When is the Delaware appellant’s transcript-service certificate due?

Within seven days after filing the notice of appeal, the appellant must file the Rule 9(e)(ii) certificate establishing that the notice was served on the required reporter and transcript costs were paid or will promptly be paid. The stated initial-notice proof exception can remove the need for a separate certificate.

Responsible actor. The appellant establishing required reporter service and transcript payment.

Identify the reporter and transcript needed for the appeal.

Check whether the notice already contains the specified reporter-service proof.

Establish actual service and the cost-payment position before certifying them.

Use the actual notice filing and a case requiring reporter service. Exclude a notice already containing qualifying Rule 10(c) reporter-service proof and the separate DRAA transcript exception.

1. Filing of the notice of appeal where a separate Rule 9(e)(ii) certificate is required
2. Exclude the established event day and count the stated component under Rule 11(a). No participant service addition is applied to this nonservice event.
3. Promptly serve the notice on the reporter as Rule 9 requires. File the certificate of actual service and paid or promptly payable costs. Preserve notice, reporter service and filing evidence.

Rule 11(a) excludes the event day. A prescribed period below seven days excludes intermediate Saturdays, Sundays and legal holidays. Seven days and longer count those intermediate days. A final Saturday, Sunday, legal holiday or actual Clerk closure receives the stated next-open-day treatment. A backward five-day motion component counts earlier eligible days to preserve its required lead. Do not apply the separate Chancery or Superior Court eleven-day threshold.

The 2026 named calendar follows the Court’s published statewide holidays. The 2027 dates are projections of 1 Del. C. § 501 and its fixed-holiday observation rule. December 31, 2027 is the observed New Year holiday for Saturday, January 1, 2028. These dates do not confirm future amendments, Governor or Chief Justice appointments or actual additional closures. Sussex Return Day afternoon is not treated as a statewide full-day Supreme Court closure. Review any actual additional closure separately.

Rule 11(c) adds three days to a participant’s prescribed period after incoming service by mail or eFiling. Personal service adds none. The addition enters the period before Rule 11(a) counting and final-day treatment. It does not apply to Court acts or to an entry, filing, issuance or acceptance event merely because a copy is served. Rule 10(b) completes mail service on mailing. Rule 10.1(h) treats authorized electronic service like mail for the addition. A convenience email notification under Rule 10.2(6)(d) is not the service event.

Reviewed coverage uses the retained Supreme Court compilation current through February 2, 2026, for established events on or after that compilation boundary and final dates through December 31, 2027. The index label is not a new effective date for every civil rule. Historical events, backward periods crossing that boundary, later dates, changed orders and actual additional closures require separate review. No computed or paid date is supplied for an input outside that coverage. This boundary does not establish that an actual act is late.

Fictitious example

Fictitious established current-edition event. Personal service where the period runs from service. No altered order or additional closure.

Fictitious established facts. The example does not establish applicability, actual service, completed filing, an extension, entitlement or a special closure. Use the actual notice filing and a case requiring reporter service. Exclude a notice already containing qualifying Rule 10(c) reporter-service proof and the separate DRAA transcript exception.

Initial proof exception

A notice filed with the specified Rule 10(c) proof of reporter service does not require a separate certificate under the stated Rule 9(e)(ii) exception.

Seven-day calendar component

Seven days is not shorter than seven. Rule 11(a) therefore counts intermediate weekends and holidays before final-day treatment.

Prompt action and sanctions

The seven-day certificate does not replace prompt reporter service or payment. Rule 9(f) addresses failures and possible sanctions.

Participant service and Court acts

Rule 11(c) adds three days to a participant’s prescribed period after incoming service by mail or eFiling. Personal service adds none. The addition enters the period before Rule 11(a) counting and final-day treatment. It does not apply to Court acts or to an entry, filing, issuance or acceptance event merely because a copy is served. Rule 10(b) completes mail service on mailing. Rule 10.1(h) treats authorized electronic service like mail for the addition. A convenience email notification under Rule 10.2(6)(d) is not the service event.

Compilation and calendar coverage

Reviewed coverage uses the retained Supreme Court compilation current through February 2, 2026, for established events on or after that compilation boundary and final dates through December 31, 2027. The index label is not a new effective date for every civil rule. Historical events, backward periods crossing that boundary, later dates, changed orders and actual additional closures require separate review. No computed or paid date is supplied for an input outside that coverage. This boundary does not establish that an actual act is late.

• Use the actual notice filing and a case requiring reporter service. Exclude a notice already containing qualifying Rule 10(c) reporter-service proof and the separate DRAA transcript exception.
• The stated component does not obtain an extension, establish completed acts or decide an excluded procedural branch.

• Identify the reporter and transcript needed for the appeal.
• Check whether the notice already contains the specified reporter-service proof.
• Establish actual service and the cost-payment position before certifying them.
• A notice filed with the specified Rule 10(c) proof of reporter service does not require a separate certificate under the stated Rule 9(e)(ii) exception.
• Seven days is not shorter than seven. Rule 11(a) therefore counts intermediate weekends and holidays before final-day treatment.
• The seven-day certificate does not replace prompt reporter service or payment. Rule 9(f) addresses failures and possible sanctions.
• For the paper participants described in Rule 10, serve the required recipients and complete filing by actual Clerk or Deputy Clerk receipt during regular business hours. Mailing a filing on the final day does not establish receipt. Registered eFiling under Rules 10.1 and 10.2 uses the recorded completed transaction. In nonexpedited cases, ordinary electronic filings must finish by 5 p.m. Eastern Time. Notices of appeal and electronic filings in expedited cases must finish before midnight Eastern Time. Electronic service requires selection of recipients and submission through File & Serve. Preserve the receipt identifying date, time, method and recipients. The email notification alone is not service. Rule 10.2(10) permits relief for specified filing or service errors only upon satisfactory proof and a Court order; no automatic extension is calculated.