In any case where the judgment of the Superior Court shall have been reversed or modified, or in any case where further proceedings are necessary, an appropriate order shall be prepared by prevailing counsel and submitted to the Court. If the decision of the Supreme Court includes a remand for a determination by the Superior Court, the preparation and submission of said order, along with any other appropriate action, shall be done at such times and in such a manner so as to enable the Superior Court to comply with the requirements of Supreme Court Rule 19(c).
Rule 76.Supreme Court mandate
Part IX: Appeals · Last amended August 22, 1994 · Last verified July 28, 2026
In one sentenceRule 76 requires prevailing counsel to prepare and submit the order following a Supreme Court reversal, modification, or remand, timed and drafted so the Superior Court can meet Supreme Court Rule 19(c) when further proceedings are needed.
Full Text of Rule 76
Amendment History
Amended, effective Oct. 15, 1980; Aug. 22, 1994.
Plain-English Summary
Rule 76 applies whenever the Supreme Court reverses or modifies a Superior Court judgment, or whenever a case otherwise needs further proceedings after appeal. In that setting, prevailing counsel prepares an appropriate order and submits it to the Court, instead of leaving that task to the Court itself.
When the Supreme Court's decision includes a remand for the Superior Court to make a further determination, Rule 76 requires that order -- and any other appropriate action -- to be prepared and submitted on a schedule that lets the Superior Court comply with Supreme Court Rule 19(c).
Frequently Asked Questions
Who prepares the order after the Delaware Supreme Court reverses a Superior Court judgment?
Rule 76 assigns that job to prevailing counsel, who prepares an appropriate order and submits it to the Court.
What happens when the Supreme Court remands a case to the Superior Court for further proceedings?
Rule 76 requires the order and any other appropriate action to be prepared and submitted in time for the Superior Court to comply with Supreme Court Rule 19(c).
Does Rule 76 apply if the Supreme Court affirms the Superior Court's judgment outright?
Rule 76 addresses cases where the judgment is reversed or modified, or where further proceedings are otherwise necessary -- not a straight affirmance without further action.
When was Rule 76 last amended?
Rule 76 was amended effective October 15, 1980, and again effective August 22, 1994.
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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