What is the process for filing an appellate brief?
Appealing a case in Delaware can be done either through the Delaware Supreme Court or the Delaware Superior Court. In order to file an appellate brief in Delaware, the following steps should be taken: 1. File a notice of appeal in the trial court. This notice must be filed within 30 days of the trial court decision in Superior Court or 45 days of the trial court decision in Supreme Court. 2. Prepare and submit the appellate brief. The brief must include a statement of the questions presented for review, the standard of review, a statement of facts, a discussion of the applicable law, and conclusions of law. 3. Serve copies of the brief on opposing parties. The copies must be served within 21 days of filing the notice of appeal. 4. File a certificate of service with the court. This is proof that all parties were served with copies of the brief. 5. File a motion to consolidate multiple appeals. This is only necessary if multiple appeals have been filed in the same case. 6. Prepare and submit a reply brief. This brief will respond to any arguments made by the opposing party in their brief. 7. Finally, if the case is set for oral argument, you must file a motion to set a date for argument. This should be done at least 30 days before the scheduled oral argument. Once the appellate brief has been filed, the court will review the case and issue a decision. This decision could be a reversal of the lower court’s decision, an affirmance of the lower court’s decision, or a remand of the case to the lower court for further proceedings.
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