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United States · Delaware Supreme Court

When is the ordinary Delaware appellant reply brief due?

The ordinary reply brief and reply appendix, if any, must be served and filed within fifteen days after service of the appellee’s brief and appendix. Mail or eFiling adds three days under Rule 11(c). A reply also answering a cross-appeal has a separate thirty-day branch.

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Period
15 days for this stated component
Trigger
Effective service of the appellee’s answering brief and appendix
Rule
Supr. Ct. R. 15(a)(iii)
Supr. Ct. R. 15(a)(iii)

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?

The ordinary reply brief and reply appendix, if any, must be served and filed within fifteen days after service of the appellee’s brief and appendix. Mail or eFiling adds three days under Rule 11(c). A reply also answering a cross-appeal has a separate thirty-day branch.

Responsible actor. The appellant filing an ordinary reply.

Identify what the proposed reply answers.

Obtain the answering brief and appendix with service evidence.

Select the actual incoming method and check any altered schedule.

Use the ordinary reply branch with established service and its method. Exclude a reply containing an answer to a cross-appeal and a different Court schedule.

Supr. Ct. R. 15(a)(iii)

How does Supreme Court Rule 11 count this component?

  1. Effective service of the appellee’s answering brief and appendix
  2. Exclude the established event day and count the stated component under Rule 11(a). Select personal, mail or eFiling service; add Rule 11(c) days to the prescribed participant period before counting.
  3. Personal service uses the stated period. Mail and eFiling add three days before final-day treatment.
  4. Serve and file the reply and any reply appendix. Preserve the answering papers, service receipt, reply filing receipt and required eFiled-brief copy delivery.

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 effective personal service, no changed order or actual additional closure. Use the ordinary reply branch with established service and its method. Exclude a reply containing an answer to a cross-appeal and a different Court schedule.

Example counting steps
StepWhat is countedDate
Established eventEffective service of the appellee’s answering brief and appendix by personal serviceSeptember 1, 2026
Ordinary componentEvent on September 1, 2026. Rule 11(c) adds three days to a participant’s service-triggered prescribed period for mail or eFiling. Personal service adds none. Apply Rule 11(a) to the resulting boundary. The addition precedes final-day rollover. Nominal boundary 2026-09-16; resulting boundary 2026-09-16.Wednesday, September 16, 2026
Ordinary componentEvent on September 1, 2026. Rule 11(c) adds three days to a participant’s service-triggered prescribed period for mail or eFiling. Personal service adds none. Apply Rule 11(a) to the resulting boundary. The addition precedes final-day rollover. Nominal boundary 2026-09-19; resulting boundary 2026-09-21.Monday, September 21, 2026
Ordinary componentEvent on September 1, 2026. Rule 11(c) adds three days to a participant’s service-triggered prescribed period for mail or eFiling. Personal service adds none. Apply Rule 11(a) to the resulting boundary. The addition precedes final-day rollover. Nominal boundary 2026-09-19; resulting boundary 2026-09-21.Monday, September 21, 2026
Example resultWednesday, September 16, 2026

Fictitious established facts. The example does not establish applicability, actual service, completed filing, an extension, entitlement or a special closure. Use the ordinary reply branch with established service and its method. Exclude a reply containing an answer to a cross-appeal and a different Court schedule.

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Which qualifications change this particular requirement?

Cross-answer branch differs
A reply that includes answering matter related to a cross-appeal uses the separate thirty-day period in Rule 15(a)(iii).
Method changes the period
Personal service uses fifteen days; mail or eFiling uses eighteen days before final-day treatment.
Further argument needs leave
Rule 15(a)(vi) does not permit other argumentative briefs without leave. The permitted pertinent-case letter is not another reply brief.
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. 15(a)(iii)
  • Use the ordinary reply branch with established service and its method. Exclude a reply containing an answer to a cross-appeal and a different Court schedule.
  • 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 is the ordinary Delaware appellant reply brief due?

Is a reply always compulsory?

The rule sets its time and encourages reply briefs. This page does not decide whether a particular appellant should submit one.

Supr. Ct. R. 15(a)(i)–(vi)Combined reply and cross-answer

Can I use the thirty-day cross-answer branch automatically?

No. The reply must contain answering matter related to a cross-appeal. A cross-appeal’s existence alone does not identify the proposed brief’s content.

Supr. Ct. R. 15(a)(i)–(vi)Appellee further cross-appeal reply

Does eFiling receive an addition?

Yes. Rule 11(c) expressly includes eFiling service for participant acts in a prescribed service-triggered period.

Supr. Ct. R. 11(c)Answering-brief service clock

Official Supreme Court sources and review

Provisions used (15)
Provisions used in this guide
ProvisionPurpose
Supr. Ct. R. 15(a)(iii)This question’s actor, triggering event, prescribed component and procedural qualifications
Supr. Ct. R. 15(a)(i)–(vi)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(3)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 10(b), (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(6)(a)–(d)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. 15(a)(ii)The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim
Supr. Ct. R. 15(a)(v)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
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