Certification of questions of law shall be governed by Supreme Court Rule 41. A party filing a petition requesting the Superior Court to certify a question of law of the Supreme Court shall set forth therein facts and issues at such length and with such clarity as to enable the Superior Court to make a finding necessary to warrant a certification under the terms and conditions of Supreme Court Rule 41. There shall be attached to such petition a proposed form of certification substantially in the form set forth in Official Form K of the Rules of the Supreme Court. In the event the Superior Court enters an order of certification, the petitioner shall file with the Prothonotary the copies necessary to conform to the requirements of Supreme Court Rule 41. The Prothonotary shall, within 5 days of the filing of such certification, file with the Clerk of the Supreme Court 6 certified copies thereof.
Rule 75.Certification of questions of law to the Supreme Court
Part IX: Appeals · Last amended October 15, 1980 · Last verified July 28, 2026
In one sentenceRule 75 lets the Superior Court certify a question of law to the Supreme Court under Supreme Court Rule 41, requiring the petition to lay out facts and issues with enough clarity to support certification and to attach a proposed certification in the form of Official Form K.
Full Text of Rule 75
Amendment History
Amended, effective Sept. 15, 1952; Oct. 15, 1980.
Plain-English Summary
Rule 75 runs certification of questions of law through Supreme Court Rule 41. A party petitioning the Superior Court to certify a question of law has to lay out the facts and issues in enough length and clarity for the Superior Court to make the finding Supreme Court Rule 41 requires before certification is warranted, and has to attach a proposed form of certification substantially matching Official Form K of the Supreme Court Rules.
If the Superior Court enters an order of certification, the petitioner files with the Prothonotary whatever copies Supreme Court Rule 41 requires. The Prothonotary then has 5 days from that filing to send 6 certified copies to the Clerk of the Supreme Court.
Frequently Asked Questions
What does a petition for certification of a question of law need to include under Rule 75?
Facts and issues stated at enough length and with enough clarity to let the Superior Court make the finding Supreme Court Rule 41 requires, plus a proposed form of certification substantially matching Official Form K.
What happens after the Superior Court certifies a question of law?
Rule 75 requires the petitioner to file the copies Supreme Court Rule 41 requires with the Prothonotary, who then has 5 days to send 6 certified copies to the Clerk of the Supreme Court.
Does Rule 75 set its own standard for when certification is proper?
No. Rule 75 points to Supreme Court Rule 41 for the terms and conditions that warrant certification; it governs the petition and paperwork on the Superior Court side.
How many certified copies of a certification order go to the Supreme Court?
Six. Rule 75 requires the Prothonotary to file 6 certified copies with the Clerk of the Supreme Court within 5 days of the certification's filing.
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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