Rule XII - Decisional Conference Procedure(1)Post-argument. As previously discussed in Section V, in cases where oral argument is held, the first time the Justices exchange opinions concerning the merits of a case is ordinarily at a post-argument conference held immediately after, or closely following, the oral argument. The Justice who presided at the argument initiates the discussion. That senior Justice invites comments on the case and a tentative vote by each of the other Justices. The Justices ordinarily comment and cast tentative votes in reverse order of seniority. (2)Submission on briefs. A corresponding decisional conference, in person, by telephone, or in writing, is held in cases heard on the briefs, generally on the same day those cases are submitted or closely following the submission date.(3)Assignment of disposition. If the Justices are in agreement, the panel then decides how the decision of the Court should be announced: i.e., through a signed opinion, per curiam opinion, or order. The presiding Justice then assigns the case to a member of the panel for preparation of a proposed order or opinion. If there is a dissent or potential dissent in a case heard by a three-Justice panel, the Chief Justice is notified by the presiding Justice, the case is put down for rehearing en banc, and no assignment is made. (4)Tentative views. Any of the Justices, including the Justice assigned to write the order or the opinion, may change her mind while the opinion or order is being prepared or after a draft has been circulated. Continuing written or oral communications among the panel about the opinion or order while it is being drafted are common. If at any time before the release of the opinion or order, the three Justices cease to be unanimous in their view of the resolution of the case or it becomes apparent that a prior precedent may be modified or overruled, an en banc rehearing is ordered. (5)Issuance of decision. (a) Notifying counsel. The opinions and orders containing final decisions issued under Supreme Court Rule 17 are electronically filed, and counsel receive the decisions through File and Serve Xpress. Pro se litigants who do not have a File and Serve Xpress account receive copies of court decisions by first class mail. Telephone notification may also be made by the Clerk's office, the Chief Staff Attorney, or a Justice's chambers staff. (b) Notifying trial court. The named author of the decision provides a copy of the final decision through File and Serve Xpress to the trial judge. (c) Notifying public. Copies of all final decisions are provided to the Court Administrator's assistant for posting on the Court's website.(6)Issuance of mandate.(a) Unless a motion for reargument or a motion for rehearing en banc is filed, a mandate shall issue upon the expiration of the 15-day period allowed for such motions. (b) Immediately. The Court sitting as a panel or en banc routinely issues the mandate "forthwith," immediately following the announcement of an oral decision in an expedited proceeding. See, e.g., Paramount Commc'ns, Inc. v. Time, Inc., 571 A.2d 1140 (Del. 1990); Mills Acquisition Co. v. Macmillan, Inc., 559 A.2d 1261, 1265 n.2 (Del. 1988). (c) Expedited. The Court has the authority to reduce the time in which the mandate will issue for other reasons, such as the retirement of a Justice.Del. Sup. Ct. Int. Opp. P. XII
Adopted effective 6/18/2015