Rule 25 - Expedited procedure(a)Motions to affirm in certain criminal cases. - Motions to affirm may be filed in appeals of criminal matters other than direct appeals of convictions after trial and timely first motions for postconviction relief under Superior Court Criminal Rule 61 when there was a conviction after trial. The following procedures shall apply to motions to affirm. Within 10 days after service of appellant's opening brief, appellee may, in lieu of a brief, serve and file a motion to affirm the judgment or order of the trial court. The motion shall conform to the form requirements of Rule 13. Motions to affirm of unrepresented parties without access to a word processing program are subject to the four-page limitation set forth in Rule 30(c). Motions to affirm of all other parties are subject to the 1,200 word count and requirements set forth in Rule 30(d). The filing of the motion tolls the time for filing of appellee's brief. If there is more than one appellee in an appeal, the filing of a motion to affirm by one appellee tolls the time for the filing of all the appellees' briefs. The sole ground for such motion shall be that it is manifest on the face of appellant's brief that the appeal is without merit because: (i)Law settled. -The issue on appeal is clearly controlled by settled Delaware law;(ii)Factual issue. -The issue on appeal is factual and clearly there is sufficient evidence to support the jury verdict or findings of fact below; or(iii)Exercise of discretion. -The issue on appeal is one of judicial discretion and clearly there was no abuse of discretion. The motion to affirm shall state the ground or grounds on which it is based together with citation of authorities and record references to evidence relied upon. There shall be no briefing, argument or response to the motion, unless requested by the Court. If the motion to affirm shall be granted by unanimous action of a panel of the Court an order or opinion will be entered and a mandate will issue thereon; if the motion shall not be unanimously granted, it shall be denied. If the motion shall be denied, the appellee's brief will be due within 20 days after such denial, and the appeal will proceed through briefing, scheduling and disposition as provided by these Rules. The motion to affirm shall be substantially in the form set forth in Official Form G. A motion to affirm shall not be accompanied by a proposed form of order.(b)Motions to affirm denials of petitions for extraordinary writs in civil cases. -Motions to affirm may only be filed in civil appeals from orders denying petitions for extraordinary writs. The procedures and standards for motions to affirm in these civil cases are set forth in subparagraph a. In all other cases in which a party seeks expedited resolution of a civil appeal, the party shall follow the procedures set forth in subparagraph e.(c)Affirmance sua sponte. -After filing of the appellant's opening brief, a panel of the Court by unanimous action may, sua sponte, enter an order or opinion affirming the judgment or order of the trial court for the reason that it is manifest on the face of the appellant's opening brief that the appeal is without merit because:(i)Law settled. -The issue on appeal is clearly controlled by settled Delaware law;(ii)Factual issue. -The issue on appeal is factual and clearly there is sufficient evidence to support the jury verdict or findings of fact below; or(iii)Exercise of discretion. -The issue on appeal is one of judicial discretion and clearly there was no abuse of discretion.(d)Oral argument without briefs. -In any case where the parties so stipulate and the Court approves, or upon the Court's order sua sponte, an appeal may be heard by the Court on oral argument without briefs, or with limited briefs or other submission to the Court. Any such stipulation shall be presented to the Court not later than the time when the first brief is otherwise due to be served and filed.(e)Expedited scheduling. -Upon motion for good cause shown or upon the Court's order sua sponte, the Court may order an expedited schedule of any or all procedures, including a shortened time for the filing of briefs and other papers, in any appeal or other proceeding.Amended effective 6/1/2015; amended September 29, 2016, effective 10/3/2016; amended May 7, 2018, effective 5/7/2018.