When may another Delaware appellate party designate transcript portions?

Within fifteen days after the appeal is docketed, another party may serve and file its transcript designations under Rule 9(e)(iii). Docketing, not service of the appellant’s notice, supplies this event. The designation must reach the required trial and Supreme Court clerks and the reporter.

Responsible actor. A party other than the appellant designating additional transcript portions.

Obtain the appeal docketing evidence.

Identify the additional transcript portions and responsible reporter.

Arrange service, dual filing and forthwith reporter delivery.

Use the actual appeal-docketing event and transcript designation procedure. Exclude a DRAA final-award challenge and any actual order changing the required timing.

1. Docketing of the appeal in the Supreme Court
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 designations on all parties, file them with the trial court Clerk and Supreme Court Clerk, and deliver them forthwith to the reporter. Use the applicable Official Forms C and D.

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 appeal-docketing event and transcript designation procedure. Exclude a DRAA final-award challenge and any actual order changing the required timing.

Dual filing

Supreme Court filing alone does not complete Rule 9(e)(iii). The trial court Clerk also receives the designations.

Delivery remains prompt

Reporter delivery is required forthwith. A calculated outer fifteen-day component does not convert that prompt requirement into permission to delay.

Transcript costs and consequences

Rule 9 addresses costs and sanctions for transcript failures. Those responsibilities remain separate from this designation date.

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 appeal-docketing event and transcript designation procedure. Exclude a DRAA final-award challenge and any actual order changing the required timing.
• The stated component does not obtain an extension, establish completed acts or decide an excluded procedural branch.

• Obtain the appeal docketing evidence.
• Identify the additional transcript portions and responsible reporter.
• Arrange service, dual filing and forthwith reporter delivery.
• Supreme Court filing alone does not complete Rule 9(e)(iii). The trial court Clerk also receives the designations.
• Reporter delivery is required forthwith. A calculated outer fifteen-day component does not convert that prompt requirement into permission to delay.
• Rule 9 addresses costs and sanctions for transcript failures. Those responsibilities remain separate from this designation date.
• 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.