Ameliorating the relative paucity of case law on the prerequisites for successfully motioning the Delaware Supreme Court for approval to file an amicus curiae brief, is a recent Order in the matter styled In re Verizon Insurance Coverage Appeals, Nos. 558, 560, 561, 2018, Order (Del. Feb. 21, 2019). The Delaware Supreme Court via this Order denied a motion to file an amicus brief by a trade association because the proposed amicus brief: (i) addressed an issue not raised in the Opening Brief; (ii) was duplicative of the Opening Brief; and (iii) did not offer unique supplemental assistance to the court.
A specific Delaware Supreme Court rule addresses motions to file an amicus brief, but does not provide much amplification. In this Order, Delaware’s high court cited Turnbull v. Turnbull, 644 A.2d 1322, 1324 (Del. 1994), regarding prerequisites for filing an amicus brief beyond what is stated in the court rule.