TITLE 10

Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts

CHAPTER 1. SUPREME COURT

Subchapter III. General Jurisdiction and Powers; Time for Taking Appeals


(a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by resolution require it for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by 2/3 of all members elected to each House.

(b) The Justices of the Supreme Court may appoint 1 or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing or arguing the legal issues submitted by the Governor or General Assembly.

(c) If the Governor should request an advisory opinion from the Court, the Governor shall, within 5 days, notify the leadership of both Houses by sending them a copy of such request. If the General Assembly should request an advisory opinion from the Court, the Speaker of the House and the President Pro Tempore of the Senate shall within 5 days notify the Governor by sending a copy of such request.

(d) Upon receipt of such advisory opinion from the Supreme Court the governor or the General Assembly shall, within 5 days, notify the opposite party by sending a copy of such advisory opinion.

Code 1852, § 482; Code 1915, § 402; Code 1935, § 374; 10 Del. C. 1953, § 141; 58 Del. Laws, c. 514; 64 Del. Laws, c. 214, § 1; 70 Del. Laws, c. 186, § 1.;

Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of the Court without petition therefor or the allocatur of any Judge or order of the Court.

21 Del. Laws, c. 118; Code 1915, § 3710; Code 1935, § 4263; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 142.;

No appeal from an interlocutory order, judgment or decree shall be received in the Supreme Court, unless such appeal is filed in the Supreme Court within 30 days after such order, judgment or decree is entered.

Code 1852, § 2755; Code 1915, § 4686; Code 1935, § 5144; 10 Del. C. 1953, § 143; 57 Del. Laws, c. 460.;

A failure to appeal from an interlocutory order, judgment or decree of the Court of Chancery or Superior Court shall not bar a party from making any objection to such interlocutory order, judgment or decree on appeal from the final order, judgment or decree.

Code 1852, § 2756; Code 1915, § 4687; Code 1935, § 5145; 10 Del. C. 1953, § 144; 57 Del. Laws, c. 459.;

No appeal from a final judgment or decree of the Court of Chancery shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

This section shall not affect the time for cross-appeals provided in § 149 of this title.

Code 1852, § 2757; Code 1915, § 4688; 38 Del. Laws, c. 204; Code 1935, § 5146; 10 Del. C. 1953, § 145; 51 Del. Laws, c. 346, § 1; 58 Del. Laws, c. 20, § 1.;

When an infant or a mentally incompetent person is a party to an action and was not represented in the action in the lower court by a guardian ad litem, general guardian or trustee, the time within which such infant or mentally incompetent person may appeal to the Supreme Court shall begin to run at the ceasing of such disability and not at the time of signing the judgment or decree.

Code 1852, §§ 2758, 2762; Code 1915, §§ 4689, 4693; Code 1935, §§ 5147, 5151; 10 Del. C. 1953, § 146.;

No appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

10 Del. C. 1953, § 147; 51 Del. Laws, c. 346, § 2; 58 Del. Laws, c. 22, § 1.;

No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

This section shall not affect the time for cross-appeals provided in § 149 of this title.

10 Del. C. 1953, § 148; 51 Del. Laws, c. 346, § 3; 58 Del. Laws, c. 21, § 1.;

In any civil action where a timely notice of appeal to the Supreme Court is filed by a party, any other party may file a notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the time otherwise prescribed by this title, whichever expires last.

10 Del. C. 1953, § 149; 57 Del. Laws, c. 461.;

Any applicant or licensee may, at any time within 30 days from the date of any adverse decision or action of the Superior Court made pursuant to its administration of the provisions of § 1441 of Title 11, appeal that decision or action to the Supreme Court.

73 Del. Laws, c. 111, § 1.;