Del. Supr. Ct. R. 29

(a) Voluntary dismissal. —At any time before filing of the appellee’s brief, an appellant may dismiss the appellant’s appeal voluntarily

by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk and paying the costs. Otherwise, a

voluntary dismissal may be made only upon stipulation of all parties to the proceeding and with the approval of the Court.

(b) Involuntary dismissal upon notice of the Court. —The Court may order a complaint, petition or appeal dismissed, sua sponte, upon

notice of the Court. Dismissal upon notice may be ordered for lack of subject matter jurisdiction, for untimely filing of an appeal, for

appealing an unappealable interlocutory order, for failure of a party diligently to prosecute the appeal, for failure to comply with any rule,

statute, or order of the Court, or for any other reason deemed by the Court to be appropriate. In the event that the Court shall conclude,

sua sponte, that dismissal upon any of the foregoing grounds appears appropriate, the procedure for such dismissal shall be as follows:

The Clerk shall forward to the appellant a notice directing that the appellant show cause why the complaint, petition or appeal should not

be dismissed for the reasons stated in the notice. The notice shall direct the complainant, petitioner or appellant to respond within 10 days

after receipt of the notice. For unrepresented parties without access to a word processing program, the response shall not exceed four

pages in length including the caption and signature block. For parties with access to a word processing program, the response shall not

exceed 1,200 words and shall comply with Rule 30(d). After consideration of such response, the Court shall enter an order dismissing

the complaint, petition or appeal or maintaining jurisdiction of the case. If a response is not filed within the time allowed, the dismissal

shall be deemed to be consented to pursuant to Rule 3(b)(2). Upon entry of any order of dismissal, the Court shall specify the terms

thereof including provision for payment of costs.

(c) Involuntary dismissal without prior notice. —The Court may order a complaint, petition or appeal, including any petition seeking to

invoke the original jurisdiction of the Court over extraordinary writs, dismissed, sua sponte, without notice, notwithstanding the

provisions of Rule 29(b), when such complaint, petition or appeal from any ruling or order, interlocutory or final, manifestly fails on its

face to invoke the jurisdiction of the Court and where the Court concludes, in the exercise of its discretion, that the giving of notice would

serve no meaningful purpose and that any response would be of no avail.

(d) Procedure upon dismissal. —Upon dismissal, the Clerk shall remand the record to the trial court, together with a certified copy of

the notice, stipulation or order of dismissal.