At Brownstone Law, we are committed to providing exceptional appellate representation. Our experienced attorneys are prepared to advocate for your interests effectively. For more information or to discuss your case, visit our website or contact us directly or contact our federal habeas lawyer.

Delaware 

At Brownstone Law, we are dedicated to providing exceptional appellate representation, guiding clients through the complexities of Delaware’s appellate courts. Our experienced attorneys are well-versed in the nuances of appellate litigation, ensuring that your case is meticulously prepared and presented.

Delaware Appellate Court System Overview

Delaware’s appellate system comprises two primary courts: the Supreme Court and the Court of Chancery.

  • Delaware Supreme Court: As the state’s highest court, the Delaware Supreme Court has final appellate jurisdiction over all matters in the state. It reviews decisions from lower courts and certain administrative agencies, ensuring the uniform application of Delaware law.
  • Delaware Court of Chancery: While primarily a trial court with jurisdiction over equity cases, the Court of Chancery’s decisions can be appealed directly to the Delaware Supreme Court.

Caseload and Statistics

The Delaware Supreme Court manages a significant caseload annually. In Fiscal Year 2023, the court received a total of 453 filings, comprising criminal appeals, civil appeals, and other matters. The average time from filing to disposition was approximately 164.3 days, reflecting the court’s commitment to efficient case management. citeturn0search10

Rules of Appellate Procedure

Appeals in Delaware are governed by the Rules of the Supreme Court of the State of Delaware. These rules outline the procedures for filing appeals, including timelines, brief requirements, and oral argument protocols. Adherence to these rules is crucial for the successful progression of an appeal. The complete set of rules can be accessed through the Delaware Courts’ official website.

Process for Appealing a Case

  1. Notice of Appeal: Initiate the appeal by filing a notice of appeal with the Clerk of the Supreme Court within the prescribed timeframe after the judgment or decision. citeturn0search7
  2. Preparation of the Record: Compile the trial court record, including transcripts and relevant documents, to be reviewed by the appellate court.
  3. Briefs: The appellant submits a brief outlining legal arguments and alleged errors in the trial court’s decision. The appellee may respond with their brief, and the appellant can file a reply brief if necessary.
  4. Oral Argument: In some cases, the court may schedule oral arguments, allowing attorneys to present their positions and answer judges’ questions.
  5. Decision: After reviewing the materials and arguments, the court will issue a written opinion, which may affirm, reverse, or remand the case.

High-Profile Cases

Delaware’s appellate courts have presided over several notable cases:

  • Disney Derivative Litigation: The Delaware Supreme Court upheld the Court of Chancery’s decision in favor of The Walt Disney Company’s directors regarding the hiring and termination of Michael Ovitz, setting important precedents in corporate governance.
  • Airgas, Inc. v. Air Products and Chemicals, Inc.: The court ruled that a company’s board could lawfully block a hostile takeover bid, reinforcing the board’s authority in corporate defense strategies.

Contact Information

Delaware Supreme Court

  • Address: The Renaissance Centre, 405 North King Street, Suite 509, Wilmington, DE 19801
  • Phone: (302) 651-3960
  • Website: Delaware Supreme Court
  • Hours of Operation: Monday to Friday, 8:30 AM – 4:30 PM
  • Coordinates: 39.7391° N, 75.5398° W

Delaware Court of Chancery

  • Address: Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801
  • Phone: (302) 255-0544
  • Website: Delaware Court of Chancery
  • Hours of Operation: Monday to Friday, 8:30 AM – 4:30 PM
  • Coordinates: 39.7410° N, 75.5466° W

Brownstone Law: Your Appellate Advocates

At Brownstone Law, we are committed to providing exceptional appellate representation. Our experienced attorneys are prepared to advocate for your interests effectively. For more information or to discuss your case, visit our website or contact us directly.