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United States · Delaware Supreme Court

When must a Delaware civil notice of appeal be filed?

Rule 6(a)(i) requires filing within 30 days after entry of the appealed judgment, order or decree on the trial docket. Section 146 supplies a distinct disability exception. Rule 11(b) does not permit enlarging the appeal period.

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Period
30 days for this stated component
Trigger
Trial-docket entry of the appealable civil judgment, order or decree
Rule
Supr. Ct. R. 6(a)(i)
Supr. Ct. R. 6(a)(i)

Official Supreme Court compilation current through February 2, 2026. That label identifies the retained compilation, not a new effective date for every civil rule.

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Which established event starts this procedure?

Rule 6(a)(i) requires filing within 30 days after entry of the appealed judgment, order or decree on the trial docket. Section 146 supplies a distinct disability exception. Rule 11(b) does not permit enlarging the appeal period.

Responsible actor. The party taking the civil appeal.

Obtain the entered disposition and docket entry.

Establish finality and the effect of any actual postjudgment motion or order.

Identify every party, recipient and transcript designation required by Rule 7.

Use an established appealable civil disposition and its trial-docket entry. Exclude the section 146 exception, an unresolved finality issue and the separate interlocutory-acceptance procedure.

Supr. Ct. R. 6(a)(i)

How does Supreme Court Rule 11 count this component?

  1. Trial-docket entry of the appealable civil judgment, order or decree
  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. Serve the Rule 7 notice on the required attorneys or unrepresented parties. File the notice, judgment or order, available rationale and service proof with the Supreme Court Clerk. Mailing alone does not establish filing.

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.

Supr. Ct. R. 11(a)–(c)

What do independently derived examples show?

Fictitious example

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

Example counting steps
StepWhat is countedDate
Established eventTrial-docket entry of the appealable civil judgment, order or decreeSeptember 1, 2026
Ordinary componentEvent on September 1, 2026. Count 30 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-10-01. No final-day rollover applies.Thursday, October 1, 2026
Closed-day variantEvent on September 3, 2026. Count 30 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-10-03. The closed final day advances to 2026-10-05.Monday, October 5, 2026
Material branchEvent on October 4, 2026. Count 30 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-11-03. The closed final day advances to 2026-11-04.Wednesday, November 4, 2026
Example resultThursday, October 1, 2026

Fictitious established facts. The example does not establish applicability, actual service, completed filing, an extension, entitlement or a special closure. Use an established appealable civil disposition and its trial-docket entry. Exclude the section 146 exception, an unresolved finality issue and the separate interlocutory-acceptance procedure.

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Which qualifications change this particular requirement?

Disability exception
10 Del. C. 146 addresses a qualifying minor or mentally incompetent party not represented below by the specified guardian or trustee. Its clock begins when the disability ceases.
No appeal enlargement
A motion or ordinary briefing extension does not enlarge the notice-of-appeal period. Establish any asserted tolling basis instead of assuming extra days.
Different appellate routes
Interlocutory orders require Rule 42 acceptance. A DRAA final award has a separate issuance-based fifteen-day challenge period.
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.
Supr. Ct. R. 6(a)(i)
  • Use an established appealable civil disposition and its trial-docket entry. Exclude the section 146 exception, an unresolved finality issue and the separate interlocutory-acceptance procedure.
  • The stated component does not obtain an extension, establish completed acts or decide an excluded procedural branch.

Which acts and receipts must be completed?

Questions about this particular Supreme Court procedure

When must a Delaware civil notice of appeal be filed?

Does the signature date control this calculator?

Rule 6(a)(i) identifies trial-docket entry. Establish the actual entry and applicable statutory branch, rather than substituting a hearing or signature date.

Supr. Ct. R. 6(a), (b)Civil cross-appeal comparisons

Does notice service add three days to this filing clock?

This ordinary thirty-day branch runs from docket entry, not incoming service. The calculator does not add Rule 11(c) service days to that event.

Supr. Ct. R. 11(c)Interlocutory notice and acceptance

Can I mail the notice on the final day?

Paper filing under Rule 10 is complete on Clerk receipt during business hours. Registered eFiling of a notice must finish before midnight Eastern Time.

Supr. Ct. R. 10.2(6)(a)–(d)DRAA final-award challenge

Official Supreme Court sources and review

Provisions used (18)
Provisions used in this guide
ProvisionPurpose
Supr. Ct. R. 6(a)(i)This question’s actor, triggering event, prescribed component and procedural qualifications
10 Del. C. § 146The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 11(b)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 42(a)–(c)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 6(a), (b)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 11(c)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 10.2(6)(a)–(d)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 7(a), (c)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 10(a)–(d)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 10.1(b), (h)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 10.2(10)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 6(b)(i)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 6(a)(ii)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 42(d)(i)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 11(a)–(c)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
1 Del. C. § 501(a)–(c)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Delaware Courts published 2026 holidaysThe separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Official Supreme Court rules and amendmentsThe separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Read the official provision

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