What are the time limits for filing an appeal?
In Delaware, there are time limits for filing an appeal. Generally, an appeal must be filed within 30 days of the decision or judgment of the lower court. The 30-day period begins on the day after the decision or judgment is entered in the lower court. This 30-day window is called the appeal period. If the deadline to appeal is not met, an appellant may still be able to file a motion for an extension of time. Generally, any extension of time must be requested within one year of the original judgment or decision. However, in certain circumstances, the Supreme Court of Delaware may extend the time for filing an appeal. These circumstances are called “extraordinary circumstances.” Extraordinary circumstances are circumstances that are beyond the control of the appellant and cannot be remedied except through an extension of the appeal period. Examples of extraordinary circumstances may include serious illness or an emergency that prevents the filing of an appeal in a timely manner. If an appellant wants to request an extension of time to file an appeal, they must file a motion with the Supreme Court of Delaware. The Court will then decide if the circumstances justify an extension of the appeal period.
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