Rule 107 – Briefs; Letter Memoranda

May 15, 2021 | Delaware, Family Law

(a) Number. The original and a copy of all briefs and letter memoranda shall be filed with the Clerk of the county in which the case is pending, and the Clerk shall deliver the original of each brief to the appropriate judge; if more than one judge is sitting at the argument of a case, sufficient number of copies shall be filed for delivery to each additional judge. A copy of every letter from counsel to the Court containing argument shall be sent to the Clerk for filing in the cause.

(b) Time of filing. Unless otherwise ordered by the Court, all briefs and letter memoranda shall be filed and copies supplied to counsel for the opposing parties not less than 5 days before the argument to which they pertain, if any.

(c) Form. All briefs and letter memoranda shall contain the following information:

(1) a. The name of this Court.

b. The title of the case and its number in this Court.

c. The name and addresses of counsel for the party submitting the brief with the office addresses of any counsel resident outside the State.

(2) Briefs may be printed, typed, or handwritten and reproduced by any duplicating or copying process which produces a clear, black image on opaque, unglazed white paper. Carbon copies of briefs may not be submitted without permission of the Court. All printed matter must appear in at least 11 point type on opaque, unglazed paper.

(3) All briefs shall be firmly bound at the left margin. Printed briefs shall have pages approximately 7 by 91/2 inches. Briefs produced by any other process shall have pages not exceeding 81/2 by 11 inches with double spacing between each line of text except for quotations and footnotes. Side margins of briefs shall be not less than 11/2 inches.

(4) It is permissible for any brief or legal memorandum to include material printed, typed, or handwritten on 1 side or both sides of the page, provided legibility is maintained.

(5) Form of citations. The following shall be the form of citations:

(i) Reported Opinions. The style of citation shall be as set forth in “The Bluebook: A Uniform System of Citation,” with no reference to the State Reporter Systems or other parallel citations. For example:

Melson v. Allman, Del.Supr., 244 A.2d 85 (1968)

Prince v. Binsinger, Del.Ch., 244 A.2d 89 (1968)

State v. Pennsylvania Railroad Co., Del.Super., 244 A.2d 80 (1968)

Jones v. Jones, Del.Fam., 244 A.2d 78 (1968)

Cases with citations to computer reported systems; e.g., Westlaw, Lexis, and Fastcase shall be cited as set forth below:

LEXIS Citation Form: C. C. C. v. A. C. S., 2017 Del. Fam. Ct. LEXIS 16 (Del. Fam. Ct. Aug. 29, 2017). Westlaw Citation Form: C. C. C. v. A. C. S., 2017 WL 3867826 (Del. Fam. Ct. Aug. 29, 2017). Fastcase Citation Form: C. C. C. v. A. C. S., File No.: CS03-06009, Petition No. 17-10754 (Del. Fam. Ct. Aug. 29, 2017) (Fastcase).

(ii) Unreported Opinions. The style of citation shall be as set forth below: Delaware Citation Form: Fox v. Fox, Del., No. 510, 1997, Berger, J. (May 14, 1998). C. C. C. v. A. C. S., Del. Fam., File No. CS03-06009, Newell, C.J. (Aug. 29, 2017).

(iii) Other Authority. The style of citation to any other type of authority, including but not limited to statutes, books, and articles, shall be as set forth in “The Bluebook: A Uniform System of Citation.”

(d) Contents. All briefs shall contain the following matter arranged in the following order:

(1) A table of contents or index.

(2) A table of citations arranged alphabetically and indicating the pages of the brief on which each cited authority appears.

(3) In the first brief of each party, a statement of the case, including a statement of the nature of the proceedings and a concise chronological statement, in narrative form, of all relevant facts with page references to the transcript of testimony, if any, and to any pleadings and exhibits.

(4) A statement of the questions involved.

(5) Argument, divided into sections under appropriate headings, one section to be devoted to each of the questions involved.

(e) Failure or neglect to file briefs. If any brief or letter memorandum is not served and filed within the time and in the manner required by these Rules or in accordance with any order of the Court or stipulation of counsel, the Court may, in its discretion, dismiss the proceeding if the petitioner is in default, consider the motion as abandoned, or summarily deny or grant the motion, such as the situation may present itself, or take such other action as it deems necessary to expedite the disposition of the case. Upon the showing of good cause in writing, the Court may permit late filing of any of the aforesaid papers and pursuant to a written rule or order. This Rule shall not be deemed to affect any other Rule or Rules of the Court specifically providing for the time in which to file motions to which there may be attached briefs, affidavits and/or memoranda.

(f) Unreported opinions. If an unreported or memorandum opinion is cited, a copy thereof shall be attached to the brief, and the file number in which it was filed shall be stated. If such opinion does not contain a sufficient statement of the facts to demonstrate its pertinency to the pending argument, a statement of the facts shall also be attached to the brief. If the citation is first made in a reply brief, the opposing party may discuss the opinion at oral argument, if any, or, upon application made promptly thereafter, may be given the opportunity to do so in writing.

(g) Length of briefs. Without leave of Court, an opening or answering brief shall not exceed a total of 35 pages and a reply brief shall not exceed 20 pages, exclusive of appendix. In the calculation of pages, the material required by paragraphs (d)(1) and (2) of this Rule is excluded and the material required by paragraphs (d)(3) through (5) of this Rule is included.

Del. Fam. Ct. R. Civ. P. 107

Amended October 8, 2018, effective January 2, 2019.