The Delaware Supreme Court has thrown out its previous rule regarding interlocutory appeals in favor of a new version set to take effect this week that seeks to limit such filings to “exceptional” circumstances.
The court announced in an April 30 order that Supreme Court Rule 42 was stricken and would be replaced with a new version aimed at clarifying when the court will accept an interlocutory appeal. There will be a one-year review period to determine whether additional changes are necessary to “discourage” meritless applications for interlocutory appeal.
