In any case in which an appeal is commenced under Supreme Court Rule 7, it shall be the duty of the attorney for each of the parties thereto to comply with Supreme Court Rule 9(e)(ii) — (iv) relating to designation of the record. It shall be the duty of the court reporter, upon timely receipt of a direction to prepare a transcript under Supreme Court Rule 9(e), to comply with the procedures set forth therein. In any case in which the testimony or other pertinent matter has not been stenographically recorded, and in any case where the parties have entered into a stipulation as to the substance of testimony or other proceedings as provided by the Rules of the Supreme Court, the parties and the trial court shall comply with Supreme Court Rule 9(g).
Rule 73.Preparation of transcript on appeal to the Supreme Court
Part IX: Appeals · Last amended October 15, 1980 · Last verified July 28, 2026
In one sentenceRule 73 requires each party's attorney to comply with Supreme Court Rule 9(e)(ii) through (iv) on designating the record, requires the court reporter to prepare the transcript once properly directed, and requires compliance with Supreme Court Rule 9(g) when testimony wasn't stenographically recorded or the parties stipulated to its substance.
Full Text of Rule 73
Amendment History
Added, effective Oct. 15, 1980.
Plain-English Summary
Rule 73 applies once an appeal to the Supreme Court is under way under Supreme Court Rule 7. It puts each party's attorney under a duty to comply with Supreme Court Rule 9(e)(ii) through (iv) on designating the record, and it puts the court reporter under a matching duty: once the reporter timely receives a direction to prepare a transcript under Supreme Court Rule 9(e), the reporter has to follow the procedures that rule sets out.
Rule 73 also covers cases where the testimony or other pertinent matter was never stenographically recorded, or where the parties have stipulated to the substance of testimony or other proceedings as the Supreme Court Rules allow. In those cases, the parties and the trial court have to comply with Supreme Court Rule 9(g) instead of producing an ordinary transcript.
Frequently Asked Questions
Who's responsible for designating the record on an appeal to the Delaware Supreme Court?
Rule 73 places that duty on the attorney for each party, who must comply with Supreme Court Rule 9(e)(ii) through (iv).
What must a court reporter do once directed to prepare a transcript for a Supreme Court appeal?
Rule 73 requires the reporter, upon timely receipt of a direction to prepare a transcript under Supreme Court Rule 9(e), to comply with the procedures that rule sets out.
What happens if the testimony in my case was never recorded by a court reporter?
Rule 73 requires the parties and the trial court to comply with Supreme Court Rule 9(g) in that situation, and also when the parties have stipulated to the substance of testimony or proceedings.
Does Rule 73 apply to every appeal from Superior Court?
Rule 73 applies in any case where an appeal is commenced under Supreme Court Rule 7.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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