How is the Delaware civil cross-appeal deadline determined?

Rule 6(b)(i) uses the later of fifteen days after filing of the first timely notice of appeal and thirty days after entry of the appealed judgment or order. Two different events and periods must be compared. Choosing the later event and adding fifteen days is not the rule.

Responsible actor. Another party seeking appellate review in the civil action.

Confirm the first appeal was timely.

Obtain its filing receipt and the judgment docket entry.

Compare the two prescribed boundaries, with Rule 11 treatment, before selecting the controlling date.

Establish a timely first appeal, this party’s appealable issues and both actual events. The retained one-trigger preset does not establish the later of these two computed boundaries.

1. Both the first timely notice filing and entry of the appealed judgment or order
2. Establish each event, period and procedural branch described on this page before applying Rule 11. This guide supplies no single computed date.
3. Prepare the cross-appeal notice under Rules 6 and 7, including the challenged disposition and service proof. Complete Supreme Court filing and preserve the actual 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 comparison. A recently entered judgment can make its thirty-day branch later than the first-notice fifteen-day branch. A sufficiently later first-notice filing can reverse that comparison. Neither merely choosing the later event nor adding fifteen days to both events implements Rule 6(b)(i). Establish both actual dates; this guide supplies no computed date.

Later of two independently established Rule 6(b)(i) deadlines. The one-date preset does not reproduce that comparison, so no computed date is published.

Two independent clocks

A later first-notice filing can control the fifteen-day branch. A recent judgment entry can instead leave the thirty-day branch later.

Nonenlargeable appeal time

Rule 11(b) applies to cross-appeals as well as original appeals. A briefing extension does not change this comparison.

Separate DRAA branch

A rapid-arbitration cross-challenge uses seven days after first-notice service and fifteen days after award issuance, not these civil events.

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.

• Establish a timely first appeal, this party’s appealable issues and both actual events. The retained one-trigger preset does not establish the later of these two computed boundaries.
• Later of two independently established Rule 6(b)(i) deadlines. The one-date preset does not reproduce that comparison, so no computed date is published.

• Confirm the first appeal was timely.
• Obtain its filing receipt and the judgment docket entry.
• Compare the two prescribed boundaries, with Rule 11 treatment, before selecting the controlling date.
• A later first-notice filing can control the fifteen-day branch. A recent judgment entry can instead leave the thirty-day branch later.
• Rule 11(b) applies to cross-appeals as well as original appeals. A briefing extension does not change this comparison.
• A rapid-arbitration cross-challenge uses seven days after first-notice service and fifteen days after award issuance, not these civil events.
• 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.