How to Appeal a Court’s Decision in Delaware?
In both criminal and civil cases, you must file an appeal within 30 days after the original case ruling has been recorded.
Notice of Appeal
You must supply each lower with a copy of your notice of appeal either by mail or in person. Your notice of appeal must contain the following information:
- The court, judge and case number you are appealing.
- Contact information including names and addresses of all parties involved.
- Contact information for all lawyers involved.
- The date that the judgment was ruled.
- In a criminal case, the name of all codefendants with whom the appellant was tried.
- Any designation of transcript as required by Supreme Court Rule 9(e);
- A copy of the original final order.
The fee for filing an appeal in Delaware is $510.
You must also order a copy of the full transcripts from the original trial. There is a fee to obtain a copy. A copy of the transcript must accompany your brief.
You must prepare a brief according to the format and content regulations posted on the Delaware Courts website.
Your brief must include the following sections:
- A table of contents.
- A table of citations, which alphabetically lists all legal authorities cited in your brief.
- A detailed account of the lower court proceedings including the judgment to be reviewed.
- A list of your arguments, about each issue you want to present in the appeal.
- A statement of the facts, including only facts that were given to the court, each supported by references to original documents.
- An argument section, which divides each of the issues you want to raise into separate subsections.
- A conclusion, which briefly tells the Court what you want them to do.
- An appendix containing any supporting paperwork from the original case.
Your case will be reviewed by the justices after the answering brief is filed. You will receive written confirmation of their decision within 90 days after the submission date. The final answer to this appeal is mailed to you at the address you supplied in your notice of appeal.