Delaware Supreme Court

The Supreme Court of Delaware is the sole appellate court in the United States’ state of Delaware.

Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and acquisitions.

The Supreme Court has appellate jurisdiction over direct appeals from the Superior Court, Family Court, and Court of Chancery. Because it is the only appellate court in the state, its jurisdiction over appeals from final orders is mandatory. However, it has discretionary jurisdiction over appeals from interlocutory orders.

The Court has original jurisdiction over writs of mandamus, prohibition, and certiorari. In addition, the Court regulates and has exclusive jurisdiction over matters concerning the admission and discipline of lawyers, the Lawyers’ Fund for Client Protection, continuing legal education requirements, and the unauthorized practice of law.

Constitutionally, the Chief Justice is the chief administrative officer of the entire Delaware judicial system and has the responsibility for securing funding for the courts from the Delaware General Assembly.

Motions

Motions are normally handled in chambers by a motions justice. Arguments on motions are uncommon.

Oral argument

While the Court’s appellate jurisdiction is mandatory, it is not required to hear oral argument. Approximately 60-75% of its decisions are rendered on briefs. If a case involves a novel question of law or the justices desire clarification, oral argument is called. Each attorney in oral argument is given 20 minutes to present its side, except for capital cases, in which each side is given 30 minutes.

Most cases are heard by a panel of three justices. In certain cases set forth in Rule 1 of the Court’s Rules, the Court will sit en banc. These cases include cases where a criminal defendant has been sentenced to death, where the three justice panel cannot reach a unanimous decision, or where the Court has been asked to modify or overrule existing precedent.

In cases being heard by a three justice panel, the lawyers presenting argument do not know the identity of the justices hearing the argument until the justices enter the courtroom.

Arguments are normally held each Wednesday beginning at 10:00 a.m. in Dover, the state capital. Occasionally, the Court will hear arguments in special locations, such as the Widener University School of Law. The Court has a courtroom in Wilmington, but it is rarely used.

World Justice News show the Delaware Supreme Court oral arguments free. For the link to view the Delaware Supreme Court oral arguments please click here to see our daily schedule.