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Rule 76.Supreme Court mandate

Ch. IX: Appeals · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 76 tells the Clerk to act on a Supreme Court mandate so that the Family Court can comply with it.

Full Text of Rule 76

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Upon receipt of a mandate from the Supreme Court, the Clerk shall act in accordance with any instruction therein and in such a manner so as to enable the Family Court to comply with the requirements of Supreme Court Rule 19(c).
End

Plain-English Summary

On receipt of a mandate from the Supreme Court, the Clerk acts in accordance with any instruction in it, and in such a manner as to enable the Family Court to comply with the Supreme Court's own rule on mandates.

A mandate is the appellate court's formal direction to the court below once an appeal is over — affirming, reversing, or returning the case with instructions. This rule closes the loop, and it is written as an administrative duty rather than a discretion, which is right: the trial court's job on receiving a mandate is to carry it out.

The second half matters as much as the first. Where a mandate does not spell out every step, the Clerk still acts so that the court can comply — the instruction is read for its purpose, not only its letter.

Frequently Asked Questions

What happens after a Delaware Supreme Court appeal is decided?

On receipt of the mandate, the Clerk acts in accordance with any instruction in it and in such a manner as to enable the Family Court to comply with it.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 76), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source
Also known as: Supreme Court mandate Delaware Family CourtFam. Ct. Civ. R. 76