United States · Delaware Supreme Court
When is a Delaware reply that answers a cross-appeal due?
When the appellant’s reply includes answering matter related to a cross-appeal, Rule 15(a)(iii) allows thirty days after service of the appellee’s brief and appendix. Select the effective incoming method. Mail or eFiling adds three days to this participant period.
- Period
- 30 days for this stated component
- Trigger
- Effective service of the appellee’s combined answering and cross-opening brief and appendix
- Rule
- 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?
When the appellant’s reply includes answering matter related to a cross-appeal, Rule 15(a)(iii) allows thirty days after service of the appellee’s brief and appendix. Select the effective incoming method. Mail or eFiling adds three days to this participant period.
Responsible actor. The appellant who also answers the appellee’s cross-appeal.
Obtain the cross-appeal notice and combined appellee brief.
Identify the cross-appeal issues answered in the proposed reply.
Preserve the triggering service evidence and select its method.
Confirm the proposed reply contains cross-appeal answering matter and establish effective service of the appellee’s papers. Exclude the ordinary fifteen-day reply and any different ordered schedule.
Supr. Ct. R. 15(a)(iii)How does Supreme Court Rule 11 count this component?
- Effective service of the appellee’s combined answering and cross-opening brief and appendix
- 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.
- Personal service uses the stated period. Mail and eFiling add three days before final-day treatment.
- Serve and file the combined reply and cross-answer, with any reply appendix. Use the Rule 14 combined-brief identification and complete required eFiled-brief copies.
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. Confirm the proposed reply contains cross-appeal answering matter and establish effective service of the appellee’s papers. Exclude the ordinary fifteen-day reply and any different ordered schedule.
| Step | What is counted | Date |
|---|---|---|
| Established event | Effective service of the appellee’s combined answering and cross-opening brief and appendix by personal service | September 1, 2026 |
| Ordinary component | Event 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 2026-10-01; resulting boundary 2026-10-01. | Thursday, October 1, 2026 |
| Ordinary component | Event 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 2026-10-04; resulting boundary 2026-10-05. | Monday, October 5, 2026 |
| Ordinary component | Event 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 2026-10-04; resulting boundary 2026-10-05. | Monday, October 5, 2026 |
Fictitious established facts. The example does not establish applicability, actual service, completed filing, an extension, entitlement or a special closure. Confirm the proposed reply contains cross-appeal answering matter and establish effective service of the appellee’s papers. Exclude the ordinary fifteen-day reply and any different ordered schedule.
Try these dates in the calculatorWhich qualifications change this particular requirement?
- Content establishes the branch
- The thirty-day branch applies when the reply includes cross-appeal answering matter. It is not the ordinary fifteen-day reply period.
- Method changes the prescribed period
- Personal service gives thirty days; mail or eFiling gives thirty-three days before Rule 11(a) final-day adjustment.
- Further appellee reply
- Rule 15(a)(v) permits the appellee’s further reply directed to that cross-answer. Its prescribed component is ten days after service of this combined reply.
- 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.
- Confirm the proposed reply contains cross-appeal answering matter and establish effective service of the appellee’s papers. Exclude the ordinary fifteen-day reply and any different ordered 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 a Delaware reply that answers a cross-appeal due?
Does filing a cross-appeal itself start these thirty days?
No. Rule 15(a)(iii) uses service of the appellee’s brief and appendix. The notice-filing clocks are separate.
Supr. Ct. R. 15(a)(i)–(vi)Ordinary fifteen-day replyWhich party is appellant for this schedule?
Rule 15(a)(iv) treats the party who first filed a notice of appeal as appellant for the briefing rule.
Supr. Ct. R. 15(a)(i)–(vi)Further reply on the cross-appealDoes this calculation authorize another brief afterward?
No. Rule 15(a)(v) identifies the further cross-appeal reply; other argumentative writing generally needs leave under Rule 15(a)(vi).
Supr. Ct. R. 15(a)(i)–(vi)Cross-appeal notice comparisonOfficial Supreme Court sources and review
Provisions used (15)
| Provision | Purpose |
|---|---|
| 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. 14 | 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(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. 6(b)(i) | 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 holidays | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Official Supreme Court rules and amendments | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |