When does Delaware interlocutory briefing commence without a transcript?

After Supreme Court acceptance of an interlocutory appeal without a transcript, Rule 42(d)(vi)(B) starts the Rule 15 schedule on the third day following acceptance. This calculation supplies that commencement component, not an opening-brief filing deadline. A designated transcript uses a different receipt-based event.

Responsible actor. The appellant and appellee establishing the accepted interlocutory briefing schedule.

Obtain the Supreme Court acceptance order.

Confirm no transcript is ordered for this branch.

Identify any different briefing direction and the separate applicable Rule 15 periods.

Use actual Supreme Court acceptance and the no-transcript branch, without a different ordered schedule. The resulting date marks commencement of Rule 15 timing; further brief periods remain separate.

1. Supreme Court acceptance of the interlocutory appeal, where no transcript is ordered
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. Preserve the acceptance order and transcript state. Establish the actual Rule 15 briefing schedule and complete each later brief’s service and filing independently.

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 actual Supreme Court acceptance and the no-transcript branch, without a different ordered schedule. The resulting date marks commencement of Rule 15 timing; further brief periods remain separate.

Three-day short period

Rule 42(a) uses Rule 11 computation. Three days is below seven, so intermediate weekends and legal holidays are excluded.

Transcript receipt branch

With a designated transcript, commencement occurs on Supreme Court receipt of the reporter’s final transcript log entry. Do not add three days to transcript designation.

Commencement is not filing

The third-day event begins the Rule 15 schedule. It does not mean the opening brief is due three days after acceptance.

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 actual Supreme Court acceptance and the no-transcript branch, without a different ordered schedule. The resulting date marks commencement of Rule 15 timing; further brief periods remain separate.
• This result starts the briefing schedule. It is not the opening-brief due date.

• Obtain the Supreme Court acceptance order.
• Confirm no transcript is ordered for this branch.
• Identify any different briefing direction and the separate applicable Rule 15 periods.
• Rule 42(a) uses Rule 11 computation. Three days is below seven, so intermediate weekends and legal holidays are excluded.
• With a designated transcript, commencement occurs on Supreme Court receipt of the reporter’s final transcript log entry. Do not add three days to transcript designation.
• The third-day event begins the Rule 15 schedule. It does not mean the opening brief is due three days after acceptance.
• This date marks commencement of the Rule 15 briefing schedule, not completion of an opening brief. Preserve Supreme Court acceptance and establish the actual schedule. If a transcript is designated, Rule 42(d)(vi)(B) instead identifies receipt of the final transcript log entry. Complete each later brief’s service, filing and copies under its own applicable requirements.