Rule 73.1 – Deposit for Fees and Costs of Appeals

May 15, 2021 | Delaware, Family Law

Following the docketing of an appeal by a party pursuant to Rule 73, the Clerk of the Court shall demand and receive from the appellant by a day certain a deposit which the Court deems necessary to defray the fees and costs incurred in preparing the record for appeal, including an estimated amount for preparation of the certified transcript of the testimony where required, and in default thereof no services shall be performed by the Clerk in preparing the record for appeal.

The Clerk shall apply the deposit from time to time in payment of such fees and costs and shall return to the appellant any balance remaining after completion of the preparation of the record for appeal. If the deposit is expended in the payment of the fees and costs as said fees and costs accrue from time to time, the Clerk shall demand and receive sufficient amounts which the Court deems necessary to defray the fees and costs for additional services, before any such additional services shall be performed by the Clerk.

Del. Fam. Ct. R. Civ. P. 73.1