Del. Sup. Ct. R. 18 (2026)

Rule 18. Reargument. A motion for reargument may be filed with the Clerk within 15 days after the filing of the Court’s opinion or order unless the time is Page 14

RULES OF THE SUPREME COURT OF THE STATE OF DELAWARE

enlarged or shortened by the Court. The motion shall conform to the page/word count and form requirements of Rules 30 and 13. The motion shall succinctly state the grounds therefor and shall be supported by a certificate of counsel or a pro se certificate that it is presented in good faith and not for delay. The motion shall not be subject to oral argument; no answer to the motion shall be permitted unless requested by the Court. There shall be no reargument when the mandate issues forthwith. The following orders shall not be subject to reargument: (1) orders entered under Rules 41 and 42; (2) orders entered by a single justice which are directed to matters of form and do not address the underlying merits of the appeal; and, (3) orders denying motions for reargument or rehearing en Banc. Rule 19. Mandate. (a) When issued — Motion for reargument — Stay. —In each case finally determined, a mandate, certified copy or other appropriate process, with a certified copy of the opinion or order, notice of dismissal or stipulation of dismissal shall be issued to the trial court. Unless otherwise ordered by the Court, or unless a motion for reargument or a motion for rehearing en Banc is filed, the mandate shall issue as a matter of course upon expiration of the period allowed for filing such motions. If a motion for reargument or a motion for rehearing en Banc is filed, the mandate shall issue upon the Court’s disposition thereof. After reciting the proceedings in the trial court and in this Court, the mandate shall direct the affirmance, reversal or modification of the judgment or order in the trial court and the assessment of costs on appeal, and shall direct such court to take proceedings in conformity with the opinion of this Court. The mandate shall be signed, sealed and attested by the Clerk. Copies shall be forwarded to counsel of record or to parties appearing pro se. (b) Special form of mandate. —In any case in which a special form of mandate may be required, the Court may, upon application of counsel filed prior to the time fixed for the issuance of the mandate, or upon its own motion, permit counsel to be heard upon the form thereof. (c) Remand for determination below. —If the decision includes a remand for a determination by the trial court, a certified copy of said decision with jurisdiction reserved shall issue. The trial court to which the case is remanded shall make such determination and file the same as specified by this Court, or if no time is specified, within 60 days of issuance of the certified copy of said decision. If it shall not be feasible for the trial court to do so within the time provided herein, the trial court shall file a status report within such time. This Court may thereupon enter an order requiring such determination by a specified time or, in the absence of such order, the determination shall be made at the earliest time thereafter as is feasible, which time shall not exceed an additional 60 days. (d) Remand for new trial or new penalty hearing in certain cases. — In a Class A felony tried without a jury or a capital first degree murder case that is reversed and remanded by the Supreme Court to the Superior Court for a new trial or penalty hearing, the President Judge shall assign a different judge to preside over the case if the judge whose decision was reversed on appeal is the same judge who presided over the bench trial or the penalty hearing that resulted in the imposition of the death sentence.