. Criminal, administrative agency, federal court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due within 30 days after entry upon the docket of the judgment, order, or decree, not from service or mailing (Del. Sup. Ct. R. 6(a)(i)). Rule 11(b) states the time for taking an appeal shall not be enlarged, so this deadline generally cannot be extended. Rule 6(a)(i) itself excepts appeals controlled by 10 Del. C. Section 146, for an infant or incompetent party not represented below by a guardian, which runs the clock from the ceasing of the disability.

  2. 2

    File with the Clerk of the Supreme Court of the State of Delaware, not the Superior Court that entered the judgment. The notice is served in duplicate on an attorney of record for each other party first, then filed with the Supreme Court Clerk, who forwards a duplicate down to the trial court (Del. Sup. Ct. R. 7(a)). Delaware has no intermediate appellate court between the Superior Court and the Supreme Court.

  3. 3

    The notice must substantially comply with Official Forms A and B of the Delaware Supreme Court Rules (Rule 7(c)(7)). Those official forms control over any other draft, including this one.

  4. 4

    Rule 7(c) lists what the notice must contain: the court, judge, and case number below; the parties and their attorneys of record; the judgment or order appealed from and its date; a transcript designation under Rule 9(e); and a copy of the judgment attached, or a statement that none is available.

  5. 5

    A cross-appeal by a non-appealing party is due within 15 days after the first notice of appeal is filed, or 30 days after entry of the judgment, whichever is later (Del. Sup. Ct. R. 6(b)(i)).

  6. 6

    Filing costs a $500 nonrefundable filing fee plus a $10 Court Security Assessment, $510 total, payable to the Clerk of the Supreme Court (Sup. Ct. R. 20(a); confirm the current fee with the clerk). No cost bond is required to file the appeal itself. A party claiming indigency may instead file a motion and affidavit under 10 Del. C. Sections 8802-8804 and Official Form Q (Rule 20(h)).

  7. 7

    Filing the notice does not by itself stop collection of the judgment. A stay requires a separate motion filed first in the Superior Court, not the Supreme Court, and approval of sufficient security, ordinarily a supersedeas bond equal to the judgment plus costs and delay damages (Sup. Ct. R. 32(a), (c)).

Key decisions before you file

Before you file a Notice of Appeal in Delaware, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

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Delaware Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Docket Entry

    The notice of appeal must be filed within 30 days after entry upon the docket of the judgment, order, or decree, not from service or mailing (Del. Sup. Ct. R. 6(a)(i)).

  • Deadline Generally Cannot Be Enlarged

    Delaware Supreme Court Rule 11(b) states that the time for taking an appeal shall not be enlarged, so this deadline generally cannot be extended, and Rule 6(a)(i) itself excepts appeals controlled by the 10 Del. C. Section 146 disability rule.

  • Filed With the Supreme Court Clerk, Not the Trial Court

    The notice is served in duplicate on an attorney of record for each other party, then filed with the Clerk of the Supreme Court, which forwards a duplicate down to the Superior Court clerk (Del. Sup. Ct. R. 7(a)).

  • Service on Other Parties Required Before Filing

    The notice of appeal must be served in duplicate on an attorney of record for each party below, or on the party if unrepresented, before it is filed with the Supreme Court Clerk (Del. Sup. Ct. R. 7(a)).

  • Notice Must Comply With Official Forms A and B

    The notice of appeal must substantially comply with Official Forms A and B of the Delaware Supreme Court Rules (Rule 7(c)(7)); those official forms control.

  • $510 Filing Fee to the Supreme Court Clerk

    Filing costs a $500 nonrefundable fee plus a $10 Court Security Assessment, $510 total, payable to the Clerk of the Supreme Court (Sup. Ct. R. 20(a)); a fee waiver is available for an indigent party under Rule 20(h).

  • No Stay Without a Trial Court Motion and Security

    Filing the notice does not by itself stay enforcement of the judgment. A stay requires a motion filed first in the Superior Court and approval of sufficient security, ordinarily a supersedeas bond equal to the judgment plus costs and delay damages (Sup. Ct. R. 32(a), (c)).

  • Justice of the Peace Appeal Is a 15-Day Trial De Novo

    A Justice of the Peace Court civil judgment in a debt action is appealed by starting a new action in the Court of Common Pleas within 15 days of the final order or judgment, for a full trial de novo (10 Del. C. Section 9571(a)-(b)).

  • Corporate Disclosure Form P Due Within 15 Days

    Each party must file a Disclosure of Corporate Affiliations and Financial Interest, Official Form P, within 15 days of the notice of docketing the appeal (Del. Sup. Ct. R. 7(g)); a governmental party files it only if it has pertinent information to report.

Frequently Asked Questions