10 Del. C. § 512 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 512
§ Â
        512. Jurisdiction and powers of Commissioners of the Superior Court.
Status: in_force

(a) Each Commissioner serving under this chapter shall have:

(1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Superior Court;

(2) The power to administer oaths and affirmations, issue orders pursuant to Chapter 21 of Title 11 concerning release or detention of persons pending trial, and take acknowledgements, affidavits and depositions;

(3) The power to accept pleas of not guilty to any offense within the jurisdiction of the Superior Court and to appoint counsel to represent indigent defendants;

(4) The power to accept a plea of guilty to a misdemeanor or violation and, with the consent of the parties, to enter a sentence thereon.

(b) Commissioners may be designated to perform the following with the approval of the President Judge or his or her designee:

(1) a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except a motion for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this paragraph (b)(1)a. where it has been shown that the Commissioner’s order is based upon findings of fact that are clearly erroneous, or is contrary to law or an abuse of discretion.

b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted in paragraph (b)(1)a. of this section or of applications for postconviction relief made by individuals convicted of criminal offenses.

c. The Commissioner shall file proposed findings and recommendations under paragraph (b)(1)b. of this section with the Court and shall mail copies forthwith to all parties.

d. Within 10 days after being served with a copy of proposed findings and recommendations under paragraph (b)(1)b. of this section any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court. A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instructions.

(2) A judge may also designate a Commissioner to serve as a special master or master pro hac vice pursuant to the applicable provisions of the Rules of Civil Procedure for the Superior Court.

(3) A Commissioner may be assigned such additional duties by the President Judge, including assignment to the Court of Common Pleas upon designation by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit in the Court of Common Pleas may exercise in that court the powers and duties set forth in paragraphs (a)(2), (4) and (b)(1) of this section.
10 Del. C. § 1991 — Delaware Code / Title 10 / Chapter 19 / Subchapter VII / Section 1991
§ Â
        1991. Appointment of commissioner or commissioners; term, vacancies and qualifications.
Status: in_force

(a) The Governor shall appoint a commissioner or commissioners, only when so requested by the governing body, for a term of 4 years with the consent of a majority of all of the members elected to the Senate. Upon second and subsequent appointments and confirmations, a commissioner shall hold office for a term of 6 years.

(b) Vacancies in office shall be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate.

(c) A commissioner must be a resident of the municipality or the county over which the court to which the commissioner is to be appointed has jurisdiction.
10 Del. C. § 4909 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4909
§ Â
        4909. Neglect of duty by freeholders; penalty.
Status: in_force

Whoever, being a freeholder, neglects or refuses to perform the duties required by this subchapter, shall be fined not more than $5.00.
10 Del. C. § 7901 — Delaware Code / Title 10 / Chapter 79 / Section 7901
§ Â
        7901. Right of entry.
Status: in_force

No person shall make an entry into any lands, tenements, or hereditaments, but within 20 years next after the person’s right or title to the same first descended or accrued.
10 Del. C. § 2101 — Delaware Code / Title 10 / Chapter 21 / Section 2101
§ Â
        2101. Compensation.
Status: in_force

The Sheriffs of New Castle, Kent and Sussex Counties shall only receive compensation for the performance of their official duties in the form of an annual salary as fixed by their representative county governments. The New Castle County government, the Kent County Levy Court, and the Sussex County Council shall set the annual salaries for each representative sheriff. The sheriffs shall henceforth not be allowed to keep or retain as additional compensation any fees, costs, allowances and other perquisites paid to or collected by them for any service rendered by them as county officers or rendered by them in the name of their office.
10 Del. C. § 5354 — Delaware Code / Title 10 / Chapter 53A / Section 5354
§ Â
        5354. Validity of unsworn declaration.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, if a law of this State requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.

(b) This chapter does not apply to:

(1) A deposition;

(2) An oath of office;

(3) An oath required to be given before a specified official other than a notary public;

(4) A declaration to be recorded pursuant to Title 25; or

(5) An acknowledgement or affidavit required by § 1305 of Title 12.
10 Del. C. § 6204 — Delaware Code / Title 10 / Chapter 62 / Section 6204
§ Â
        6204. âVacationâ defined.
Status: in_force

“Vacation” shall mean the abandonment of the dedication covenant to any county or municipality in any dedicated property accepted by a county or municipality when said county or municipality, legal title holder or abutting landowner has clearly shown an intent to abandon through lack of use, care or maintenance thereof any dedicated property originally created solely for public use.
10 Del. C. § 7131 — Delaware Code / Title 10 / Chapter 71 / Section 7131
§ Â
        7131. Liability for damage to closed properties.
Status: in_force

(a) A court-ordered closing of a premises or portion thereof pursuant to this chapter shall not constitute an act of possession, ownership or control by the Court, the plaintiff or any government official or entity responsible for enforcing the court order.

(b) Any person or entity bringing, maintaining or enforcing any civil action or order issued in accordance with the provisions of this chapter shall have immunity from any civil liability that might otherwise be incurred for any theft of, or loss, damage or injury to any premises constituting the criminal nuisance, or to any fixture, furniture, personal or movable property located in or on any such premises.
10 Del. C. § 1321 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1321
§ Â
        1321. Scope of jurisdiction and process.
Status: in_force

The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.
10 Del. C. § 1328 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1328
§ Â
        1328. Civil actions; demand for jury trials; waivers; removal to Superior Court.
Status: in_force

(a) Every person who commences a civil action in this Court shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person’s original pleading is directed.

(b) Except as otherwise provided in this chapter any party other than the party commencing the action may demand a trial by jury of an issue triable of right by a jury by serving upon the other parties a demand therefor in writing and depositing with the Clerk of the Court the amount necessary for the commencement of an action in Superior Court. Such demand shall be served and filed and the necessary amount deposited with the Clerk, not later than 5 days after the service of the last pleading directed to such issue. The demand for jury trial may be endorsed upon a pleading of the party, provided it is typed or written on the first page of the pleading immediately following the caption of the case.

(c) The failure of a party to serve and file a demand for trial by jury or to deposit the necessary amount in accordance with the requirements of this section constitutes a waiver of trial by jury.

(d) Upon demand for trial by jury as provided in this section, the Clerk of the Court shall forthwith transmit all records in the matter and the amount necessary for commencement of an action in Superior Court to the prothonotary of the county in which the action has been commenced. Following such removal, proceedings shall continue as though the action has been commenced in Superior Court.
10 Del. C. § 4811 — Delaware Code / Title 10 / Chapter 48 / Section 4811
§ Â
        4811. Statute of limitations.
Status: in_force

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
10 Del. C. § 4975 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4975
§ Â
        4975. Officer conducting sale as barred from purchasing.
Status: in_force

A sheriff, constable, or other person making sale of goods and chattels by virtue of any process, or order, shall not either directly, or by the agency of another, purchase any of such goods or chattels. Any person offending against this section, shall forfeit and pay double the value of the goods, or chattels, so purchased, to be recovered as debts of like amount are recoverable, one half for the use of the State, and the other half for the use of the person suing.
10 Del. C. § 1986 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI-A / Section 1986
§ Â
        1986. Officer in charge; preparation.
Status: in_force

Whenever an order is made under this subchapter for the making of any index or indices, the prothonotary in the county in which such records are kept shall make the index or indices or cause the same to be made pursuant to this subchapter and such order. The prothonotary may procure all books necessary for such purpose, the cost of which shall be paid by the prothonotary.
10 Del. C. § 923 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 923
§ Â
        923. Jurisdiction over matters begun prior to this chapter.
Status: in_force

The Court shall have jurisdiction to hear and decide all matters before the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties which had not been disposed of prior to the effective date of this chapter.
10 Del. C. § 9578 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9578
§ Â
        9578. Survival of actions; parties.
Status: in_force

(a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend.

(b) To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said . . . . . . . . . . . ., deceased, in his or her lifetime, and was pending at his or her death; to which the said . . . . . . . . . . . . executor (or administrator) is required to become a party.”

(c) The summons shall be returnable as other original summons; and on service made, the executor, or administrator, shall be made a party, and the same proceedings had as in other cases.
10 Del. C. § 5102 — Delaware Code / Title 10 / Chapter 51 / Section 5102
§ Â
        5102. Civil actions where defendant resides in another county.
Status: in_force

Wherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizens resides at the time of the inception thereof, the plaintiff shall not recover costs and such costs shall not be payable by the defendant nor collectible by execution process.
10 Del. C. § 5206 — Delaware Code / Title 10 / Chapter 52 / Section 5206
§ Â
        5206. Asserting and defending foreign-money claim.
Status: in_force

(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.

(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.

(c) A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.

(d) The determination of the proper money of the claim is a question of law.
10 Del. C. § 1902A — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1902A
§ Â
        1902A. Removal of criminal actions from courts lacking criminal jurisdiction.
Status: in_force

(a) “Court of competent jurisdiction” shall mean the state court where criminal jurisdiction lies under either Title 4, Title 11 or any other Delaware statute vesting criminal jurisdiction.

(b) “State court” shall mean the Justice of the Peace Courts, Family Court, or Court of Common Pleas.

(c) No criminal action, complaint, or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without criminal jurisdiction. Upon certification by the Criminal Clerk of Court to the sitting judge of the court in which the complaint, action, or other proceeding is pending averring that the court is without criminal jurisdiction, the judge may administratively issue an Order of Transfer and transfer the criminal proceeding to the court of competent criminal jurisdiction.

(d) Likewise, at any time during the proceedings pending of a criminal action, complaint or other proceeding and the prosecution or defense counsel presents an oral or written motion to the judge indicating that the court where the proceedings are pending lacks criminal jurisdiction, the judge shall issue an Order of Transfer to the state court which has criminal jurisdiction. The case shall then be forthwith be transferred by the criminal clerk to the court of competent criminal jurisdiction.

(e) In both subsections (c) and (d) of this section, the bond and all pretrial conditions by a state court imposed upon the defendant shall remain in full force and effect and shall not be discharged pending transfer.

(f) The transfer of a pending criminal action, complaint, other proceeding under this statute shall be made only when the court lacks criminal jurisdiction.
10 Del. C. § 6202 — Delaware Code / Title 10 / Chapter 62 / Section 6202
§ Â
        6202. Application of chapter.
Status: in_force

(a) This chapter establishes and shall exclusively govern procedures by which a dedication accepted by a county or municipality may be vacated. This chapter shall not apply, however, to the vacation of streets, roads or highways dedicated for the use of the general public or to easements or rights-of-way for drainage or utilities related to said streets, roads or highways.

(b) Neither through the procedures established in this chapter, nor through any other procedure in law or in equity shall the dedication of any parcel of land be vacated, which parcel is part of a public park or recreation area which:

(1) Is 5 acres or more in size; and

(2) Has been operated or maintained as a public park or recreation area for 1 year or longer.
10 Del. C. § 2109 — Delaware Code / Title 10 / Chapter 21 / Section 2109
§ Â
        2109. Reception of sum due on capias ad satisfaciendum.
Status: in_force

Upon arresting a defendant on a writ of capias ad satisfaciendum, the sheriff shall receive the sum due thereon if offered.
10 Del. C. § 4905 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4905
§ Â
        4905. Evaluation of exempt property; selection of freeholders.
Status: in_force

(a) The property exempt and required to be valued by the provisions of §§ 4902 and 4903 of this title shall be valued by 3 judicious and impartial freeholders. One of the freeholders shall be chosen by the creditor having the oldest execution in the hands of the officer holding the writ, 1 other of the freeholders shall be chosen by the debtor, and the other of the freeholders shall be chosen by the officer.

(b) In case the creditor and debtor, or either of them, neglects or refuses to name a freeholder, the officer shall choose for the person neglecting or refusing, and shall give notice to the freeholders thus chosen, in writing, under his or her hand, fixing the time and place in the notice they will be required to meet.
10 Del. C. § 6914 — Delaware Code / Title 10 / Chapter 69 / Section 6914
§ Â
        6914. Delivering copy of warrant or process; penalty.
Status: in_force

Any officer or such officer’s deputy, neglecting for 6 hours after demand, to deliver a true copy of any warrant or process by which the officer detains a prisoner to any person who demands such copy and tenders a reasonable sum for copying the same, shall forfeit and pay to such prisoner $200.
10 Del. C. § 2302 — Delaware Code / Title 10 / Chapter 23 / Section 2302
§ Â
        2302. Deputies and clerks.
Status: in_force

(a) In each county the Judges of the Superior Court resident in the county shall name a chief deputy prothonotary who shall perform such duties as shall from time to time be assigned by such Judges. The compensation of each such chief deputy shall be established by the Judges of the Superior Court resident in the county.

(b) The prothonotaries of the respective counties may select and employ the deputies and clerks listed below:

New Castle County.

(1) An additional chief deputy who shall perform such duties as the prothonotary shall authorize and direct in the administration of the office, and shall perform the duties of the prothonotary in the prothonotary’s absence; and

(2) Such additional personnel as the Judges of the Superior Court resident in New Castle County shall from time to time authorize.
10 Del. C. § 9904 — Delaware Code / Title 10 / Chapter 99 / Section 9904
§ Â
        9904. Time for filing appeal.
Status: in_force

The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from the filing of a notice of appeal by the defendant.
10 Del. C. § 9204 — Delaware Code / Title 10 / Chapter 92 / Section 9204
§ Â
        9204. Place of holding courts.
Status: in_force

The Justice of the Peace Court shall hold court in at least 1 place in Wilmington, 5 places in the remainder of New Castle County, 3 places in Kent County, and 5 places in Sussex County, and in such other places as from time to time shall be designated in the rules.
10 Del. C. § 307 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 307
§ Â
        307. Additional Vice-Chancellors.
Status: in_force

In addition to the Chancellor specifically required by article IV, § 2 of the Delaware Constitution, the Court of Chancery consists of 6 Vice-Chancellors.
10 Del. C. § 4503 — Delaware Code / Title 10 / Chapter 45 / Section 4503
§ Â
        4503. Definitions.
Status: in_force

As used in this chapter:

(1) “Clerk” means the prothonotary of each county, and includes any deputy or clerk in the office of the prothonotary.

(2) “Court” means the Superior Court of the State, and includes any Judge of the Court.

(3) “Juror qualification form” means a form approved by the Court which shall elicit information relevant to the selection of jurors in accordance with this chapter.

(4) “Jury selection plan” means a written plan designed to carry out the policy and the provisions of this chapter.

(5) “Master list” means a list or an electronic system for the storage of the names of prospective jurors selected randomly from the source list.

(6) “Protective hairstyle” includes braids, locks, and twists.

(7) “Qualified jury wheel” means a device or an electronic system for the storage of the names of prospective jurors on a master list who are not disqualified from jury service.

(8) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(9) “Source list” means a list or an electronic system for the storage of the names on the voter registration list which may be supplemented with names from other sources to foster the policy of this chapter.

(10) “Voter registration list” means the current official record of persons registered to vote in a general election.
10 Del. C. § 7002 — Delaware Code / Title 10 / Chapter 70 / Section 7002
§ Â
        7002. Declaration of purpose.
Status: in_force

The State recognizes that certain individuals have served sentences of incarceration, parole, probation, and sex offender registration in the State for crimes they did not commit, and that such individuals have been denied compensation for their wrongful convictions unless they can prove their wrongful incarceration was caused by official misconduct. The State believes that individuals who were innocent of the crimes for which they were convicted suffer long-term hardships as a result of their wrongful convictions, and are entitled to compensation for the sentences they wrongfully served, regardless of whether their convictions resulted from official misconduct. Therefore, this chapter provides compensation to individuals whose convictions have been overturned followed by either acquittal or dismissal of charges, and who are found to have been factually innocent of the crime or crimes at issue, for time that they served sentences due solely to the wrongful conviction.

This chapter denies compensation to individuals who intentionally caused their convictions in order to prevent the convictions of the true perpetrators of the crimes at issue.

The State recognizes that individuals whose convictions are overturned in most cases have been released from prison without any reintegration services, even those services that are routinely provided to releasees whose convictions have not been overturned. The State finds that this lack of services unjustly hampers the ability of these individuals to reintegrate into society. Accordingly, this chapter provides reintegration services to such individuals.
10 Del. C. § 8113 — Delaware Code / Title 10 / Chapter 81 / Section 8113
§ Â
        8113. Actions against decedentâs estate.
Status: in_force

In all actions or claims against an executor or administrator of a decedent’s estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided for in this chapter shall be extended for a period of 6 months from the date of the decedent’s death. If the claim was filed within the proper time with the executor or administrator the defense of the statute of limitations shall not avail to such executor or administrator if he or she subsequently rejects the claim and action is commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection as provided by § 2102 of Title 12.
10 Del. C. § 3706 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3706
§ Â
        3706. Judgment for or against executor or administrator.
Status: in_force

(a) The benefit of a judgment for or against an executor or administrator shall not be lost by executor’s or administrator’s death or removal from office, but proceedings may be had upon such judgment either at the suit of or against a succeeding executor or administrator.

(b) An executor or administrator may be admitted a party plaintiff to a judgment, on motion, without scire facias.
10 Del. C. § 9802 — Delaware Code / Title 10 / Chapter 98 / Section 9802
§ Â
        9802. Duties with respect to costs; limitations on fees.
Status: in_force

All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The justice shall tax the costs for each service specified by the rules of the Justice of the Peace Court. No other fee or cost shall be allowed and no mileage shall be allowed unless it is expressly given by statute. In no case shall costs be charged for a service not performed; and every office or person receiving a fee shall, upon demand, give a receipt specifying the item of service represented by said fee.
10 Del. C. § 4752 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4752
§ Â
        4752. Exceptions to Ââ4751.
Status: in_force

Section 4751 of this title does not extend to cases where a sum due by judgment is received from the sheriff or other officer on execution. It does not extend to a judgment of a justice of the peace or the Court of Common Pleas unless a transcript thereof is entered in the Superior Court, in which case satisfaction shall be there entered.
10 Del. C. § 5357 — Delaware Code / Title 10 / Chapter 53A / Section 5357
§ Â
        5357. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
10 Del. C. § 9201 — Delaware Code / Title 10 / Chapter 92 / Section 9201
§ Â
        9201. Definitions.
Status: in_force

As used in this chapter:

(1) “Court” shall mean the Justice of the Peace Court.

(2) “Rules” means rules of the Justice of the Peace Court promulgated under article IV, § 13, of the Delaware Constitution.
10 Del. C. § 1921 — Delaware Code / Title 10 / Chapter 19 / Subchapter I-A / Section 1921
§ Â
        1921. Definitions.
Status: in_force

As used in this subchapter:

(1) “Family” means as defined in § 901 of this title.

(2) “Government agency” includes all agencies, authorities, boards, commissioner, departments, institutions, offices, and any other bodies of the State created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; and agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.

(3) “Home address” includes a judicial officer’s permanent residence and any secondary residence affirmatively identified by the judicial officer, but does not include a judicial officer’s work address.

(4) “Judicial officer” includes any active, formerly active, or retired:

a. Chief Justice or Justice of the Supreme Court.

b. Chancellor, Vice Chancellor or Magistrate of the Court of Chancery.

c. President Judge, Judge or Commissioner of the Superior Court.

d. Chief Judge, Judge or Commissioner of the Court of Common Pleas.

e. Chief Judge, Judge or Commissioner of the Family Court.

f. Chief Magistrate or Justice of the Peace of the Justice of the Peace Court.

(5) “Person” means as defined in § 302 of Title 1.

(6) “Personal information” means a home address, home telephone number, mobile telephone number, direct telephone number to a judicial officer’s private chambers, personal e-mail address, social security number, federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18.

(7) “Publicly available content” means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act [Chapter 100 of Title 29].

(8) “Publicly post” or “publicly display” means to communicate to another or otherwise make available to the general public.

(9) “Written request” means written notice signed by a judicial officer or a representative of the judicial officer’s employer requesting a government agency or person to refrain from posting or displaying publicly available content that includes the personal information of the judicial officer or of their family.
10 Del. C. § 5321 — Delaware Code / Title 10 / Chapter 53 / Subchapter II / Section 5321
§ Â
        5321. Method of administering.
Status: in_force

The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book.
10 Del. C. § 2112 — Delaware Code / Title 10 / Chapter 21 / Section 2112
§ Â
        2112. Mileage fees.
Status: in_force

The sheriff of each county at the end of each month shall present to the receiver of taxes and county treasurer or the Department of Finance an itemized and verifiable account of all mileage travelled in the performance of every official duty when travelled in other than a county-provided vehicle.
10 Del. C. § 5809 — Delaware Code / Title 10 / Chapter 58 / Section 5809
§ Â
        5809. Challenges; court powers to vacate, modify, or correct a final award.
Status: in_force

(a) A challenge to a final award may be taken to the Supreme Court of the State in the manner as appeals are taken from orders or judgments in a civil action.

(b) A challenge to a final award must be taken within 15 days of the issuance of the final award. The record on the challenge is as filed by the parties to the challenge in accordance with the Rules of the Supreme Court.

(c) In a challenge to a final award, the Supreme Court of the State may only vacate, modify, or correct the final award in conformity with the Federal Arbitration Act [9 U.S.C. § 1 et seq.]. The Supreme Court shall have the authority to order confirmation of a final award, which confirmation shall be deemed to be confirmation under § 5810(a) of this title.

(d) Notwithstanding any other provision of this section, an agreement may provide for:

(1) No appellate review of a final award; or

(2) Appellate review of a final award by 1 or more arbitrators, in which case appellate review shall proceed as provided in the agreement. An appellate arbitrator may be appointed by the Court of Chancery of the State under § 5805 of this title. An appellate arbitrator shall have authority to order confirmation of a final award, which confirmation shall be deemed to be confirmation under § 5810(a) of this title.
10 Del. C. § 5213 — Delaware Code / Title 10 / Chapter 52 / Section 5213
§ Â
        5213. Supplementary general principles of law.
Status: in_force

Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions.
10 Del. C. § 9709 — Delaware Code / Title 10 / Chapter 97 / Section 9709
§ Â
        9709. Violations and penalty.
Status: in_force

Whoever knowingly receives any greater or more or less fees than are allowed in this chapter for the services specified, or refuses to give a receipt or adds any item not specified in this chapter, shall be fined not more than $60.
10 Del. C. § 6902 — Delaware Code / Title 10 / Chapter 69 / Section 6902
§ Â
        6902. Persons entitled to writs; exceptions.
Status: in_force

Every person imprisoned or restrained of liberty by any officer or person, for any cause or under any color or pretense, shall have remedy by the writ of habeas corpus, and may obtain relief, except:

(1) Persons committed or detained on a charge of treason or felony, the species whereof is plainly and fully set forth in the commitment;

(2) Persons convicted of, or charged with, treason, felony, or any offense in another state, who ought, by the Constitution of the United States, to be delivered to the executive of such state, subject to the provisions of § 2510 of Title 11; and

(3) Persons imprisoned by the authority of the United States.
10 Del. C. § 7313 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7313
§ Â
        7313. Petition in Chancery for discharge.
Status: in_force

Whoever is imprisoned for the nonperformance of any order or judgment for the payment of money, or costs, by virtue of attachment, or other process, issued out of the Court of Chancery, having resided within the State for 1 year next before his or her imprisonment, may prefer to the Court of Chancery, held in the county wherein he or she is imprisoned, a petition of the same purport prescribed in § 7302 of this title. Thereupon the Court of Chancery shall have and exercise jurisdiction over the subject of such petition, in the same manner and by like proceedings, as is provided in this subchapter in the case of a petition to the Superior Court, except as it regards the directing of an issue.
10 Del. C. § 8114 — Delaware Code / Title 10 / Chapter 81 / Section 8114
§ Â
        8114. Corporate officersâ bonds.
Status: in_force

No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation, by any officer of such bank or corporation, with condition for the officer’s good behavior, or for the faithful discharge of the duties of the officer’s station, or touching the execution of the officer’s office, against either the principal or sureties, after the expiration of 2 years from the accruing of the cause of such action. No action shall be brought, and no proceedings shall be had upon any such bond, or upon any judgment thereon, against either the principal or sureties, for any cause of action accruing after the expiration of 6 years from the date of such bond.
10 Del. C. § 7604 — Delaware Code / Title 10 / Chapter 76 / Section 7604
§ Â
        7604. Relief.
Status: in_force

A defendant may petition the court for relief, to be removed from the Report, after 5 years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.
10 Del. C. § 1015 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1015
§ Â
        1015. Filing an expungement petition.
Status: in_force

(a) Persons eligible to petition for expungement. —

Persons eligible to petition for expungement. A child, through the child’s parent, guardian, guardian ad litem, or attorney, or upon becoming an adult, may file a petition seeking to expunge part or all of the child’s juvenile arrest record. For the purposes of §§ 1016-1019 of this title, the child or person seeking an expungement is deemed “the petitioner.” A petition for expungement may include all cases for which the petitioner is eligible for expungement under § 1017(a) or § 1018(a) of this title.

(b) Prohibitions to expungement. —

Except for cases eligible for expungement under § 1017(a)(1) through (a)(2) of this title, all of the following apply:

(1) No person who has been adjudicated delinquent of first-degree murder (§ 636 of Title 11), second-degree murder (§ 635 of Title 11), first-degree kidnapping (§ 783A of Title 11), manslaughter (under either § 632(2) or (5) of Title 11), rape in the first degree (§ 773 of Title 11), rape in the second degree (§ 772 of Title 11), arson in the first degree (§ 803 of Title 11), or an attempt to commit any of the offenses listed in this paragraph (b)(1) is eligible for a juvenile expungement under § 1017 or § 1018 of this title.

(2) No person who has an adult conviction is eligible for a juvenile expungement.

(3) No person is eligible for an expungement while such person has pending criminal charges.

(4) Offenses under Title 21 are not eligible for expungement and are not considered an adjudication or conviction for purposes of this statute. However, a felony conviction for driving a vehicle while under the influence is considered a conviction for purposes of this statute.

(c) Jurisdiction. —

All such petitions shall be filed in the Family Court in the county where the most recent case was terminated, disposed of, or concluded, even if the petition includes cases from more than 1 county.

(d) Contents of petition. —

(1) The petition shall set forth the relevant facts and request expungement of the police records and court records, and all indicia of arrest, including any electronic records, relating to the charge or charges.

(2) For discretionary petitions filed pursuant to § 1018 of this title, the petition shall also specifically set forth relevant facts demonstrating that the continued existence and possible dissemination of information relating to the arrest and, where applicable, adjudication, of petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner.

(3) Except as permitted by the Court pursuant to § 1017(c) of this title, the petitioner shall attach a copy of that petitioner’s criminal history as maintained by the State Bureau of Identification to any petition filed pursuant to this subchapter. The State Bureau of Identification may charge a reasonable fee in providing a certified copy of the petitioner’s criminal history. The Court shall summarily reject any petition for expungement that does not include the petitioner’s criminal history.

(e) (1) The Family Court shall consider the entire criminal history as maintained by the State Bureau of Identification in granting or denying the petition, consistent with §§ 1017 and 1018 of this title.

(2) The Court shall either grant the petition, ordering the expungement of part or all of the petitioner’s juvenile criminal history, including all indicia of arrest, except for Title 21 offenses, or deny the petition. The Court may not order that only a portion of the petitioner’s juvenile criminal history be expunged, unless any of the following apply:

a. The State, under § 1018(f) of this title in the interests of justice, petitions the Court to expunge an arrest that would otherwise not qualify for immediate and mandatory expungement under this subchapter.

b. A case is eligible for expungement under § 1017(a)(1) through (a)(2) of this title.

(3) The Court may order expungement of charges originating in a different county.
10 Del. C. § 8112 — Delaware Code / Title 10 / Chapter 81 / Section 8112
§ Â
        8112. Waste.
Status: in_force

No action to recover damages for waste shall be brought after the expiration of 3 years from the committing of the waste.
10 Del. C. § 6007.  — Delaware Code / Title 10 / Chapter 60 / Section 6007. 
§ Â
        6007. . Dismissal of cause of action in whole or part.
Status: in_force

(a) In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1) The moving party establishes under § 6002(b) or (d) of this title that this chapter applies;

(2) The responding party fails to establish under § 6002(c) of this title that this chapter does not apply; and

(3) Either:

a. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

b. The moving party establishes that:

1. The responding party failed to state a cause of action upon which relief can be granted; or

2. There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(b) A voluntary dismissal without prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under § 6003 of this title does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorneys’ fees, and expenses under § 6010 of this title.

(c) A voluntary dismissal with prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under § 6003 of this title establishes for the purpose of § 6010 of this title that the moving party prevailed on the motion.
10 Del. C. § 8111 — Delaware Code / Title 10 / Chapter 81 / Section 8111
§ Â
        8111. Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, Â 2].
Status: in_force

No action for recovery upon a claim for wages, salary, or overtime for work, labor, or personal services performed, or for damages (actual, compensatory, or punitive, liquidated or otherwise), or for interest or penalties resulting from the failure to pay any such claim, or for any other benefits arising from such work, labor, or personal services performed or in connection with any such action, shall be brought after the expiration of 2 years from the accruing of the cause of action on which such action is based.
10 Del. C. § 4758 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4758
§ Â
        4758. Penalties for violations or neglect of duty by officers.
Status: in_force

If any prothonotary or sheriff refuses or neglects to perform any of the duties enjoined upon such officer by §§ 4755-4757 of this title, he or she shall be liable in damages to any person, injured by such default, in a civil action. Such default shall also be a breach of such officer’s official obligation or recognizance, as the case may be.
10 Del. C. § 2503 — Delaware Code / Title 10 / Chapter 25 / Section 2503
§ Â
        2503. Records.
Status: in_force

The Register in Chancery Office shall keep all records, books, papers and other things as the Court of Chancery requires.
10 Del. C. § 7355 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7355
§ Â
        7355. Discharge upon creditorâs action to discontinue liability.
Status: in_force

(a) The principal in any recognizance entered into under the provisions of this subchapter may, at any time, cause an entry to be made upon the recognizance, or the record thereof, and signed by the principal, to the effect that the principal is unwilling to continue liable touching any further imprisonment of the person upon whose petition the order was made.

(b) The prothonotary shall forthwith certify the substance of such order, recognizance and entry to the sheriff, or jailer, of the county. The petitioner shall thereupon be discharged from imprisonment at the suit of the party causing such entry to be made.

(c) Such entry shall in no manner impair the recognizance or have any other effect than to discharge the petitioner from further imprisonment at the suit of the party causing it to be made.
10 Del. C. § 5713 — Delaware Code / Title 10 / Chapter 57 / Section 5713
§ Â
        5713. Confirmation of an award.
Status: in_force

The Court shall confirm an award upon complaint or application of a party in an existing case made within 1 year after its delivery to the party, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the Court shall proceed as provided in §§ 5714 and 5715 of this title.
10 Del. C. § 1011 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1011
§ Â
        1011. Transfer of cases from Superior Court to Family Court; appeals of denials of transfers.
Status: in_force

(a) In any case in which the Superior Court has jurisdiction over a child, the Attorney General may transfer the case to the Family Court for trial and disposition if, in the Attorney General’s opinion, the interests of justice would be best served.

(b) Upon application of the defendant in any case where the Superior Court has original jurisdiction over a child, the Court may transfer the case to the Family Court for trial and disposition if, in the opinion of the Court, the interests of justice would be best served by such transfer. Before ordering any such transfer, the Superior Court shall hold a hearing at which it may consider evidence as to the following factors and such other factors which, in the judgment of the Court are deemed relevant:

(1) The nature of the present offense and the extent and nature of the defendant’s prior record, if any;

(2) The nature of past treatment and rehabilitative efforts and the nature of the defendant’s response thereto, if any; and

(3) Whether the interests of society and the defendant would be best served by trial in the Family Court or in the Superior Court.

(c) (1) The hearing described in subsection (b) of this section shall be held by the Superior Court only upon timely application of the defendant. Such application shall be deemed timely if made within 60 days of arraignment. The Court may enlarge said time period for good cause.

(2) The hearing shall be held by the Superior Court as soon after such application is made as is practicable. Within 90 days of the arraignment, the Superior Court shall announce its decision as to whether the case is to be transferred to the Family Court; however, the Court’s failure to do so shall not be considered as providing a basis for transferring the case to the Family Court, for dismissing the charges, or for providing any other form of relief.

(d) In the event the case is transferred by the Superior Court under this section, the case shall proceed as if it had been initially brought in the Family Court, and the Family Court shall have jurisdiction of the case, anything to the contrary in this chapter notwithstanding.

(e) In the event the Superior Court denies the application to transfer the case to the Family Court and the child subsequently enters a plea of guilty or nolo contendere, the child shall have the right, within 30 days of the child’s sentence, to directly appeal the denial of transfer to the Supreme Court. No plea may be conditioned on a child waiving the child’s right of appeal under this subsection.

(f) Notwithstanding any provision of this section or title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be nonamenable to the rehabilitative processes of the Family Court pursuant to § 1010 of this title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Title 11 or 16, unless the prior Superior Court order has been reversed by the Supreme Court under this section.
10 Del. C. § 1307 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1307
§ Â
        1307. Seals; rules of Court.
Status: in_force

The Judges of the Court, or a majority of them, shall, for and on behalf of the Court, adopt a seal, make and publish general rules regulating the practice and procedure therein and the keeping of its records, including a schedule of costs and fees and providing for such deposits as are deemed necessary.
10 Del. C. § 5014 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5014
§ Â
        5014. Service of rule.
Status: in_force

The rule referred to in § 5013 of this title shall be served at least 2 days before the expiration thereof. If the sheriff or other person who is attempting to serve the rule is unable to serve the rule upon the defendant personally, service may be made in such manner as the court by order may direct or in such manner as may be prescribed by a rule of court.
10 Del. C. § 8712 — Delaware Code / Title 10 / Chapter 87 / Section 8712
§ Â
        8712. Referees.
Status: in_force

The fees of a referee, for the services specified, shall be as listed below:
10 Del. C. § 7381 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7381
§ Â
        7381. Filing inventory of property assigned.
Status: in_force

In every case in which any person makes a voluntary assignment of his or her estate, real or personal, or of any part thereof to any other person in trust for his or her creditors or some of them, the assignee, within 30 days after the execution thereof, shall file in the office of the Register in Chancery of the county in which the real and personal estate of the assignor is situate, an inventory or schedule of the estate or effects so assigned, accompanied with an affidavit by such assignee, that the same is a full and complete inventory of all such estate and effects, so far as the same has come to his or her knowledge.
10 Del. C. § 7124 — Delaware Code / Title 10 / Chapter 71 / Section 7124
§ Â
        7124. Relationship to criminal proceedings.
Status: in_force

A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have not resulted in an arrest, prosecution, conviction or adjudication of delinquency.
10 Del. C. § 8131 — Delaware Code / Title 10 / Chapter 81 / Section 8131
§ Â
        8131. Limitation for Indochina herbicide exposure.
Status: in_force

(a) Notwithstanding any other provision to the contrary, the time limitation for an action to recover damages for wrongful death or for personal injuries suffered by a member or former member of the armed forces of the United States, who served as a member of the armed forces of the United States in Indochina between January 1, 1962, and May 7, 1975, inclusive, due to exposure to phenoxy herbicides, including but not limited to exposure to substances known as Agent Orange, Agent Blue, Agent White and chemical components known as 2, 4-D; 2, 4, 5-T; TCDD; Picloran and cacodylic acid, shall not expire until 2 years has elapsed from the date that said person has been told by a licensed physician (whether in Delaware or otherwise) that the injuries or death may be related, in whole or in part, to exposure to phenoxy herbicides.

(b) If the foregoing 2-year period has expired as of May 10, 1983, then said person shall have from 6 months from May 10, 1983, to file an action to recover damages for phenoxy herbicide exposure in Indochina.
10 Del. C. § 7601 — Delaware Code / Title 10 / Chapter 76 / Section 7601
§ Â
        7601. Civil Sexual Abuse Liability Report â Purpose.
Status: in_force

The purpose of this chapter is to ensure that the public is informed about persons found liable of sexual abuse in this State.
10 Del. C. § 9528 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9528
§ Â
        9528. Requirement of special bail for certain adjournments.
Status: in_force

In an action under this subchapter, if the summons is made returnable “forthwith,” the justice may refuse to grant any adjournment on the defendant’s application, unless the defendant gives special bail as follows:

“A. B. becomes special bail for C. D., the defendant in this action. ________________(Signed) A. B.”
10 Del. C. § 4715 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4715
§ Â
        4715. Scire facias for extension of lien.
Status: in_force

(a) In all cases where no agreement for the renewal and extension of the lien of judgments, as provided for in this subchapter, has been minuted and certified, the plaintiff or plaintiffs in such judgments or the assignee or assignees thereof or the person or persons to whose use such judgment has been or shall be marked, or his, her, or their executors or administrators, may cause a writ of scire facias to be issued against the defendant or defendants in such judgment and the terre tenant or terre tenants of the real estate bound by such lien or, in case of a judgment on a mechanic’s lien, the terre tenant or terre tenants, directed to the sheriff of the county in which such writ issues, commanding the sheriff to make known to the defendant or defendants therein that the defendant or defendants appear before the court and show cause, if any there be, why the lien of such judgment should not be renewed and continued and execution should not issue on such judgment. In all respects the practice, pleadings and procedure upon such scire facias shall conform as nearly as may be to the practice, pleadings and procedure on other writs of scire facias sued out of the courts upon judgments under existing law.

(b) If final judgment is rendered for the plaintiff or plaintiffs in such writ, it shall be that the lien of such original judgments stands renewed and continued for the term of 10 years next following the day of the entry of such judgment in the action of scire facias, and that the plaintiff or plaintiffs therein have execution thereon as in other cases during the term of 10 years.
10 Del. C. § 7904 — Delaware Code / Title 10 / Chapter 79 / Section 7904
§ Â
        7904. Successors in title to persons under disability.
Status: in_force

If the person entitled to an entry or action dies under any of the disabilities specified in this chapter, any other person claiming from, by, or under such person, shall have the same benefit which the person first entitled would have had, by living until the removal of the disability.
10 Del. C. § 929 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 929
§ Â
        929. Extended jurisdiction â Child abuse, dependency and neglect.
Status: in_force

(a) Upon petition filed by the youth, or the youth’s attorney on behalf of the youth, or the youth’s present or former representative, guardian ad litem, or Court Appointed Special Advocate, the Court may enter an order to extend jurisdiction over a youth who was an abused, dependent or neglected child in DSCYF custody at the time the youth attains 18 years of age or any time thereafter. The petition seeking extended jurisdiction shall be filed not later than 6 months prior to the youth’s twenty-first birthday nor more than 30 days prior to the youth’s eighteenth birthday.

(b) When a petition for extended jurisdiction is filed, the petition shall be served upon DSCYF. Within 20 days of service, DSCYF shall file an answer indicating whether DSCYF supports the petition or requests a hearing. If requested by DSCYF, the Court shall schedule a hearing to address the petition. Notice of the time and place of the hearing shall be sent to the youth as petitioner and DSCYF as respondent. Following either an answer by DSCYF supporting the petition or a hearing on the petition, the Court may enter an order extending jurisdiction over the youth.

(c) The purpose of extended jurisdiction is to enable youth who are provided developmentally appropriate, comprehensive independent living services from age 14 to 21 to assist with their successful transition into adulthood under the John H. Chafee Independence Act (P.L. 106-169) or the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351), and other relevant services, to have a legal mechanism for Family Court review of the appropriateness of such services. Extended jurisdiction may continue until the youth attains 21 years of age. Notwithstanding extended jurisdiction, the youth shall attain the age of majority at age 18, and DSCYF custody shall terminate at that time by operation of law.

(d) The reasonableness of the services to be offered and coordinated by the DSCYF to the youth, including financial, housing, medical, employment, training, education and other appropriate services, shall be contingent upon the limits of the appropriations made to or by the State for this purpose. If funding for a particular service has not been appropriated, or has been exhausted, there shall be no requirement that DSCYF provide the service. The DSCYF Secretary, or the Secretary’s designee, shall certify to the Court by affidavit the availability of funding for the particular youth.

(e) Where the Court has extended jurisdiction over a youth, the Court may conduct reviews upon motion of any party, or sua sponte, and prior to termination of the order extending jurisdiction. Reviews should occur as often as needed with a date established at the prior review, however, reviews must occur at least annually. If the youth agrees, the appointment of the youth’s attorney or Court Appointed Special Advocate shall also be extended, and the representation of the youth shall be client-directed. Prior to each review, notice shall be provided by DSCYF to any contracted providers serving the youth. At each review, the Court shall, at a minimum, evaluate the youth’s independent living services, and make findings, where applicable, regarding:

(1) Financial stability;

(2) Housing;

(3) Medical benefits, including access to health care and other public benefits;

(4) Employment and training;

(5) Education; and

(6) Community and individual connections to help support the youth.

(f) Extended jurisdiction terminates by operation of law when the youth attains 21 years of age or sooner upon a finding that:

(1) The youth no longer consents to the Court’s extended jurisdiction;

(2) The youth no longer consents to the continued assistance of DSCYF;

(3) The youth has failed to cooperate with DSCYF; or

(4) For other good cause shown.
10 Del. C. § 5205 — Delaware Code / Title 10 / Chapter 52 / Section 5205
§ Â
        5205. Determining amount contracted for in certain contract claims.
Status: in_force

(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.

(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.

(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
10 Del. C. § 9301 — Delaware Code / Title 10 / Chapter 93 / Section 9301
§ Â
        9301. Civil jurisdiction; amount in controversy.
Status: in_force

Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following:

(1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000; provided, however, that the $25,000 limit does not apply to monetary claims, counter-claims, or cross-claims asserted in an action for summary possession as provided in Chapter 57 of Title 25 and arising from or relating to a commercial lease as defined in Part IV of Title 25 [§ 6101 et seq. of Title 25]. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $25,000.

(2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $25,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $25,000.

(3) Summary possession actions as provided in Chapter 57 of Title 25.

(4) Distress for rent actions as provided in Chapter 63 of Title 25.

(5) Truancy actions as provided in Chapter 27 of Title 14.

(6) Any other civil jurisdiction provided by law.
10 Del. C. § 9638 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9638
§ Â
        9638. Lien of judgment on real estate.
Status: in_force

Any judgment entered under this subchapter may be made a lien on real estate in the same manner as is provided by § 9569 of this title.
10 Del. C. § 4512 — Delaware Code / Title 10 / Chapter 45 / Section 4512
§ Â
        4512. Challenging compliance with selection procedures.
Status: in_force

(a) Within 7 days after the moving party discovers, or by the exercise of diligence could have discovered, the grounds therefor, and in any event before the jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to dismiss the indictment, or for other appropriate relief, on the ground of substantial failure to comply with this chapter in selecting the grand, petit or special jury.

(b) Upon motion filed under subsection (a) of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with this chapter, the moving party is entitled to present in support of the motion the testimony of the clerk, any relevant records and papers not public or otherwise available used by the clerk, and any other relevant evidence. If the Court determines that in selecting a grand, petit or special jury there has been a substantial failure to comply with this chapter, the Court may stay the proceedings pending the selection of the jury in conformity with this chapter, dismiss an indictment or grant other appropriate relief.

(c) The procedures prescribed by this section are the exclusive means by which a jury may be challenged on the ground that the jury was not selected in conformity with this chapter.
10 Del. C. § 3915 — Delaware Code / Title 10 / Chapter 39 / Section 3915
§ Â
        3915. Proof of incorporation or corporate existence.
Status: in_force

In any action by or against any corporation, the plaintiff may specifically require the defendant or defendants to deny the allegation of the incorporation and existence of the corporation by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging the corporate existence. Any defendant so answering shall deny the incorporation and existence of the corporation as alleged, and stating to the best of affiant’s knowledge whether there is any corporation existing which has a relationship to the subject matter of the action. Such affidavit may be made by the president, secretary, treasurer or any director of any corporate defendant. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with its answer shall be deemed an admission of existence of the corporation as alleged.
10 Del. C. § 8601 — Delaware Code / Title 10 / Chapter 86 / Section 8601
§ Â
        8601. Recoupment of costs.
Status: in_force

(a) A court may require a convicted defendant who has utilized court-appointed attorneys or the Office of Defense Services to pay the costs of defense in that court.

(b) Costs shall be limited to expenses specially incurred by the State in defending the convicted person. Such costs shall not include expenses inherent in providing a constitutionally guaranteed jury trial, or expenditures in connection with the maintenance and operation of government agencies if such expenditures must be made by the public irrespective of specific violations of law.

(c) The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method of payment of such costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(d) A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court for remission of the payment of such costs, or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.
10 Del. C. § 1005 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1005
§ Â
        1005. Other courts; issuance of warrants; powers and duties.
Status: in_force

(a) Any judge of any state or municipal court or any official designated for such purpose may issue a warrant directing a peace officer to take into custody a child alleged to be delinquent.

(b) Any judge of any court of this State, including justices of the peace and local aldermen, before whom a child is brought by a peace officer:

(1) May release the child on the child’s own recognizance, or on that of a person having the child’s care, to appear before the court when notified so to do;

(2) May require the child to furnish reasonable cash or property bail or other surety for the child’s appearance before the court when notified so to do;

(3) May order the child detained in a facility designated by the Department of Services for Children, Youth and Their Families pursuant to § 1007(a) of this title provided that no means less restrictive of the child’s liberty gives reasonable assurance that the child will attend the adjudicatory hearing; and provided, that the alternatives delineated in § 1007(b)(5) of this title have been considered; and provided, that such detention shall continue only until the next session of the Family Court;

(4) Shall notify the person having the care of the child, if an address be known, of the child’s having been taken into custody, the reason therefor, and the disposition of the matter;

(5) Shall file with this Court forthwith a petition in accordance with § 1003 of this title on forms furnished by this Court.
10 Del. C. § 7902 — Delaware Code / Title 10 / Chapter 79 / Section 7902
§ Â
        7902. Seisin or possession.
Status: in_force

No person shall have, or maintain any writ of right, or action, real, personal, or mixed, for, or make any prescription, or claim, to, or in, any lands, tenements, or hereditaments, of the seisin, or possession of the person, the person’s ancestor, or predecessor, and declare, or allege, in any manner whatever, any further seisin of the person, the person’s ancestor, or predecessor, but only an actual seisin of the person, the person’s ancestor, or predecessor, of the premises sued for, or claimed, within 20 years next before such writ, or action.
10 Del. C. § 7603 — Delaware Code / Title 10 / Chapter 76 / Section 7603
§ Â
        7603. Petition and eligibility.
Status: in_force

If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or that plaintiff’s or victim’s representative may petition the court to place the defendant on the Civil Sexual Abuse Report. To establish eligibility, the court must determine whether the civil offense for which a verdict of liability was rendered has similar elements to an offense that would require registration pursuant to subchapter III of Chapter 41 of Title 11.
10 Del. C. § 917 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 917
§ Â
        917. Law clerks.
Status: in_force

Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Family Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
10 Del. C. § 7006 — Delaware Code / Title 10 / Chapter 70 / Section 7006
§ Â
        7006. Notice.
Status: in_force

A court entering a dismissal or judgment of acquittal after a defendant’s criminal conviction has been overturned, vacated, or reversed shall provide a copy of this chapter to the defendant at the time of entry of the dismissal or acquittal. The defendant must acknowledge receipt of a copy of this chapter in writing on a form established by the Supreme Court. The acknowledgment shall be entered on the docket by the court and shall be admissible in any proceeding subsequently filed by the defendant under this chapter.
10 Del. C. § 9547 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9547
§ Â
        9547. Execution process.
Status: in_force

(a) Process of execution may be issued by the Justice of the Peace Court rendering a judgment, or by any other Justice of the Peace Court, with which the docket containing such judgment is deposited, or a duly certified transcript of the record of such judgment is filed.

(b) The process of execution shall bear date of the day it is issued, and shall be made returnable on a day certain, not more than 60, nor less than 30, days, thereafter; but a return of “no goods” may be made after 2 days from its date.

(c) Process of execution shall be directed to a constable.
10 Del. C. § 8141 — Delaware Code / Title 10 / Chapter 81 / Section 8141
§ Â
        8141. Limitation on agricultural operations nuisance suits.
Status: in_force

(a) For the purposes of this section, agricultural operations and its appurtenances means an operation for the purpose of:

(1) Cultivation of land;

(2) Production of agricultural crops;

(3) Raising of poultry;

(4) Production of eggs;

(5) Production of milk and milk products, including but not limited to ice cream, cheese and butter;

(6) Production of fruit or other horticultural crops including but not limited to Christmas trees and forestry;

(7) Production of livestock, including pasturage;

(8) Production of bees and their products;

(9) Production and raising of horses of all types and descriptions or other equine activity for the purpose of profit;

(10) The operation of a roadside farmer’s stand, or a farmer’s cart in which not less than 50% of the products sold at the stand or cart are directly from the agricultural operation;

(11) Grain elevators, bins, feed mills, silos, and seed cleaners; and

(12) Transportation of an agricultural product to or from a market storage area, or to or from any agricultural-related infrastructure as identified in paragraph (a)(11) of this section.

(b) This section does not apply to:

(1) An agricultural operation that does not conform to federal, state or local health or zoning requirements;

(2) A federal, state or local agency when enforcing air, water quality or other environmental standards under federal, state or local law; or

(3) An agricultural operation that is conducted in a negligent or improper manner.

(c) No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than 1 year if the operation or the change did not constitute a nuisance from the date the agricultural operation began or the date the change in the operation began.

(d) Subsection (c) of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injury or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on account of any overflow onto lands of any such person, firm or corporation.

(e) Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstances set forth in this section and shall be null and void; however, this section shall not apply whenever a nuisance results from the failure to conduct the operation in a manner consistent with good agricultural practice as defined in § 1401 of Title 3 or when there has been a significant change in the operation itself.
10 Del. C. § 6210 — Delaware Code / Title 10 / Chapter 62 / Section 6210
§ Â
        6210. Compensation and expenses of jurors and employees.
Status: in_force

(a) The jurors shall be allowed $25 a day for their services and shall be entitled to mileage at the rate of 15 cents a mile going and returning.

(b) The Court shall fix the compensation of all persons properly employed as surveyors, chain carriers, axepersons and target bearers, and all other persons necessary to the economical execution of any order for vacating a dedication of property, including the board and accommodation of persons properly employed in and about the execution of the work.
10 Del. C. § 5071 — Delaware Code / Title 10 / Chapter 49 / Subchapter XII / Section 5071
§ Â
        5071. Issuance for execution on judgments and recognizances; parties.
Status: in_force

A writ of scire facias may be sued upon a judgment in a personal, or mixed action, as well as upon a judgment in a real action, as also upon all recognizances, to obtain execution of such judgment, or recognizances. Such writ may be sued by and against the parties to the judgment, or recognizance, and also by and against any other persons entitled, or liable, to the execution thereof, whether as executors, administrators, heirs, terre tenants, or otherwise.
10 Del. C. § 9901 — Delaware Code / Title 10 / Chapter 99 / Section 9901
§ Â
        9901. Definitions.
Status: in_force

As used in this chapter:

(1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court.

(2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. The Superior Court is a lower court for the purposes of an appeal to the Supreme Court, whether the action of the Superior Court which is subject to review by the Supreme Court is action resulting from the original jurisdiction of that Court in a trial de novo in a proceeding initiated there or initiated in a lower court, or action resulting from a review of action of a lower court under this chapter or any other provision permitting appellate review in the Superior Court.

(3) “Order” includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the lower court which constitutes a fixed determination by the lower court.
10 Del. C. § 4710 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4710
§ Â
        4710. Effect of Supreme Court judgment.
Status: in_force

(a) The entry, made under § 4709 of this title, shall be a record, and the judgment, so entered, shall have the same force and effect as a judgment of the Court below, and shall be executed by the process of that Court in like manner as judgments of such Court. The lien thereof may be extended to lands and tenements in another county by means of a testatum fieri facias entered of record in the office of the prothonotary of the county.

(b) The lien of a judgment shall not be extended by affirmance to real estate not bound by the original judgment.

(c) A judgment of the Supreme Court shall not bind real estate otherwise than as prescribed by this section.
10 Del. C. § 1017 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1017
§ Â
        1017. Mandatory expungement.
Status: in_force

(a) The Family Court shall grant a petition for expungement if 1 or more of the following apply to the person’s juvenile criminal history:

(1) A case was terminated in favor of the child.

(2) A case that resulted in an adjudication of delinquency only for 1 or more of the following:

a. Underage possession or consumption of alcohol under § 904(e) or (f) of Title 4.

b. Possession of marijuana under § 4764 of Title 16.

c. Possession of drug paraphernalia under § 4771 of Title 16.

(3) The person’s juvenile criminal history includes no more than 1 felony, misdemeanor, or violation case that resulted in an adjudication of delinquency and at least 3 years have passed since the date of adjudication, provided that all of the following apply:

a. The adjudication was not for a violent felony, felony sex offense, or misdemeanor sex offense as those terms are defined in § 1016 of this title.

b. The petitioner has no prohibitions under § 1015(b) of this title.

(b) The petitioner is not required to serve a copy of the petition on the Attorney General’s office when filing for mandatory expungement pursuant to this section. If the Court finds that a mandatory expungement petition does not meet the requirements for granting and sua sponte considers it as a petition for discretionary expungement, the Court shall serve a copy of the petition on the Attorney General’s Office.

(c) During the Court proceeding where any felony, misdemeanor or violation case is terminated in favor of the child, the Court sua sponte, or upon request of any party, may immediately order expungement of the entire juvenile criminal history or a case, including all indicia of arrest. Prior to ordering expungement under this subsection, the Court shall review a name-based Delaware criminal background check conducted through the Delaware Justice Information System (DELJIS), in order to ensure eligibility. The Court has discretion to deny immediate expungement and require compliance with § 1015(d) of this title. An order to expunge a felony, misdemeanor, or violation case from the juvenile’s record, under this subsection, shall be stayed for 30 days and may, upon motion by the Attorney General, be vacated within that 30 days, as prescribed by Delaware law. This stay does not toll the applicable appeal period.

(d) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.