When may a Delaware Supreme Court reargument motion be filed?

An eligible Rule 18 reargument motion may be filed within fifteen days after filing of the Court’s opinion or order, unless the Court changes the time. First establish that the particular decision permits reargument. Several orders and a mandate directed forthwith are excluded.

Responsible actor. The party seeking reargument of an eligible Supreme Court decision.

Obtain the filed opinion or order.

Check every Rule 18 eligibility exclusion and any altered time.

Identify the points allegedly overlooked or misapprehended and prepare the certificate.

Use the opinion or order filing event. Exclude a decision directing a mandate forthwith, a Rule 41 or 42 order, a form-only single-Justice order and a denial of reargument or rehearing.

1. Filing of the eligible Supreme Court opinion or order
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. File a motion meeting Rules 18, 30 and 13, stating the overlooked or misapprehended points and supported by the required good-faith certificate. Preserve service proof and actual filing receipt.

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 opinion or order filing event. Exclude a decision directing a mandate forthwith, a Rule 41 or 42 order, a form-only single-Justice order and a denial of reargument or rehearing.

Mandate forthwith

An opinion or order directing a mandate to issue forthwith does not permit this Rule 18 motion.

Listed excluded decisions

Rule 18 excludes the stated Rule 41 and 42 orders, form-only single-Justice orders and decisions denying reargument or rehearing.

Response and argument restrictions

The motion is not subject to oral argument. No answer is permitted unless the Court requests it.

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 opinion or order filing event. Exclude a decision directing a mandate forthwith, a Rule 41 or 42 order, a form-only single-Justice order and a denial of reargument or rehearing.
• The stated component does not obtain an extension, establish completed acts or decide an excluded procedural branch.

• Obtain the filed opinion or order.
• Check every Rule 18 eligibility exclusion and any altered time.
• Identify the points allegedly overlooked or misapprehended and prepare the certificate.
• An opinion or order directing a mandate to issue forthwith does not permit this Rule 18 motion.
• Rule 18 excludes the stated Rule 41 and 42 orders, form-only single-Justice orders and decisions denying reargument or rehearing.
• The motion is not subject to oral argument. No answer is permitted unless the Court requests it.
• 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.