SUPREME COURT
Notice of Appeal Filing Fee
There is a non-refundable $450 filing fee and a $10 Court Security Assessment that
must be paid at the time a notice of appeal or notice of cross-appeal
is filed with the Delaware Supreme Court. Payment of the filing
fee is not required for appeals from decisions of the Industrial
Accident Board or the Unemployment Insurance Appeal Board. The
filing fee generally is the only fee charged by the Supreme Court.
If you believe that you are indigent and are unable to pay the
filing fee, you may file a motion to proceed in forma pauperis,
which contains an affidavit of indigency. The personal information
you provide in the motion and affidavit will help the Court decide
whether you will be excused from paying the filing fee. A copy
of the motion and affidavit, just like any document you file with
the Supreme Court, must be served on the opposing party's lawyer,
or the opposing party directly if the opposing party is not represented
by a lawyer.
The Supreme Court may waive the $460 filing fee. The waiver of
this fee, however, does not waive any other fees or costs that
may be associated with your appeal. For instance, there may be
a fee charged by the court below for transmitting the record on
appeal to the Supreme Court. There also may be costs if you order
the transcript from the proceedings below. None of these fees
or costs, which are imposed by the court below, can be waived
by the Supreme Court.
If you mistakenly file a notice of appeal from an unappealable
interlocutory order and your appeal is dismissed for failure to
comply with Supreme Court Rule 42, the Supreme Court may transfer
the filing fee you paid to any later-filed appeal from a final
order in the same case.
