Rule 74.Interlocutory appeals to the Supreme Court

Part IX: Appeals · Last amended October 15, 1980 · Last verified July 28, 2026

In one sentenceRule 74 sends every interlocutory appeal from a Superior Court order to Supreme Court Rule 42, which supplies the terms, conditions, and procedures that govern the appeal.

Full Text of Rule 74

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Appeals from interlocutory orders of the Superior Court shall be upon such terms and conditions and in accordance with the procedures set forth in Supreme Court Rule 42.

Amendment History

Added, effective Oct. 15, 1980.

Plain-English Summary

Rule 74 is one sentence: an appeal from an interlocutory order of the Superior Court proceeds upon the terms, conditions, and procedures set out in Supreme Court Rule 42. Delaware's Superior Court Civil Rules don't duplicate that procedure here -- Rule 74 points to it instead of restating it.

Anyone weighing an interlocutory appeal from a Superior Court order needs to work from Supreme Court Rule 42 directly, since that's where the governing terms and conditions live.

Frequently Asked Questions

Does Rule 74 set out its own standard for taking an interlocutory appeal?

No. Rule 74 states only that such appeals proceed upon the terms, conditions, and procedures in Supreme Court Rule 42.

Where do I find the actual procedure for an interlocutory appeal from a Superior Court order?

In Supreme Court Rule 42, which Rule 74 incorporates by reference instead of restating.

When was Rule 74 added?

Rule 74 was added effective October 15, 1980.

Does Rule 74 apply to appeals from final judgments?

No. By its terms, Rule 74 governs appeals from interlocutory orders of the Superior Court, not final judgments.

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

Also known as: interlocutory appeal delaware superior courtsupreme court rule 42 delawareappeal non-final order delaware civil rulerule 74 delaware superior court