Del. Fam. Ct. R. Civ. P. 72

As amended through November 14, 2024
Rule 72 - Appeals from Certain Boards to Family Court

(a) Application of rule. This rule shall apply to appeals to the Family Court from administrative hearings conducted by the Division of Child Support Services and the Division of Family Services.

(b) How taken. When an appeal is permitted by law, a party may appeal by filing a notice of appeal with the Clerk of Court of the appropriate county within the time prescribed by statute. If no time is prescribed by statute, the notice of appeal shall be filed within 15 days from the entry of the final judgment, order, or disposition from which an appeal is permitted by law.

(c) Notice of appeal. The notice of appeal shall specify the parties taking the appeal, shall state the grounds of the appeal, and shall be signed by the party or their attorney.

Notification of the filing of the notice of appeal shall be given by the Clerk of Court by mailing copies thereof to all parties to the proceeding below. No notice of appeal need be given to the party or parties taking the appeal. The failure of the Clerk of Court to give notice of the taking of the appeal shall not affect the validity of the appeal. The notification of a party shall be given by mailing a copy of the notice of appeal to the party's attorney of record or, if the party is not represented by an attorney, then to the party at the party's last known address, and such notification is sufficient notwithstanding the death of the party or the party's attorney prior to the giving of notification.

(d) Docket entries. The Clerk of Court shall note in the appropriate docket the names of the parties to whom notices of appeal and citations have been mailed, the date of mailing, and dates when citations for the record issued and were returned.

(e) Certified copy of the record. Upon the filing of the notice of appeal, the Clerk of Court shall forthwith issue a citation to the custodian of records for the agency below. The citation shall direct such custodian to send to the Family Court of the county out of which the citation has issued, together with the citation, within 20 days from service thereof, a certified copy of the record of the proceedings below including exhibits.

(f) Procedure for handling appeals. Appeals shall be heard and determined as provided by statute. The appellee's reply to appellant's appeal shall be filed within 20 days of the date the notice of appeal was mailed to appellee. The answer shall contain a certificate or affidavit of service as provided by Rule 5.

(g) Dismissal. At any time before the filing of the appellee's response, an appellant may dismiss his or her appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk of Court, and paying the costs. Otherwise, a voluntary dismissal may be made only upon stipulation of all parties to the proceeding and with the approval of the Court.

The Court may order an appeal dismissed, sua sponte, or upon a motion to dismiss by any party. Dismissal may be ordered for untimely filing of an appeal, for failure of a party to diligently prosecute the appeal, for failure to comply with any rule, statute or order of the Court or for any other reason deemed by the Court to be appropriate. In the event that the Court shall conclude, sua sponte, that dismissal is appropriate, a notice shall be forwarded to the appellant directing that he show cause why the appeal should not be dismissed for the reasons stated in the notice. The notice shall direct the appellant to respond within 10 days after receipt of the notice. After consideration of such response, the Court shall enter an order dismissing the appeal or maintaining jurisdiction of the case. If a response is not filed within the time allowed, the dismissal shall be deemed to be unopposed. If the Court is satisfied that the appeal should be dismissed it shall enter an order of dismissal. Upon entry of any order of dismissal, the Court shall specify the terms thereof.

Del. Fam. Ct. R. Civ. P. 72

Amended November 10, 2016, effective 1/9/2017.