Other than the relatively sparse wording of Rule 28 of the Delaware Supreme Court on the topic, there is a relative paucity of commentary or case law to provide practical, detailed guidance on the requirements for obtaining approval to file an amicus curiae brief before the Delaware Supreme Court, and related instructions for the permissible contents of the brief are.  A recent Order from the Delaware Supreme Court in the matter styled: In re Solera Insurance Coverage Appeals, Nos. 413-2019; 418-2019 (Del. Supr., Feb. 28, 2020), cites to the two leading Supreme Court opinions that provide some guidance, but this recent Order also provides additional guidance and explains why the motion to file an amicus curiae brief was denied.

For example:  A proposed amicus curiae  brief cannot: (i) raise an issue not included in the Opening Brief; (ii) duplicate arguments already made in the parties’ briefs; or (iii) fail to provide “unique supplemental assistance” in a case involving a question of “general public importance.”