Rule 76.Supreme Court mandate
Ch. IX: Appeals · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 76
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.