Del. Sup. Ct. R. 2 (2026)

Rule 2. Quorum; seniority. (a) Quorum. —A quorum of the Court en Banc shall be 5 and a quorum of the Court sitting as a panel shall be 3. A former Justice of the Supreme Court or an active constitutional judge may be assigned to complete a quorum as provided in Article IV, § 12 and § 38 of the Constitution. (b) Seniority. —Seniority of active Justices of the Court shall be determined under the provisions of Article IV, § 2 of the Constitution. Active Justices shall be senior in rank to former Justices, or judges of the constitutional courts designated to serve under Article IV, §§ 12 and 38 of the Constitution.