Rule 74.Interlocutory appeals
Ch. IX: Appeals · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 74
Plain-English Summary
Appeals from interlocutory orders of the Family Court are upon such terms and conditions, and in accordance with the procedures, set forth in the rules of the appellate court.
An interlocutory order is one made along the way rather than at the end. Appealing one is exceptional, because the ordinary rule is that a case is reviewed once, when it is over — a system that let every intermediate ruling go upstairs would never reach a final order at all.
So the terms are strict, and this rule does not set them. It points to the appellate court's procedure, the same deferral Rule 73 makes for transcripts. Whether an order is interlocutory or final is answered by Rule 54, which defines a judgment as any order from which an appeal lies.
Frequently Asked Questions
Can I appeal a Delaware Family Court order before the case ends?
Appeals from interlocutory orders are upon such terms and conditions and in accordance with the procedures set forth in the rules of the appellate court.
How do I know if an order is final or interlocutory?
Rule 54 defines a judgment as any order from which an appeal lies, and governs when a decision on fewer than all the claims becomes final.