Del. C. » Title 10 — Justices of the Peace · CHAPTER 99. Appeals by the State in Criminal Cases · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 9904 (2026)

Time for filing appeal

✓ current as of May 2026
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The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from the filing of a notice of appeal by the defendant.

10 Del. C. 1953, §  9904;  57 Del. Laws, c. 133;  58 Del. Laws, c. 35;  70 Del. Laws, c. 481, §  2; 
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1972–2025 · leading case: State v. Dobies, 290 A.2d 663 (Del. Super. Ct. 1972).
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State v. Dobies, 290 A.2d 663 (Del. Super. Ct. 1972). “§ 9902; 10 Del.C. § 9904. In the present case, the appeal is squarely within the limits of the statutory sections: the appeal is from the motion to dismiss the information and was filed within 60 days of the entry of the order.”
State v. Waters (Del. Super. Ct. 2019). “§ 147; 10 Del. C. § 9904. 17 The State concedes that the constitutional ruling and requirement of probable cause for government acquisition of CSLI set forth in Carpenter applies to Defendant’s case.”
United Parcel Serv. v. Timothy Willis (Del. Super. Ct. 2024). “§ 147; 10 Del. C. § 9904. 73 2014 WL 1312742 (Del.”
State v. Fuller (Del. Super. Ct. 2024). “§ 147; 10 Del. C. § 9904. 16 Sentencing Order dated November 20, 2012: Case No.”
State v. Mitchell (Del. Super. Ct. 2025). “On March 31, 2023, Defendant filed a third pro se motion for review of Superior Court criminal actions); 10 Del. C. § 9904 (time for the State to file an appeal).”
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