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Del. Supr. Ct. R. 3

Powers of individual Justices

activein force · 2026-02-02 – presentact-effective-date

(a) Decisions or orders of the Court. —Except for decisions or orders entered pursuant to paragraph (b) of this Rule, a decision or order

of the Court which will determine or terminate the case shall not be made or entered unless concurred in by a majority of the Court.

(b) Decisions or orders of the Court by a single Justice. —A decision or order of the Court may be made by 1 Justice when:

(1) The decision or order does not terminate the case; or

(2) All parties consent to the termination of the case. A party is deemed to have consented to the termination of the case when the

party fails to respond timely to (a) this Court’s notice to show cause why the appeal should not be dismissed, or (b) a direction of this

Court requiring the party to take action by a fixed date.

(c) Motion Justice. —Pursuant to a monthly rotation schedule, a member of the Court shall be designated as the Motion Justice to

consider and initially review all motions, interlocutory appeals, certifications of questions of law, certificates of reasonable doubt, original

writs, requests for advisory opinions, and appeals from the decisions of the Board on Professional Responsibility, the Board on the

Unauthorized Practice of Law, and the Board of Bar Examiners. If the current Motion Justice has entered a disqualification in a case, any

motion or other paper filed in said case that requires action by the Motion Justice shall be referred to the next qualified and available

Motion Justice in the monthly rotation schedule.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
1af7264e7541abbc04aa8d5084a8991869dbf2fc70eba05d393fbf7241c6ca8c
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Del. Supr. Ct. R. 3 — Powers of individual Justices · binding.law