(1)Form of opinions.(a) Identified author. The primary author is identified on the first page of the opinion. (b) Per curiam opinions. A per curiam opinion may be used for affirming, reversing, remanding, or dismissing an appeal. Per curiam opinions are generally used when the Court wishes to speak with one voice, especially in disciplinary matters. (c) Special contents. Each written opinion of the Court shall include immediately under the caption of the case: (i) the date of submission of the matter for decision;(ii) the date the opinion is filed; and(iii) the name of the attorneys appearing on the briefs for each party and, if the case was argued, who presented the oral argument by a parenthetical to that effect after their names. (2)Circulation of opinions for approval. (a) Review of a draft is given priority. After the draft opinion or order has been prepared, the Justice who was the named author circulates it to the other members of the panel only, with a request for approval or suggestions. Answering this request is given the highest priority by the other Justices, who shall communicate in writing their approval, disapproval, or suggestions within a few days of receipt of the draft opinion or order. (b) Suggestions for modification. Because it is the decision of the Court, other members of the panel are free to make any suggestions relating to the modification of, addition to, or subtraction from the proposed text. A Justice proposing a textual revision or addition typically submits modifications in specific language capable of being inserted into the opinion or order. When the other Justices approve the suggestions, the draft becomes the opinion or order of the Court. (3)90-day period and draft decision-writing. The Justice who will be the named author is expected to transmit to the panel a draft opinion or order sufficiently far in advance to permit the final opinion or order to issue within ninety days after submission or after any supplemental briefing has been filed or other factors that suspend the drafting process. (4)Procedure for approval. The Justice assigned to prepare the opinion furnishes each member of the panel with a copy of the proposed opinion. The panel members indicate their approval, disapproval, or comments in writing.(5)Concurring and dissenting opinions. If a member of a three-Justice panel desires to concur separately, the Justice not joining in the opinion or order notifies the writing Justice promptly and transmits those separate views to the panel. Panel opinions shall not be issued until each member has had an opportunity to respond to the other panel members in writing. The same procedure is followed for concurring and dissenting opinions in an en banc proceeding.(6)Filing of opinions and orders. Opinions and orders of the panel that unanimously affirm or reverse the trial court or dismiss the appeal are filed with the Clerk by the Justice who is the named author. (7)Publication of opinions and orders. The Clerk's office promptly forwards to any publisher designated by the Court all opinions and case-dispositive orders designated for publication and also ensures that a copy of the decision is available on the Court's website.Del. Sup. Ct. Int. Opp. P. XIII
Adopted effective 6/18/2015