Appeals, Certifications and Mandates

Court of Chancery Rules

Rule: 72

Jurisdiction: DE

Bluebook Citation: Del. Ct. Ch. R. 72

(a) Appeals to Court of Chancery. The procedure in cases appealed to the Court of Chancery shall be as heretofore. (b) Procedure of Certification. A party filing a petition requesting this Court to certify a question to the Supreme Court shall set forth therein the facts and issues at such length and with sufficient clarity to enable this Court to make a finding necessary to warrant a certification under the terms and conditions of the rule of the Supreme Court governing certification. There shall be attached to such petition a proposed form of certification. In the event the Court enters an order of certification the petitioner shall file with the Register the copies necessary to conform to the requirements of the Supreme Court rule. (c) Supreme Court Mandate; Action in this Court Thereon. Upon receipt of a mandate from the Supreme Court, the Register shall immediately mail notice thereof to the Delaware attorneys involved or if not represented by Delaware attorneys to the parties. The notice shall direct the attorneys or the parties to proceed in accordance with this Rule. In any case where the judgment of this Court shall have been reversed or modified or in any case where further proceedings are necessary an appropriate order shall be prepared by counsel and submitted to the Court. Rule 73. Appeal to a Court of Appeals Omitted.

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