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DE HB43

Bill

Status

Passed

5/22/2025

Primary Sponsor

Eric Morrison

Click for details

Origin

House of Representatives

153rd General Assembly

AI Summary

  • Establishes an "inmate mailbox rule" for pro se inmates filing appeals from Superior Court in criminal actions, allowing the filing date to be the date placed in the institution's internal mail system rather than when received by the court

  • Requires first-class postage to be prepaid for the appeal to qualify under the inmate mailbox rule

  • Mandates that inmates include a receipt from institution staff verifying the date and time the appeal was placed in the internal mail system

  • Requires correctional institution staff to provide inmates with a receipt containing the staff member's name, date and time of submission, and case number

  • Maintains the existing 30-day deadline for filing appeals from Superior Court criminal judgments, but changes how that deadline is measured for incarcerated pro se filers

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Appeals.

Last Action

Signed by Governor

5/22/2025

Committee Referrals

Judiciary3/13/2025
Judiciary3/6/2025

Full Bill Text

No bill text available