Del. R. Sup. Ct. 10.1

As amended through November 14, 2024
Rule 10.1 - Electronic filing
(a) The electronic filing of documents in the Supreme Court of the State of Delaware shall be referred to as "eFile" or "eFiling".
(b) Every appeal of a case that is subject to eFiling in the trial court shall be subject to eFiling in the Supreme Court. In addition, when the Supreme Court determines that it is appropriate for any case, or category of cases, to follow the procedures for eFiling, the Court shall designate it as an eFile case or category of cases.
(c) A technology surcharge of $1.50 per document shall be assessed in each eFile case for the purpose of a fund to operate the eFiling system. The Court shall expend the funds solely for the purpose of operating and maintaining the eFiling system. The technology fee is not imposed on filings by Arms of the Supreme Court, by the Department of Justice or by indigent parties or their counsel.
(d) No Delaware lawyer shall authorize anyone to eFile on that lawyer's behalf, other than an employee of his/her law firm or service provider retained to assist in eFiling.
(e) No person shall utilize, or allow another person to utilize, the password of another in connection with any eFiling.
(f) The eFiling of a document by a lawyer, or by another under the authorization of a lawyer, shall constitute a signature of that lawyer under Rule 12.
(g) All eFilings must be signed by a member of the Delaware Bar or party not represented by an attorney in accordance with the eFile administrative procedures.
(h) Every document that is eFiled shall be served upon every other party. Unless otherwise ordered, the electronic service of a document, in accordance with the eFile administrative procedures, shall be considered service under Rule 10. Service by electronic means shall be treated in the same manner as service by mail for the purpose of adding 3 days to the prescribed period to respond, as set forth in Rule 11(c).

Del. R. Sup. Ct. 10.1

Adopted effective 10/24/2005. Documents in any appeal commenced before the effective date of this Rule shall continue to be filed conventionally unless the case is designated as an eFile case by the Court.

O R D E R

This 25th day of April, 2006, IT IS HEREBY ORDERED pursuant to Supreme Court Rule 10.1(b) that all new civil appeals from the Court of Chancery and the Superior Court filed on or after June 1, 2006 shall be subject to eFiling in the Supreme Court.

O R D E R

This 7th day of September, 2006, IT IS HEREBY ORDERED pursuant to Supreme Court Rule 10.1(b) that all appeals from the Court of Chancery, the Superior Court, and the Family Court filed on or after December 4, 2006 shall be subject to eFiling in the Supreme Court.

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