When is a Delaware interlocutory supplementary notice required?

If the interlocutory notice was filed before trial-court action on certification, Rule 42(d)(iii) requires a supplementary notice within ten days after expiration of the paragraph (c) periods. Establish those earlier periods and the response branch first. The original notice filing alone is not the ten-day trigger.

Responsible actor. The appellant whose interlocutory notice preceded trial-court certification action.

Locate the original notice and certification docket.

Establish the paragraph (c) periods and any actual trial-court directions.

Identify the new materials needed for the supplementary notice.

Check whether the original notice preceded trial-court action. Establish the actual application, response, any altered periods and their expiration before using a supplementary-notice clock.

1. Expiration of the applicable Rule 42(c) certification periods, established from their own events
2. Establish each event, period and procedural branch described on this page before applying Rule 11. This guide supplies no single computed date.
3. File the supplementary notice with the available Rule 42(d)(iv) materials not already attached to the original notice. Preserve the certification action, earlier notice and supplementary filing 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.

Fictitious procedural history. An appellant files the original notice while trial certification remains pending. A supplementary notice then depends on expiration of the applicable paragraph (c) periods, not on adding ten days to the original notice filing. A changed trial-court period and the response branch affect the prerequisite history. Establish those facts first; this guide supplies no computed date.

The prerequisite Rule 42(c) periods and original-notice condition must be established first. The isolated trigger does not reproduce that history, so no computed date is published.

Derived trigger

The ten-day period starts from the established expiration of earlier certification periods. A one-date preset cannot establish that prior procedural history.

Different response branches

The certification decision uses ten days after response filing or twenty days after application filing without a response. Those prior events must be established.

Avoid duplicate attachments

Rule 42(d)(iv) says the supplementary notice should not contain papers already attached to the original notice.

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.

• Check whether the original notice preceded trial-court action. Establish the actual application, response, any altered periods and their expiration before using a supplementary-notice clock.
• The prerequisite Rule 42(c) periods and original-notice condition must be established first. The isolated trigger does not reproduce that history, so no computed date is published.

• Locate the original notice and certification docket.
• Establish the paragraph (c) periods and any actual trial-court directions.
• Identify the new materials needed for the supplementary notice.
• The ten-day period starts from the established expiration of earlier certification periods. A one-date preset cannot establish that prior procedural history.
• The certification decision uses ten days after response filing or twenty days after application filing without a response. Those prior events must be established.
• Rule 42(d)(iv) says the supplementary notice should not contain papers already attached to the original notice.
• 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.