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United States · Delaware Supreme Court

When should a Delaware sealed brief’s redacted copy be filed?

Outside Family Court appeals, Rule 9(bb) states that one original and one copy of a redacted brief should be filed within fifteen days after the sealed brief is filed. This is the stated filing-practice component, not a jurisdictional appeal-expiry period or an instruction to remove necessary confidential protection.

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Period
15 days for this stated component
Trigger
Filing of the sealed brief in the covered appeal
Rule
Supr. Ct. R. 9(bb)
Supr. Ct. R. 9(bb)

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?

Outside Family Court appeals, Rule 9(bb) states that one original and one copy of a redacted brief should be filed within fifteen days after the sealed brief is filed. This is the stated filing-practice component, not a jurisdictional appeal-expiry period or an instruction to remove necessary confidential protection.

Responsible actor. The party that filed the sealed brief in the covered non-Family Court appeal.

Identify the appeal’s Family Court or other origin.

Obtain the sealed brief filing event and governing sealing order.

Establish redactions that protect confidential material while permitting the required public version.

Use a non-Family Court sealed-brief filing and its actual sealing order. Establish the permissible public redactions and any Court direction before treating this fifteen-day component as the applicable practice.

Supr. Ct. R. 9(bb)

How does Supreme Court Rule 11 count this component?

  1. Filing of the sealed brief in the covered appeal
  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. Prepare and file the redacted brief in the specified one-original-and-one-copy form. Preserve the sealed filing, confidentiality basis, redacted version and Clerk 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.

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 eventFiling of the sealed brief in the covered appealSeptember 1, 2026
Ordinary componentEvent on September 1, 2026. Count 15 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-09-16. No final-day rollover applies.Wednesday, September 16, 2026
Closed-day variantEvent on September 4, 2026. Count 15 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-09-19. The closed final day advances to 2026-09-21.Monday, September 21, 2026
Material branchEvent on October 19, 2026. Count 15 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 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 a non-Family Court sealed-brief filing and its actual sealing order. Establish the permissible public redactions and any Court direction before treating this fifteen-day component as the applicable practice.

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Which qualifications change this particular requirement?

Family Court exception
Rule 9(bb) treats Family Court confidentiality separately. This non-Family Court redacted-copy component does not determine that separate regime.
Should is the actual wording
The retained rule states that the redacted version should be filed within fifteen days. Do not present this practice direction as an inflexible jurisdictional bar.
Sealing disputes
The rule permits the stated confidentiality challenge procedure and possible trial-court referral. A calculated component does not resolve what may be disclosed.
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. 9(bb)
  • Use a non-Family Court sealed-brief filing and its actual sealing order. Establish the permissible public redactions and any Court direction before treating this fifteen-day component as the applicable practice.
  • 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 should a Delaware sealed brief’s redacted copy be filed?

Does filing the sealed brief make it public?

No. The redacted-copy procedure and governing confidentiality order determine what is publicly filed.

Supr. Ct. R. 9(bb)Ordinary opening-brief service and filing

How many copies does this particular paragraph specify?

Rule 9(bb) identifies one original and one copy of the redacted brief. Check the actual electronic or paper filing direction as well.

Supr. Ct. R. 9(bb)Answering-brief service component

Does this automatically apply to Family Court appeals?

No. The paragraph expressly distinguishes Family Court confidentiality. Establish the applicable rule and order for that appeal.

Supr. Ct. R. 9(bb)Ordinary reply filing component

Official Supreme Court sources and review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
Supr. Ct. R. 9(bb)This question’s actor, triggering event, prescribed component and procedural qualifications
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. 15(a)(i)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)(iii)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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