(a)Nonrefundable filing fee. -Except in appeals originating from the Industrial Accident Board and the Unemployment Insurance Appeal Board, a party filing a notice of appeal, or other proceeding, shall pay to the Clerk the sum of $500 and a $10 Court Security Assessment which shall be maintained in a separate account designated as "Court Security Assessment Fund." This fee is nonrefundable. No other fee shall be assessed against a party except under paragraph (b)(ii).(b)Schedule of fees. -(i) The fees charged by the Clerk to nonparties to the appeal shall be as follows: For a Clerk's certificate of good standing ______________________________________ | ___________________________________ $10.00 |
For a copy of any paper, per page (including opinions and orders) ______________________________________________________ | _____________________________________ $1.00 |
Admission to the Delaware Bar ______________________________________________ | __________________________________ $150.00 |
Replacement Bar Admission Certificate _______________________________________ | ___________________________________ $50.00 |
(ii) Special items of costs in special cases shall be based upon bills submitted to the Clerk, or upon a special order of the Court, as the case may be.(c)Appeals and certiorari from this Court. -In all proceedings on appeal or writ of certiorari from this Court to the Supreme Court of the United States, the Clerk of this Court shall be paid the costs, as estimated by the Clerk, of preparing and certifying the Clerk's transcript before the transcript is transmitted to the Supreme Court.(d)Costs allowed to a party. -Except as otherwise provided by law, or as otherwise ordered by the Court, costs shall be allowed as follows: If an appeal is dismissed, costs shall be taxed against the appellant; if a judgment is affirmed, costs shall be taxed against the appellant; if a judgment is reversed, costs shall be taxed against the appellee; if a judgment is affirmed in part and reversed in part, costs shall be allowed as ordered by the Court. Costs in original proceedings or proceedings on certification shall be determined by the Court in each instance. The costs shall normally include the amounts charged for fees under paragraph (b) of this rule and such other expenses as shall be incurred and certified by the Clerk of this Court, or the clerk of the trial court.(e)Costs for or against the State. -In a case in which the State of Delaware or an agency or officer thereof is a party, if an award of costs against the State is authorized by law, costs shall be awarded in accordance with the provisions of paragraph (d); otherwise, costs shall not be awarded for or against the State of Delaware.(f)Frivolous appeals. -The Court may in any case involving a frivolous appeal, enter a special order assessing costs in addition to those provided for by paragraph (d) as justice may require. Such additional costs may, in the discretion of the Court, include the costs incurred in the preparation and transmission of the record, the cost of the transcript and the reasonable expenses of any appellee. An appellee that wishes to recover costs and reasonable expenses, including attorneys' fees, under this rule must file a motion that conforms with the requirements of Rule 30 by the deadline for the filing of the reply brief. Rule 30 governs the form, contents, and timing of the response and reply to the motion.(g)Reimbursement of filing fee. -If a judgment of the trial court is reversed and costs are assessed against the appellee, the Clerk shall certify in the mandate the filing fee collected under paragraph (a) in this Court which is to be collected in the trial court for reimbursement of the party who paid the filing fee.(h)Indigents. -Upon application of a party claiming to be indigent, the Court may authorize the commencement of an appeal or original proceeding before the Court without prepayment of fees, costs or security by a person who files a motion and sworn affidavit in accordance with 10 Del. C. §§ 8802-04 and Supreme Court Official Form Q. The sworn affidavit must be sufficient to allow the court to determine the ability of the affiant to pay all or any portion of the court costs and fees associated with the proceeding before the Court.Subsection (b)(i) amended, effective 12/14/2004; subsection (a) amended, effective 10/17/2008; subsection (h) amended effective 1/14/2013; subsection (a) amended effective 9/1/2015; subsection (b)(i) amended effective 8/15/2018; amended June 14, 2021, effective 7/6/2021.