When must a Delaware interlocutory notice reach the Supreme Court?

Serve and file the interlocutory notice in the Supreme Court within thirty days after entry of the challenged interlocutory order. The notice may be filed after the trial-court certification application is filed. Do not postpone it beyond thirty days while awaiting trial-court action.

Responsible actor. The applicant seeking Supreme Court acceptance of an interlocutory appeal.

Obtain the entered interlocutory order.

File the required certification application below.

Prepare the notice attachments and preserve Supreme Court receipt within the separate thirty-day period.

Use actual interlocutory order entry, an established Rule 42 application below and the independent notice obligation. The calculation does not certify that the Supreme Court will accept review.

1. Entry of the interlocutory trial-court order sought to be reviewed
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 and file the applicable Rule 42 notice and Rule 7 materials, with the required available application, order, response and certification materials. Use the applicable version of Official Form M.

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 interlocutory order entry, an established Rule 42 application below and the independent notice obligation. The calculation does not certify that the Supreme Court will accept review.

Acceptance is discretionary

A trial-court certification does not compel Supreme Court acceptance. Rule 42(d)(v) permits acceptance or refusal based on relevant factors.

Earlier notice may need supplementation

If the notice precedes trial-court action on certification, Rule 42(d)(iii) supplies a supplementary-notice requirement tied to expiration of the paragraph (c) periods.

Missing trial-court action

If no certification order was entered within thirty days of interlocutory order entry, Rule 42(d)(iv)(E) requires a separate counsel certificate stating that fact.

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 interlocutory order entry, an established Rule 42 application below and the independent notice obligation. The calculation does not certify that the Supreme Court will accept review.
• The stated component does not obtain an extension, establish completed acts or decide an excluded procedural branch.

• Obtain the entered interlocutory order.
• File the required certification application below.
• Prepare the notice attachments and preserve Supreme Court receipt within the separate thirty-day period.
• A trial-court certification does not compel Supreme Court acceptance. Rule 42(d)(v) permits acceptance or refusal based on relevant factors.
• If the notice precedes trial-court action on certification, Rule 42(d)(iii) supplies a supplementary-notice requirement tied to expiration of the paragraph (c) periods.
• If no certification order was entered within thirty days of interlocutory order entry, Rule 42(d)(iv)(E) requires a separate counsel certificate stating that fact.
• 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.