10 Del. C. § 5806 — Delaware Code / Title 10 / Chapter 58 / Section 5806
§ Â
        5806. Arbitrator; fees and expenses of arbitration.
Status: in_force

(a) A person accepting an appointment as an arbitrator is deemed to have:

(1) Consented to the terms of this chapter; and

(2) Accepted the consequences set forth in subsection (b) of this section for failing to comply with the provisions of § 5808(b) of this title.

An arbitrator is immune from civil liability for or resulting from any act or omission done or made in connection with an arbitration, unless the arbitrator’s act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a wilful, wanton disregard of the rights, safety, or property of another.

(b) Unless otherwise provided in an agreement, an arbitrator’s fees and expenses, together with other expenses incurred in the conduct of an arbitration, but not including counsel fees of parties to the arbitration, shall be borne as provided in a final award. Notwithstanding the foregoing, an arbitrator that fails to issue a final award in compliance with § 5808(b) of this title is not entitled to full payment of the arbitrator’s fees. The arbitrator’s fees must be reduced by 25% if the final award is less than 30 days late; the arbitrator’s fees must be reduced by 75% if the final award is between 30 and 60 days late; and the arbitrator’s fees must be reduced by 100% if the final award is more than 60 days late. Notwithstanding the foregoing sentence, upon petition by an arbitrator, the Court of Chancery may summarily determine, on clear and convincing evidence, that exceptional circumstances exist such that the reductions in the foregoing sentence should be modified or eliminated.

(c) An arbitrator may retain appropriate counsel, in consultation with the parties. The arbitrator’s counsel may make rulings on issues of law, to the extent requested to do so by the arbitrator, which shall have the same effect as a ruling by the arbitrator, if the arbitrator so determines. The fees and expenses incurred by the arbitrator’s counsel must be included in the arbitrator’s expenses described in subsection (b) of this section.

(d) An arbitrator that fails to issue a final award in compliance with § 5808(b) of this title shall, within 90 days of the failure, report that failure to the Register in Chancery, indicating:

(1) The date on which the arbitrator accepted appointment as an arbitrator; and

(2) The date on which the final award was issued.
10 Del. C. § 121 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 121
§ Â
        121. Clerk of Supreme Court; bond; duties generally.
Status: in_force

(a) Every Clerk of the Supreme Court duly appointed, shall, after being appointed and before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penal sum of $3,000 the condition of which shall be as follows:

________________

“That if the above named ________________ who has been duly appointed to be Clerk of the Supreme Court shall and do well and diligently execute the duties of the office of Clerk of the Supreme Court as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to his or her successor in office, the seal and all the books, records and papers belonging to such office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.”

________________

(b) The sufficiency of the surety and the form of the bond shall be subject to the approval of a Justice of the Court.

(c) The Clerk shall be custodian of the seal, the books, the records and the papers of the Court, and shall perform such duties as the Court may direct.
10 Del. C. § 9582 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9582
§ Â
        9582. Proceeding by attachment.
Status: in_force

In lieu of proceeding by summons in any civil action for debt brought before a justice of the peace, the proceeding may be by attachment, as provided by §§ 9583 and 9584 of this title and in the manner provided in such sections.
10 Del. C. § 7505 — Delaware Code / Title 10 / Chapter 75 / Section 7505
§ Â
        7505. Inadequate penalty; priority of claims.
Status: in_force

If the penalty of a recognizance or bond, acknowledged or executed as mentioned in § 7501 of this title, is not adequate to cover all the damages sustained on occasion of the breaches of the condition thereof, and such damages are sustained by several persons, such persons shall stand in priority according to the respective dates of commencing the actions for their uses respectively. A failure to use due diligence in prosecuting any action, shall deprive it of such priority, and postpone it to all the actions pending at the time of such failure, such failure to be determined and certified by the court.
10 Del. C. § 9535 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9535
§ Â
        9535. Form of distress warrant.
Status: in_force

The distress warrant to be used for levy on a referee’s goods and chattels shall be in the following form:

“ County, ss. The State of Delaware,

To any constable, greeting:

Whereas, C. D. of has been adjudged by E. F., one of our justices of the peace, to be guilty of a contempt in making default, after due summons as a referee, in a case pending before said justice, and has been ordered to pay a fine of five dollars in pursuance of the Act of Assembly in such case provided; and whereas, the said C. D. has neglected to pay the said sum:

We therefore command you to levy the said sum of five dollars, with costs and your costs hereon, by distress and sale of the goods and chattels of the said C. D., upon due notice given, as upon other execution process.
10 Del. C. § 347 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 347
§ Â
        347. Mediation proceedings for business disputes.
Status: in_force

(a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall have the power to mediate business disputes when:

(1) The parties have consented to the mediation by the Court of Chancery by agreement or by stipulation;

(2) At least 1 party is a business entity as defined in § 346 of this title;

(3) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State;

(4) No party is a consumer, as that term is defined in § 2731 of Title 6, with respect to the business dispute; and

(5) In the case of disputes involving solely a claim for monetary damages, the amount in controversy is no less than $1,000,000 or such greater amount as the Court of Chancery determines by rule.

A mediation pursuant to this section shall involve a request by parties to have a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their dispute. Mediation proceedings shall be considered confidential and not of public record.

(b) By rule, the Court of Chancery may define those types of cases that are eligible for submission as a business dispute mediation. This section is intended to encourage the Court of Chancery to include complex corporate and commercial disputes, including technology disputes, within the ambit of the business dispute mediation rules. The Court of Chancery should interpret its rule-making authority broadly to effectuate that intention.
10 Del. C. § 7132 — Delaware Code / Title 10 / Chapter 71 / Section 7132
§ Â
        7132. Civil immunity.
Status: in_force

Any person or entity who, in good faith, institutes, participates in, testifies in, or encourages any person or entity to institute, participate in or testify in a civil action brought pursuant to this chapter or who in good faith provides any information relied upon by any person or entity in instituting or participating in a civil action pursuant to this chapter, including but not limited to those persons defined or otherwise identified in §§ 7103 and 7107 of this title, shall have immunity from any civil liability that might otherwise be incurred or imposed.
10 Del. C. § 4802 — Delaware Code / Title 10 / Chapter 48 / Section 4802
§ Â
        4802. Applicability.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, this chapter applies to a foreign-country judgment to the extent that the judgment:

(1) Grants or denies recovery of a sum of money; and

(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(b) This chapter does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:

(1) A judgment for taxes;

(2) A fine or other penalty; or

(3) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.

(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this chapter applies to the foreign-country judgment.
10 Del. C. § 9210 — Delaware Code / Title 10 / Chapter 92 / Section 9210
§ Â
        9210. Offices; supplies; basic legal education and continuing legal education requirements for justices of the peace.
Status: in_force

(a) The State shall provide each justice of the peace with such space, supplies and equipment as shall be necessary and appropriate to enable the justice to properly carry out the duties of office at the locations designated for the justice to hold court.

(b) There shall be basic and continuing legal education requirements for justices of the peace which shall be as prescribed by court rule.
10 Del. C. § 2006 — Delaware Code / Title 10 / Chapter 20 / Section 2006
§ Â
        2006. Venue for affected court facilities.
Status: in_force

(a) If an affected court facility is ordered to conduct sessions in a different county, the host county shall be a proper venue for civil and criminal actions to the same extent as if the affected court were operating in its original county.

(b) Upon motion by the Attorney General or a designee of the Attorney General, showing that the interests of justice are served by approval of the motion, the affected court may summon jurors from the host jurisdiction.
10 Del. C. § 9211 — Delaware Code / Title 10 / Chapter 92 / Section 9211
§ Â
        9211. Assignment of retired justices of the peace to active duty.
Status: in_force

(a) Any retired justice of the peace may be designated by the Chief Magistrate, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Justice of the Peace Court in the State; provided, however, that the retired justice of the peace:

(1) Was serving in good standing as a justice of the peace at the time of retirement;

(2) Had been appointed and confirmed for a second term prior to retirement;

(3) Assents to such designation; and

(4) Is not involved or employed in any position which would create a conflict of interest with the position of justice of the peace, including, but not limited to, any position concerned with or growing out of the collection of any judgment rendered by a justice of the peace, the private practice of law, the holding of any state office, or employment by the State in any capacity.

(b) Any retired justice of the peace accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/260 of the annual salary for a justice of the peace serving a second term. In no event shall the total annual compensation of the retired justice equal the current annual salary for a justice of the peace serving a second term. Each retired justice of the peace serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Magistrate.

(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, from surplus personnel funds contained within the Justice of the Peace Court’s appropriation, with the approval of the Administrative Office of the Courts and the Office of Management and Budget, and/or from other appropriate funds.
10 Del. C. § 9546 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9546
§ Â
        9546. Transfer of judgment to Superior Court docket after stay of execution.
Status: in_force

(a) Whenever a defendant in any judgment described under § 9544 or § 9545 of this title has obtained a stay of execution under the provisions of either of such sections, the plaintiff or plaintiffs in such judgment, may file a duly certified transcript of the docket entries of the judgment, with the prothonotary of the Superior Court, in the county where such judgment was given, and the prothonotary shall enter in the prothonotary’s judgment docket, the names of the parties, the amount of the judgment, and by what Justice of the Peace Court rendered, the time from which interest runs and the amount of the costs, with the true date of such filing and entry.

(b) A judgment transferred under the provisions of this section shall from that date become and be a lien on all the real estate of the defendants, as well as of the sureties, in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may, after the expiration of the stay of execution, be executed and enforced in the same way as judgments of the Court. If any such judgment is lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section.
10 Del. C. § 7204 — Delaware Code / Title 10 / Chapter 72 / Section 7204
§ Â
        7204. Emergency proceedings.
Status: in_force

(a) A petitioner may request an ex parte temporary sexual violence protective order by filing an affidavit or verified petition which alleges all of the following:

(1) The occurrence, including the date, of non-consensual sexual conduct or non-consensual sexual penetration perpetrated by the respondent against petitioner.

(2) Specific statements or actions made contemporaneously with or subsequent to the sexual conduct or penetration, including the date of the occurrence, which causes the petitioner to have a reasonable fear that the respondent will subject the petitioner to future harm. If these statements or actions occurred more than 1 year before the petition is filed, the petitioner must allege which tolling provisions are applicable.

(3) The respondent poses an immediate and present danger of causing physical injury to petitioner.

(b) The following procedures govern an emergency proceeding:

(1) The Court must hear a request for an ex parte temporary order under this section within 72 hours of the filing of the affidavit or verified petition.

(2) The petitioner has the burden of demonstrating by a preponderance of the evidence that:

a. The petitioner was a victim of non-consensual sexual conduct or non-consensual sexual penetration perpetrated by the respondent.

b. Specific statements or actions by the respondent made contemporaneously or subsequent to engaging in non-consensual sexual conduct or penetration causes the petitioner to have a reasonable fear that respondent will harm petitioner in the future.

c. The respondent poses an immediate and present danger of causing physical injury to the petitioner.

(3) The respondent does not have the right to be heard or to notice that the petitioner has sought an ex parte temporary order.

(c) The Superior Court shall issue an ex parte temporary sexual violence protective order if the Court finds by a preponderance of the evidence all of the following:

(1) The petitioner has been the victim of non-consensual sexual conduct or non-consensual penetration perpetrated by the respondent.

(2) Facts support petitioner’s reasonable fear of future harm.

(3) The respondent poses an immediate and present danger of causing physical injury to the petitioner.

(d) The ex parte temporary order shall restrain the respondent from contacting, or attempting to contact the petitioner, including by non-physical contact, either directly, or indirectly through a third party. The Court may also do any of the following through its order:

(1) Restrain the respondent from the petitioner’s residence, workplace, school, or other institution where the petitioner may be.

(2) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance and location.

(3) Order the respondent to temporarily relinquish to a police officer, or a federally-licensed firearms dealer located in Delaware, the respondent’s firearms or projectile weapons and to refrain from purchasing or receiving additional firearms or projectile weapons for the duration of the order. Nothing in this section may be construed to impair the rights, under U.S. Const. amend. 2 or § 20 of Article I of the Delaware Constitution, of an individual who is not subject to the Court’s order.

(4) Direct a law-enforcement agency having jurisdiction where the respondent resides, or a firearm, projectile weapon, or ammunition is located, to immediately search for and seize a firearm, projectile weapon, or ammunition owned, possessed, or controlled by the respondent.

(5) Order the respondent to undergo a drug, alcohol, or mental health assessment approved by the Sex Offender Management Board.

(6) Grant any other reasonable relief necessary or appropriate for the protection of the petitioner.

(e) The Court shall direct that an ex parte temporpary order issued under this section be served immediately upon the respondent by personal service, any form of mail, or in any manner directed by the Court, including publication, if other methods of service have failed or have been deemed to be inadequate. The Court shall give a certified copy of the order to the petitioner after the hearing and before the petitioner leaves the courthouse.

(f) If an ex parte temporary sexual violence protective order is issued, the Court must hold a full hearing in compliance with § 7205 of this title within 15 days. The Court may extend an ex parte temporary order as needed to effectuate service of the order, or where necessary to ensure the protection of the petitioner, but the duration of the ex parte temporary order may not exceed 45 days.
10 Del. C. § 9561 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9561
§ Â
        9561. Failure on return to produce receipt of proceeds.
Status: in_force

(a) If any constable, to whom an execution is delivered, does not, at or before the time it is returnable, produce the receipt of the party entitled to the benefit thereof, for the amount levied thereon, or makes an insufficient or a false return thereto, the justice shall, on request, issue a summons to a constable, or any other person, or to the sheriff, requiring the defaulting constable to appear before him or her at a time fixed, within 10 days thereafter, to show cause why an execution should not issue against him or her for the amount of the debt he or she was required by such execution to levy. The summons shall be served in the same way as an original summons.

(b) If the constable neglects to appear as required, or does not show sufficient cause why the execution should not issue against him or her, the justice shall, on proof of service of the summons, enter judgment against the constable for the amount of the debt he or she was required by such execution to levy, together with costs. There shall be no stay of execution on the judgment, and the justice shall, on request, issue an execution as in other cases.

(c) The remedy of this section is cumulative, and shall, in no manner, affect the responsibility of the constable or the constable’s sureties on his or her official bond.
10 Del. C. § 4301 — Delaware Code / Title 10 / Chapter 43 / Subchapter I / Section 4301
§ Â
        4301. Liability of witnesses for failure to appear or testify.
Status: in_force

If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action.
10 Del. C. § 6206 — Delaware Code / Title 10 / Chapter 62 / Section 6206
§ Â
        6206. Open space jurors; appointment and direction as to return.
Status: in_force

(a) If the Superior Court orders that the dedication shall be vacated, it shall then appoint 5 judicious and impartial open space jurors of the county or municipality to view said property and make return on a date fixed by the Court. The Court shall authorize the open space jurors, so appointed, to employ, if necessary, a surveyor.

(b) The open space jurors named in the commission shall first be sworn or affirmed as shall be directed in the commission.

(c) The return of the jurors shall be made to the Superior Court or to a judge thereof, who shall file the same in the office of the prothonotary.

(d) In all cases such open space jurors shall assess the damages which the county or municipality, legal title holder or other parties in interest will sustain by reason of such property vacation, including, but not limited to, loss or use, impact upon improvements previously made thereto, loss of benefit or aesthetic value to the public, and, considering all circumstances of benefit or injury which may accrue to any such party in interest therefrom, shall make a recommendation to the Court, in the return, as to apportionment thereof.
10 Del. C. § 6104 — Delaware Code / Title 10 / Chapter 61 / Section 6104
§ Â
        6104. Joinder of properties.
Status: in_force

The plaintiff may join in the same action, under this chapter, 1 or more separate pieces of property, whether in the same or different ownership and whether or not sought for the same use.
10 Del. C. § 9562 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9562
§ Â
        9562. Necessity of judgment and execution docket.
Status: in_force

There shall be a judgment and execution docket for each Justice of the Peace Court, the size, type and mode of said dockets to be as prescribed by the Chief Magistrate.
10 Del. C. § 4952 — Delaware Code / Title 10 / Chapter 49 / Subchapter III / Section 4952
§ Â
        4952. Failure or neglect in execution; penalty.
Status: in_force

The person to whom such writ of venditioni exponas may be directed, shall, for neglect, or failure, in the execution thereof, or in making return thereon, be subject to all such rules of court, suits, fines, and other process and proceedings, except that the sheriff shall not be subject to suit or liable for damages.
10 Del. C. § 7705 — Delaware Code / Title 10 / Chapter 77 / Section 7705
§ Â
        7705. Termination and renewal.
Status: in_force

(a) A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request per year during the effective period of the order for a hearing to terminate the order.

(1) The Superior Court must provide notice to all parties and a hearing before the Court may terminate the order.

(2) The respondent must prove by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.

(3) If the Superior Court finds after a hearing that the respondent has met the burden imposed by paragraph (a)(2) of this section, the Court shall terminate the order.

(b) A petitioner may request a renewal of a lethal violence protective order at any time within 3 months before the expiration of a lethal violence protective order issued under § 7704 of this title or this subsection.

(1) The Superior Court must provide notice to all parties and a hearing before the Court may renew an order issued under § 7704 of this title or this subsection.

(2) The petitioner must prove by clear and convincing evidence that the respondent continues to pose a danger of causing physical injury to self or others in the near future by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.

(3) If the Superior Court finds after a hearing that the respondent has met the burden imposed by paragraph (b)(2) of this section, the Court shall renew the lethal violence protective order.

(4) The Superior Court is to set the duration of the renewed lethal violence protective order, up to 1 year. The order remains in effect unless terminated under subsection (a) of this section, renewed under this subsection, or expired and not renewed.
10 Del. C. § 6911 — Delaware Code / Title 10 / Chapter 69 / Section 6911
§ Â
        6911. Discharge on bail.
Status: in_force

If the party is detained for any cause or offense for which the party is bailable, the party shall be discharged on becoming bound by recognizance, in a proper sum and with sufficient surety, for appearance at the court having cognizance of the matter. If the party does not give such security, the party shall be remanded with an order therefor expressing the sum in which the party is held to bail, and the court at which the party is required to appear. Any justice of the peace, court or other officer authorized by law to take bail, may, at any time before the sitting of the court, bail the party pursuant to such orders.
10 Del. C. § 5720 — Delaware Code / Title 10 / Chapter 57 / Section 5720
§ Â
        5720. Uniformity of interpretation.
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
10 Del. C. § 1325 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1325
§ Â
        1325. Judgments and executions.
Status: in_force

(a) All civil judgments rendered by the Court shall be entered in a judgment docket, which shall be properly indexed. The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonotary of the Superior Court in any or all of the 3 counties of the State upon request therefor to the Clerk by the judgment creditor in the judgment, without necessity of a motion or order, and the Prothonotary shall enter in the judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry. The judgment, so transferred, shall, from that date, become and be a lien on all the real estate of the debtor in the county in the same manner and as fully as judgments rendered in the Superior Court as liens, and may be executed and enforced in the same manner as judgments of the Superior Court. If any judgment is lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. The Prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.

(b) Writs of execution for the seizure and sale of personal property based upon judgments obtained in the Court, shall be issued in the manner provided by law for writs issuing out of the Prothonotary’s office in and for the respective counties for the seizure and sale of personal property. The Court may, by rule of the Court made for that purpose, change the method of procedure.

(c) Once a judgment has been transferred as provided in subsection (a) of this section, the Court shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.
10 Del. C. § 6303 — Delaware Code / Title 10 / Chapter 63 / Section 6303
§ Â
        6303. Judgment against 1 tortfeasor.
Status: in_force

The recovery of a judgment by the injured person against 1 joint tortfeasor does not discharge the other joint tortfeasors.
10 Del. C. § 8707 — Delaware Code / Title 10 / Chapter 87 / Section 8707
§ Â
        8707. Register in Chancery.
Status: in_force

The fees of the Register in Chancery Office for services provided shall be established by the Rules of the Court of Chancery and shall be uniform among the 3 counties.
10 Del. C. § 4786 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4786
§ Â
        4786. Right to enforce judgment unimpaired.
Status: in_force

The right of a judgment creditor to bring an action to enforce a judgment, instead of proceeding under this subchapter, remains unimpaired.
10 Del. C. § 350 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 350
§ Â
        350. Voluntary final adjudications before a Magistrate in Chancery.
Status: in_force

The parties in any matter may stipulate to a final adjudication of the matter by a Magistrate of the Court of Chancery. In such a stipulation, the parties shall consent that the decision of the Magistrate shall have the same effect as a decision of a member of the Court of Chancery. Appeals from decisions of the Magistrate in a matter governed by such a stipulation shall be determined in all respects by the same procedural and substantive standards as are applicable to appeals from decisions of members of the Court of Chancery.
10 Del. C. § 5804 — Delaware Code / Title 10 / Chapter 58 / Section 5804
§ Â
        5804. Jurisdiction.
Status: in_force

(a) Jurisdiction of the Supreme Court. — Except as otherwise provided in an agreement, the making of the agreement confers jurisdiction on the Supreme Court of the State to hear only a challenge to a final award under § 5809 of this title. The Supreme Court does not have jurisdiction to hear appeals of:

(1) The appointment of an arbitrator under § 5805 of this title;

(2) The determination of an arbitrator’s fees under § 5806(b) of this title;

(3) The issuance or denial of an injunction in aid of arbitration under paragraph (b)(5) of this title; and

(4) The grant or denial of an order enforcing a subpoena issued under § 5807(b) of this title.

A party to any agreement shall be deemed to have waived the right to such appeals. The Supreme Court, in consultation with the Court of Chancery, may publish rules for arbitration proceedings under this chapter and, unless an agreement provides for different rules, may specify that those rules govern arbitration proceedings under this chapter.

(b) Jurisdiction of the Court of Chancery. — The making of an agreement confers jurisdiction on the Court of Chancery of the State only to:

(1) Appoint an arbitrator under § 5805 of this title;

(2) Enter judgment under § 5810(b) of this title;

(3) Upon the request of an arbitrator, enforce a subpoena issued under § 5807(b) of this title;

(4) Determine an arbitrator’s fees under § 5806(b) of this title; and

(5) Issue, only before an arbitrator accepts appointment as such, an injunction in aid of an arbitration, provided that the injunction may not divest the arbitrator of jurisdiction or authority. Notwithstanding the foregoing, no court has jurisdiction to enjoin an arbitration under this chapter.

The Court of Chancery may promulgate rules to govern proceedings under this chapter.

(c) Jurisdiction of the Superior Court. — The making of an agreement confers jurisdiction on the Superior Court of the State only to enter judgment under § 5810(c) of this title.
10 Del. C. § 5118 — Delaware Code / Title 10 / Chapter 51 / Section 5118
§ Â
        5118. Dower actions.
Status: in_force

In respect to the costs in actions for dower, the court shall exercise equitable powers.
10 Del. C. § 325 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 325
§ Â
        325. Court reportersâ charges.
Status: in_force

The Chancellor may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.
10 Del. C. § 4807 — Delaware Code / Title 10 / Chapter 48 / Section 4807
§ Â
        4807. Savings clause.
Status: in_force

This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.
10 Del. C. § 6501 — Delaware Code / Title 10 / Chapter 65 / Section 6501
§ Â
        6501. Power of courts; form and effect of declaration.
Status: in_force

Except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force and effect of a final judgment or decree.
10 Del. C. § 9708 — Delaware Code / Title 10 / Chapter 97 / Section 9708
§ Â
        9708. Duties with respect to fees; limitations on fees.
Status: in_force

The justice shall tax the fee for every service specified in this chapter. No other fee shall be allowed and no mileage shall be allowed unless it is expressly given. In no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand give a receipt specifying the items.
10 Del. C. § 2803 — Delaware Code / Title 10 / Chapter 28 / Section 2803
§ Â
        2803. Salary and term; mileage.
Status: in_force

(a) (1) Justice of the peace constables appointed pursuant to this chapter shall be subject to all the rules and regulations as delineated in Chapter 59 of Title 29 dealing with merit system administration and shall be compensated in accordance with the State’s uniform pay plan.

(2) All moneys collected by justice of the peace constables for fines, costs, fees or forfeitures shall be for the use of the State, except where otherwise directed by law.

(b) In addition to a salary, each justice of the peace constable shall be entitled to receive mileage at the rate of 25 cents per mile for each mile necessarily travelled in the necessary discharge of duties as constable. Each justice of the peace constable, on the last day of each month, shall present to the State Treasurer an itemized and verified account of all mileage fees incurred as aforesaid, and the State Treasurer shall pay the amount thereof to the constable. The total charge for mileage thus compiled in each case shall be charged as costs in the case and when collected shall be paid to the State Treasurer.
10 Del. C. § 7308 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7308
§ Â
        7308. Order to surrender property.
Status: in_force

Upon sufficient cause shown, the court may order the petitioner to produce any money in the petitioner’s possession or control, or any deeds, bonds, notes, books of account, or other writings relating to his or her estate, and remand the petitioner until such order is complied with.
10 Del. C. § 6915 — Delaware Code / Title 10 / Chapter 69 / Section 6915
§ Â
        6915. Returning writ and producing body; violations and penalties; compelling production.
Status: in_force

(a) If any officer or person to whom the writ of habeas corpus is directed, or any deputy of such officer, or agent of such person, neglects to return the writ and produce the body as required by § 6907 of this title, it shall be a contempt of the court under whose seal the writ issued and a forfeiture of office. Such officer, person, deputy, or agent shall forfeit and pay to the prisoner $500.

(b) Where the writ of habeas corpus is made returnable before the Superior Court, such contempt shall be punishable by the Court by both fine and imprisonment, or either, in its discretion; and the Court may, by attachment for contempt, compel the production before it, of the body of the person imprisoned or restrained of liberty.
10 Del. C. § 324 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 324
§ Â
        324. Temporary appointments.
Status: in_force

If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Chancellor may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time and for such compensation as he or she shall determine. Substitute court reporters shall take the same oath of office as is required of a court reporter, and their acts shall have the same force and effect as if done by an official court reporter. Such oath shall not be recorded, but shall be filed with the Register.
10 Del. C. § 2902 — Delaware Code / Title 10 / Chapter 29 / Section 2902
§ Â
        2902. Duties; limited authority.
Status: in_force

(a) The code enforcement constables appointed pursuant to this chapter may enforce only those codes and ordinances pertaining to building, housing, sanitation, zoning, or public health.

(b) Notwithstanding any other law, a code enforcement constable appointed pursuant to this chapter shall not have jurisdiction outside the limits of the county or municipal corporation employing such constable. Provided, however, that a code enforcement constable appointed by the Housing Director shall have jurisdiction throughout the State to enforce the provisions of the State Housing Code in a county or municipality which has not adopted and/or undertaken to enforce the State Housing Code after July 12, 1988. In addition to the other powers set forth herein, such housing code enforcement constables may impose a voluntary assessment of $100 in cases involving first offenders of the State Housing Code.

(c) Code enforcement constables appointed pursuant to this chapter shall not be permitted to carry firearms while on duty as such.

(d) Notwithstanding any other law, a code enforcement constable may lawfully issue a summons to any person the constable has reasonable grounds to believe has committed an offense against any ordinance pertaining to building, housing, sanitation, animal control, zoning, or public health code of the county or municipal corporation by whom the constable is employed, directing the person to appear before a court having jurisdiction over such offense whether or not the offense was committed in the constable’s presence.

(e) Any summons issued by a housing official with constable powers may, in cases involving first offenders, provide that in lieu of appearing in court, the offender may remit a voluntary assessment of $100.

(f) Any summons issued by a New Castle County code enforcement constable may provide that, in lieu of appearing in court, the offender may correct the offense and remit a voluntary assessment of up to $200 for each offense against any ordinance pertaining to building, housing, sanitation, zoning or public health code of New Castle County. The summons may provide that each day such violation continues shall constitute a separate offense.
10 Del. C. § 4517 — Delaware Code / Title 10 / Chapter 45 / Section 4517
§ Â
        4517. Jurisdiction.
Status: in_force

The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter.
10 Del. C. § 6002 — Delaware Code / Title 10 / Chapter 60 / Section 6002
§ Â
        6002. Scope.
Status: in_force

(a) In this section:

(1) “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(2) “Governmental unit” means a public corporation or government or governmental subdivision, agency, or instrumentality.

(3) “Person” means an individual, estate, business or nonprofit entity, governmental unit, or other legal entity.

(b) Except as otherwise provided in subsection (c) of this section, this chapter applies to a cause of action asserted in a civil action against a person based on the person’s:

(1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Delaware’s Constitution, on a matter of public concern.

(c) Except as provided in subsection (d) of this section, this chapter does not apply to a cause of action:

(1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, regulation, or ordinance;

(3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person’s sale or lease of the goods or services;

(4) Based on a common law fraud claim; or

(5) Alleging a violation of either subchapter II or III of Chapter 25 of Title 6.

(d) This chapter applies to a cause of action asserted under paragraph (c)(3), (4), or (5) of this section when the cause of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.
10 Del. C. § 5094 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIV / Section 5094
§ Â
        5094. Restitution on reversal of judgment after sale of real estate.
Status: in_force

If, after the sale of real estate upon execution process, the judgment upon which such writ is awarded shall be reversed for error, the real estate, so sold, shall not be restored, nor any part thereof, nor shall the sale thereof be avoided; but in such case, restitution only of the money for which such lands may be sold, shall be made.
10 Del. C. § 8702 — Delaware Code / Title 10 / Chapter 87 / Section 8702
§ Â
        8702. Sheriff.
Status: in_force

(a) The fees of the Sheriff of Kent County shall be established by ordinance of the governing body of Kent County.

(b) This section shall not apply to the Sheriff of New Castle County.

(c) The fees of the Sheriff of New Castle County shall be established by ordinance of the governing body of New Castle County.

(d) This section shall not apply to the Sheriff of Sussex County.

(e) The fees of the Sheriff of Sussex County shall be established by ordinance of the governing body of Sussex County.
10 Del. C. § 328 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 328
§ Â
        328. Budgetary powers of Supreme Court.
Status: in_force

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.
10 Del. C. § 8125 — Delaware Code / Title 10 / Chapter 81 / Section 8125
§ Â
        8125. Valuation and assessment of property.
Status: in_force

Actions for anything done in pursuance of Chapter 83 of Title 9, relating to valuation and assessment of property, shall be brought within 6 months. If judgment is given for defendant, defendant shall recover treble costs.
10 Del. C. § 6512 — Delaware Code / Title 10 / Chapter 65 / Section 6512
§ Â
        6512. Purpose and construction of chapter.
Status: in_force

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
10 Del. C. § 8118 — Delaware Code / Title 10 / Chapter 81 / Section 8118
§ Â
        8118. Other savings.
Status: in_force

(a) If in any action duly commenced within the time limited therefor in this chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ is abated, or the action otherwise avoided or defeated by the death of any party thereto, or for any matter of form; or if after a verdict for the plaintiff, the judgment shall not be given for the plaintiff because of some error appearing on the face of the record which vitiates the proceedings; or if a judgment for the plaintiff is reversed on appeal or a writ of error; a new action may be commenced, for the same cause of action, at any time within 1 year after the abatement or other determination of the original action, or after the reversal of the judgment therein.

(b) If in the original action, the benefit of this chapter is pleaded, and a verdict upon such defense is found for the plaintiff, such verdict shall be conclusive evidence that the original action was commenced within the time limited therefor.
10 Del. C. § 4916 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4916
§ Â
        4916. Exemption of qualified tuition programs and qualified ABLE programs.
Status: in_force

(a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held in and proceeds payable under or from any account established under a Qualified Tuition Program under § 529 of the Internal Revenue Code of 1986 (26 U.S.C. § 529), as amended (a “Tuition Account”) and any account established under § 529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A) (an “ABLE Account”). This exemption shall only apply to such amount as does not exceed the total contributions permitted under § 529(b)(6) of the Internal Revenue Code of 1986 (26 U.S.C. § 529(b)(6)) with respect to any Tuition Account or under § 529A(b)(6) of the Internal Revenue Code of 1986 (26 U.S.C. § 529A(b)(6)) with respect to any ABLE Account.

(b) This section shall not exempt from execution or attachment assets contributed by a debtor to any Tuition Account or ABLE Account within 365 days to the extent that such assets contributed within said 365 days exceed the greater of:

(1) $5,000; or

(2) The average annual contribution made by such debtor to such Tuition Account or ABLE Account for the 2 calendar years preceding the date of the filing of such execution or attachment or the filing of such petition.

(c) This section shall not exempt from execution or attachment any judgment obtained under Chapter 5 of Title 13 or § 554 of Title 30. If any portion of this section is held invalid or is preempted by federal law, in whole or in part, the remaining portions shall remain in effect to the maximum extent permitted by law.

(d) In the case of a Tuition Account or ABLE Account owned by a trust, nothing in this section may be construed to limit the protections afforded to trusts by § 3536 of Title 12.
10 Del. C. § 2806 — Delaware Code / Title 10 / Chapter 28 / Section 2806
§ Â
        2806. Training.
Status: in_force

Every justice of the peace constable appointed pursuant to this chapter shall receive annual firearms training and training in the use of deadly force. Any justice of the peace constable not so trained is prohibited from carrying a firearm while on duty. In addition, justice of the peace constables shall receive annually such other training as is deemed appropriate by the Chief Magistrate. In all cases, however, a justice of the peace constable must meet the minimum standards established by the Police Officer Standards and Training Commission for part-time police officers or the equivalent thereof approved by the Board.
10 Del. C. § 7130 — Delaware Code / Title 10 / Chapter 71 / Section 7130
§ Â
        7130. Cumulative remedies.
Status: in_force

The causes of action and remedies authorized by this chapter shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity. Further, nothing herein shall be construed as to limit the power or authority of the Court in the enforcement of this chapter. However, in every case initiated under this chapter, the Court shall impose the least onerous remedy possible.
10 Del. C. § 4987 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4987
§ Â
        4987. Sheriffâs record of sale proceeds.
Status: in_force

The sheriff shall, in proper books, keep a record of the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in the sheriff’s hands, as provided in § 2106 of this title.
10 Del. C. § 6507 — Delaware Code / Title 10 / Chapter 65 / Section 6507
§ Â
        6507. Review.
Status: in_force

All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
10 Del. C. § 2309 — Delaware Code / Title 10 / Chapter 23 / Section 2309
§ Â
        2309. Partnership and Association Docket.
Status: in_force

The prothonotary shall keep a Partnership and Association Docket, make all entries therein and perform all the duties relative to partnership and association certificates, as provided by § 3103 of Title 6.
10 Del. C. § 104 — Delaware Code / Title 10 / Chapter 1 / Subchapter I / Section 104
§ Â
        104. Purchase of supplies.
Status: in_force

The Supreme Court from time to time may purchase for the Court such furniture, equipment, law books, stationery, and other supplies as may be requisite for the proper operation of the Court.
10 Del. C. § 1922 — Delaware Code / Title 10 / Chapter 19 / Subchapter I-A / Section 1922
§ Â
        1922. Public display or public posting of a judicial officerâs personal information by government agencies.
Status: in_force

Government agencies may not publicly post or publicly display content that includes the personal information of the judicial officer or their family if the judicial officer has made a written request under § 1924 of this title that the government agency not disclose such personal information. After a government agency has received a written request, that agency shall remove the personal information from publicly available content within 72 hours. After the government agency has removed the judicial officer’s personal information from publicly available content, the agency shall not publicly post, display or otherwise release the information unless the government agency has received the judicial officer’s consent to make the personal information available to the public.
10 Del. C. § 1049L — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049L
§ Â
        1049L. Immunity.
Status: in_force

This State or a state agency, local governmental agency, law-enforcement officer, prosecuting attorney, clerk of court, or state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a Canadian domestic-violence protection order or the detention or arrest of an alleged violator of a Canadian domestic-violence protection order if the act or omission was a good faith effort to comply with this part.
10 Del. C. § 4515 — Delaware Code / Title 10 / Chapter 45 / Section 4515
§ Â
        4515. Protection of jurorsâ employment.
Status: in_force

(a) An employer shall not deprive an employee of employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends Court for prospective jury service.

(b) Any employer who violates subsection (a) of this section is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than 6 months, or both.

(c) If an employer discharges an employee in violation of subsection (a) of this section, the employee may file a civil action in Superior Court within 90 days for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. An employee who prevails shall be allowed a reasonable attorney’s fee fixed by the Court.
10 Del. C. § 5722 — Delaware Code / Title 10 / Chapter 57 / Section 5722
§ Â
        5722. Death or incompetency of a party.
Status: in_force

Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, the party’s executor or administrator, or, where it relates to real property, the party’s distributee or devisee who has succeeded to the party’s interest in the real property. Where a committee of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the application of, or notice to, the committee. Upon the death or incompetency of a party, the Court may extend the time within which an application to confirm, vacate or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a judgment or decree has been rendered.
10 Del. C. § 6917 — Delaware Code / Title 10 / Chapter 69 / Section 6917
§ Â
        6917. Rearrest of discharged person for same offense; exceptions.
Status: in_force

No person who has been discharged on a habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail by some court having jurisdiction of the cause; or unless, after a discharge for defect of proof, or for some material defect in the commitment in a criminal case, the person is again arrested on sufficient proof, and committed by legal process for the same offense.
10 Del. C. § 5083 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIII / Section 5083
§ Â
        5083. Endorsing of date on writ.
Status: in_force

The prothonotary, issuing an execution, shall endorse thereon the date of its issue.
10 Del. C. § 5209 — Delaware Code / Title 10 / Chapter 52 / Section 5209
§ Â
        5209. Pre-judgment and judgment interest.
Status: in_force

(a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this State.

(b) The court or arbitrator shall increase or decrease the amount of pre-judgment or pre-award interest otherwise payable in a judgment or award in foreign-money to the extent required by the law of this State governing a failure to make or accept an offer of settlement or offer of judgment or conduct by a party or its attorney causing undue delay or expense.

(c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this State.
10 Del. C. § 8133 — Delaware Code / Title 10 / Chapter 81 / Section 8133
§ Â
        8133. Limitation from civil liability for certain nonprofit organization volunteers.
Status: in_force

(a) For purposes of this section, the following terms shall have the meanings ascribed herein:

(1) “Activity” is any decision, act or event undertaken by an organization in furtherance of the purpose or purposes for which such organization was organized and exempted from federal income tax, and in the case of a governmental entity described in paragraph (a)(4)b. of this section, in furtherance of the exercise of any governmental function. By way of example, and not limitation, the planning for, sponsorship and conduct of a fundraising event for the benefit of 1 or more organizations is an “activity.”

(2) “Compensation” is any remuneration, whether by way of salary, fee or otherwise, for services rendered, exclusive of any gift perquisite in the form of access to services of the organization at no or a reduced cost or reimbursement for costs actually incurred. Compensation shall not include any remuneration which an ex officio trustee receives by way of salary for a position which requires among other duties serving as an ex officio trustee.

(3) “Employee” is any person who receives compensation from an organization or a third party for services rendered in connection with an activity of such organization.

(4) “Organization” shall include:

a. Any not-for-profit organization exempt from federal income tax under § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)), as amended, or other act of Congress, and engaged in any activity within the State in furtherance of a purpose for which it was organized; and

b. Any governmental entity, including the United States, the State and any board, commission, division, office, task force or other agency of the State or the United States, exempt from federal income tax under § 115 of the Internal Revenue Code (26 U.S.C. § 115), as amended, or other acts of Congress, and engaged in any activity within the State in furtherance of the exercise of any governmental function.

(5) “Volunteer” is any trustee, ex officio trustee, director, officer, agent or worker who is engaged in an activity without compensation.

(b) No volunteer of an organization shall be subject to suit directly, derivatively or by way of contribution for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of such organization.

(c) Notwithstanding subsection (b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; provided, that the amount recovered from such volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.

(d) The immunity granted in subsection (b) of this section shall not extend to any act or omission constituting wilful and wanton or grossly negligent conduct.

(e) In any suit against an organization for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the liability of the organization therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to such negligent act or omission under subsection (b) of this section.
10 Del. C. § 6918 — Delaware Code / Title 10 / Chapter 69 / Section 6918
§ Â
        6918. Costs and fees.
Status: in_force

The costs in any proceeding under this chapter may be ordered to be paid by the county or otherwise. If the commitment is insufficient, the justice or officer who made it shall have no compensation for attendance.
10 Del. C. § 3917 — Delaware Code / Title 10 / Chapter 39 / Section 3917
§ Â
        3917. Proof of signatures in actions or written instruments.
Status: in_force

In any action brought upon any deed, bond, bill, note or other instrument of writing, a copy of which has been filed with the complaint, the plaintiff may specifically require the defendant or defendants to deny the allegation that the defendant’s or defendants’ signature appears on the instrument by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging that the signature of defendant or defendants appears upon the instrument. Any defendant so answering shall specifically deny that the defendant’s signature appears on the instrument. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with the answer shall be deemed an admission of the signature as alleged.
10 Del. C. § 5110 — Delaware Code / Title 10 / Chapter 51 / Section 5110
§ Â
        5110. Appeals from justice of the peace.
Status: in_force

(a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party’s costs, as well as those before the justice as those upon the appeal, subject to the provisions of subsections (b) and (c) of this section.

(b) If a party appealing from a justice of the peace on the special ground of the party’s demand or a part thereof being disallowed, shall not establish a demand exceeding what was allowed to the party before the justice by at least the smallest sum for the disallowance whereof the party had the right of appeal, the party shall not recover his or her costs on the appeal, and shall pay the appellee’s costs on the appeal.

(c) If a party appealing on the ground referred to in subsection (b) of this section establishes a demand exceeding what was allowed to such party before the justice by such smallest sum, then the appellee, although there may be still a sum due to him or her, shall recover no costs on the appeal.
10 Del. C. § 4711 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4711
§ Â
        4711. Time limitation of judgment lien; extension of time.
Status: in_force

(a) No judgment for the recovery of money entered or recorded in the Superior Court, whether rendered by that Court or transferred thereto from the Supreme Court, or from the dockets of a justice of the peace or the Court of Common Pleas, or operative by virtue of any writ of testatum fieri facias, or otherwise, howsoever recorded in the Court, shall continue a lien upon real estate for a longer term than 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which the judgment is recovered or rendered shall not be due and payable at or before the time of its entry or recording, the day on which such money shall have become wholly due and payable, unless, within the term of 10 years, the lien of such judgment is renewed and continued by a written agreement, signed by the plaintiff, or if there is more than 1, 1 or more of the plaintiffs therein, or the assignee or assignees thereof, or the person or persons to whose use such judgment shall have been marked, such person’s or persons’ executors or administrators, and by the defendant or defendants therein, such defendant’s or defendants’ executors or administrators, and, in order to bind lands conveyed by the defendant or defendants by deeds of record subsequent to such judgment, the terre tenant or terre tenants of the real estate bound by such lien, or, in case of a judgment upon a mechanic’s lien, the terre tenant or terre tenants of such real estate, or by the attorneys of record of the respective parties to such judgment, or of the persons interested therein, in substantially the following form, after stating the title of the cause: “It is agreed that the lien of this judgment shall be extended for the term of 10 years,” filed in the office of the prothonotary and by the prothonotary minuted and certified upon the record of the judgment, or of the testatum fieri facias, as the case may be, or by scire facias, in manner set forth in this section. If a writ of scire facias is sued out of the Court before the expiration of the term of 10 years, and the term expires during the pendency of the proceedings upon the scire facias, the lien of the judgment shall continue until final determination by the Court of the rights of the respective parties thereto, or until the discontinuance or dismissal of such scire facias. If final judgment in such scire facias is rendered against the plaintiff or plaintiffs therein, and an appeal or a writ of error is taken, and the Supreme Court renders final judgment thereon in favor of the plaintiff, plaintiff in error, or appellant, the lien of such original judgment shall be restored and continued. Such restoration or continuance of the lien by such final judgment of the Supreme Court shall not in any manner affect or be operative as against any bona fide purchaser, mortgagee or judgment creditor, who becomes such after the entry of such final judgment by the Superior Court upon such scire facias and before the noting upon the record of such final judgment in such scire facias of the taking of the appeal or writ of error.

(b) No judgment which is a general lien, including judgments for costs and judgments in favor of the State or any political subdivision thereof, shall remain a lien for more than the 10-year period hereinabove provided, unless renewed for a further 10-year term in accordance with the provisions of this section

(c) This section shall not apply to those judgments entered of record pursuant to court-ordered restitution awards as provided in § 4101(b) of Title 11; however, no such judgment will attach to a parcel of real property for more than 7 years after the convicted person has sold, transferred, or lost their ownership interest in that specific parcel of real property.

(d) Unless extended by the procedure set forth in § 4715 of this title or the express conditions of a criminal sentencing order, the automatic lien on real property that is derived from a criminal judgment filed with the prothonotary expires 7 years from the date the convicted person sold, transferred, or lost their ownership interest in that specific parcel of real property. If a lien on real property is removed, a criminal judgment’s personal liability against a defendant remains valid and enforceable. This subsection applies to all of the following:

(1) Liens on real property derived from a criminal judgment filed with the prothonotary after October 21, 2022.

(2) Liens on real property derived from a criminal judgment filed with the Prothonotary before October 21, 2022, if the judgment is extended under § 4715 of this title by October 22, 2023.
10 Del. C. § 1062 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1062
§ Â
        1062. Assignment of prosecutors and public defenders.
Status: in_force

Sufficient prosecutors and public defenders shall be assigned to the Court in each county as are required in the judgment of the Attorney General, the Chief Defender and the Court.
10 Del. C. § 7105 — Delaware Code / Title 10 / Chapter 71 / Section 7105
§ Â
        7105. Action to abate criminal nuisance.
Status: in_force

(a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7113 of this title and to seek civil penalties provided under § 7126 of this title.

(b) Any other person, as defined in § 7103 of this title, may bring an action to abate a criminal nuisance under this title on behalf of the Attorney General in the name of the State, provided the person serves the State Solicitor with a copy of the complaint within 5 days of filing. The Attorney General may elect to intervene and proceed with the action after it receives a copy of the complaint. If the Attorney General reviews the complaint and determines that there is insufficient evidence to support the claim, the Attorney General may dismiss the complaint.
10 Del. C. § 1995 — Delaware Code / Title 10 / Chapter 19 / Subchapter VII / Section 1995
§ Â
        1995. Salaries.
Status: in_force

The governing body of the municipality or county in which the court has jurisdiction within the provisions of this subchapter, shall determine the amount of, and authorize the payment of, the annual salaries of the court commissioner or commissioners, as other salaries are paid by the governing body of a particular municipality or county.
10 Del. C. § 4801 — Delaware Code / Title 10 / Chapter 48 / Section 4801
§ Â
        4801. Definitions.
Status: in_force

In this chapter:

(1) “Foreign country” means a government other than:

a. The United States;

b. A state, district, commonwealth, territory, or insular possession of the United States; or

c. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the full faith and credit clause of the United States Constitution [U.S. Const. art. IV, § 1].

(2) “Foreign-country judgment” means a judgment of a court of a foreign country.
10 Del. C. § 6513 — Delaware Code / Title 10 / Chapter 65 / Section 6513
§ Â
        6513. âPersonâ construed.
Status: in_force

The word “person”, wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
10 Del. C. § 9705 — Delaware Code / Title 10 / Chapter 97 / Section 9705
§ Â
        9705. Parties.
Status: in_force

The fees of parties in cases before a justice of the peace shall be as follows:
10 Del. C. § 1065 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1065
§ Â
        1065. Obtaining personal jurisdiction.
Status: in_force

(a) Jurisdiction is acquired over a party in any civil action by transmitting to the party a copy of the summons and the petition or complaint (the papers) by any of the following methods:

(1) By personal service.

(2) By leaving a copy at the party’s dwelling house or usual place of abode with some person of suitable age and discretion residing there.

(3) By any form of mail.

(4) In the manner prescribed by court rule.

(5) In the manner directed by the Court, including publication in print or on a legal notices website established by the Court, if other methods of service have failed or are deemed to have been inadequate.

(b) If a party to whom papers have been transmitted by ordinary mail shall fail to appear in the action and there shall be no reliable proof that such party has received notice thereof, then the Court shall order that further effort be made to provide notice to that party which may include notice by certified or registered mail, or by any other method for providing notice specified in subsection (a) of this section above.

(c) Jurisdiction shall be acquired over a minor by any of the above methods directed to the minor and to the minor’s parent, custodian or guardian.

(d) If, for any particular action, another statute or rule adopted pursuant to statute prescribes a method or methods for acquiring jurisdiction over a party, then jurisdiction shall be acquired thereby.

(e) It is not necessary to transmit papers or otherwise provide notice to a party who has entered an appearance in the action.
10 Del. C. § 5062 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5062
§ Â
        5062. Land divided by county line; venue of action.
Status: in_force

Whenever the dividing line between any 2 counties of this State runs through a tract of land conveyed in mortgage, a writ of scire facias may be sued out in either county in which any part of such tract is situated, directed to the sheriff of the county in which such writ is sued out. The sheriff may make service of the writ, notwithstanding any person or persons liable to such service in and residing in this State may live outside the sheriff’s bailiwick. The Superior Court of the county wherein such action is brought may give definitive judgment upon such scire facias with the same effect as if the lands lay wholly within such county.
10 Del. C. § 7007 — Delaware Code / Title 10 / Chapter 70 / Section 7007
§ Â
        7007. Time to file.
Status: in_force

(a) Statute of limitations. —

A petition under § 7004 of this title must be brought within 6 years after the provision of notice as required in § 7006 of this title.

(b) Pre-Enactment Claims. —

A petitioner who was incarcerated, placed on probation or parole, or required to register as a sex offender based on a criminal conviction prior to June 30, 2025, may bring a petition under § 7004 of this title based on that conviction by June 30, 2031.

(c) If, on or after a date 2 years before the limitations period under this section would otherwise expire, the petitioner obtains new evidence of innocence that the petitioner could not previously have obtained with reasonable diligence, the petitioner may file a petition under § 7004 of this title within 4 years of the date on which the petitioner obtains the new evidence.
10 Del. C. § 4980 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4980
§ Â
        4980. Deed executed after petition; effect on title.
Status: in_force

A deed, executed pursuant to an order made under § 4979 of this title, shall pass to the grantee therein all the title and estate to and in the premises therein conveyed, which, in pursuance of the sale, and of the execution, or order by virtue whereof such sale was made, can, or ought to be passed. If the person, to whom such deed is executed, is not entitled to the same, according to justice and equity, or if a greater estate is conveyed to the grantee than the grantee is justly entitled to, such deed, or order, shall not prejudice any person having right; but such deed may be decreed to be upon trust, or any person, having right, may be otherwise relieved according to equity and good conscience.
10 Del. C. § 8602 — Delaware Code / Title 10 / Chapter 86 / Section 8602
§ Â
        8602. Conditions of payment.
Status: in_force

(a) When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is granted, the full amount shall be payable forthwith.

(b) When the court determines that a defendant must pay the costs of defense and the defendant is also placed on probation, or the imposition or execution of a sentence is suspended, the court may make payment of such costs a condition of probation or suspension of sentence.
10 Del. C. § 2313 — Delaware Code / Title 10 / Chapter 23 / Section 2313
§ Â
        2313. Furnishing copies of sentences in criminal cases.
Status: in_force

The prothonotary shall deliver a copy of every sentence in a criminal case to the board, warden or other authority having the control and administration of the prison to which the prisoner is sentenced.
10 Del. C. § 1962 — Delaware Code / Title 10 / Chapter 19 / Subchapter III / Section 1962
§ Â
        1962. Distribution of judicial reports.
Status: in_force

(a) The Secretary of State, upon the receipt of published legal reports, shall retain 1 copy in the Secretary of State’s office; shall send 1 copy to each judge of each state, county or municipal court, and to each justice of the peace; and shall distribute copies to such agencies and public officials of this State as show a need for them.

The Secretary of State shall also transmit 1 copy to each of the following: The Library of Congress, University of Delaware Library, Delaware State University Library, the Delaware Historical Society, the Wilmington Institute Free Library, Legislative Council and to each public law library within this State, 2 copies each.

(b) The copies delivered to the judges and justices of the peace and state offices shall belong to their respective offices and shall be delivered to their successors in office.
10 Del. C. § 1315 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1315
§ Â
        1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.
Status: in_force

(a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. 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. Upon second and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political party shall not exceed the number of Commissioners from another major political party by more than 1.

(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by article XIV, §  1 of the Delaware Constitution before they enter upon the duties of their offices.

(c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term.
10 Del. C. § 5808 — Delaware Code / Title 10 / Chapter 58 / Section 5808
§ Â
        5808. Awards.
Status: in_force

(a) A final award must be in writing and signed by an arbitrator, must be provided to each party to an arbitration, and must include a form of judgment for entry under § 5810 of this title. Unless otherwise provided in an agreement, an arbitrator may make any award, whether legal or equitable in nature, deemed appropriate by the arbitrator. Unless otherwise provided in an agreement, an arbitrator may make in a final award rulings on any issue of law that the arbitrator considers relevant to an arbitration.

(b) Subject to subsection (c) of this section, an arbitrator shall issue a final award within the time fixed by an agreement or, if not so fixed, within 120 days of the arbitrator’s acceptance of the arbitrator’s appointment.

(c) Parties to an arbitration may extend the time for the final award by unanimous consent in writing either before or after the expiration of that time, but the extension may not exceed, whether singly or in the aggregate, 60 days after the expiration of the period set by subsection (b) of this section.
10 Del. C. § 9549 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9549
§ Â
        9549. Garnishees; time for appearance; pleadings.
Status: in_force

(a) The day fixed for the garnishees’ appearance shall not be less than 5 days from the date, nor shall it be after the return day of the execution.

(b) The garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, concerning any credits, money or rights arising from any agreement, or contract, for personal labor, hire or services of the defendant for which the garnishee is accountable to the defendant, after the garnishee is so summoned to answer and until the judgment with costs has been paid.
10 Del. C. § 5091 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIV / Section 5091
§ Â
        5091. Execution on judgment for penalty.
Status: in_force

When an execution is issued upon a judgment for a penalty, the officer issuing it shall endorse thereon the real debt and the time from which interest is to be calculated.
10 Del. C. § 4718 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4718
§ Â
        4718. Judgment on bond other than for payment of money.
Status: in_force

No judgment entered by virtue of a warrant of attorney in the Superior Court, upon any bond or obligation with condition other than for the payment of money, shall be or operate as a lien upon real estate until the bond or obligation and warrant of attorney, or a copy thereof, certified under the hand of the prothonotary and the seal of the Court, is filed in the office of such prothonotary. The prothonotary, at all times thereafter, shall safely keep such bond or obligation and warrant of attorney, or certified copy thereof, in his or her office. The provisions of this section shall not apply to any official bond or obligation given by a public officer.
10 Del. C. § 5019 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5019
§ Â
        5019. Effect of writ on title and on other remedies.
Status: in_force

Nothing contained in this subchapter shall deprive a purchaser of his or her remedy by a civil action in the nature of an action of ejectment, nor debar from such remedy a person removed from possession; and any proceedings under this subchapter, shall not be conclusive as to the title of either party.
10 Del. C. § 5082 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIII / Section 5082
§ Â
        5082. Priority of liens.
Status: in_force

If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers.
10 Del. C. § 7324 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7324
§ Â
        7324. Rental liability of property assigned; payment before removal.
Status: in_force

If the petitioner is a tenant holding any lands or tenements under rent, the petitioner’s goods and chattels that are on the demised premises at the time of executing the assignment, shall be liable for the rent of such premises for the current or preceding year, if such rent be not paid, but for 1 year only. The landlord may require that such rent be paid before the removal of the goods or chattels from the demised premises.
10 Del. C. § 6508 — Delaware Code / Title 10 / Chapter 65 / Section 6508
§ Â
        6508. Supplementary relief.
Status: in_force

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
10 Del. C. § 5041 — Delaware Code / Title 10 / Chapter 49 / Subchapter IX / Section 5041
§ Â
        5041. Fieri facias; time of return.
Status: in_force

Every fieri facias shall be actually returned by the sheriff to whom it was delivered before the rising of the court, to which it is returnable, on the second day after the return day mentioned in the writ, with the sheriff’s certificate of what the sheriff has done thereon in usual and legal form.
10 Del. C. § 5015 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5015
§ Â
        5015. Defendant as bona fide tenant.
Status: in_force

If the defendant is in possession bona fide as tenant under, or by possession of another, a writ of possession shall not be awarded.
10 Del. C. § 5072 — Delaware Code / Title 10 / Chapter 49 / Subchapter XII / Section 5072
§ Â
        5072. Execution on judgments in civil actions.
Status: in_force

(a) An execution may be issued upon a judgment in a civil action at any time within 5 years from the time when such judgment was entered or rendered, or from the time when such judgment became due; or to collect any instalment of a judgment within 5 years from the time when such instalment fell due.

This section shall only apply to cases when no execution has been previously issued to collect such judgment or instalment, and to cases where 1 or more have been issued for such purpose, and it appears by the return of the officer that such judgment or instalment, as the case may be, has not been paid or satisfied. As to all other cases the law shall remain unaffected.

(b) No judgment shall be deemed to be paid or satisfied, in whole or in part, by a levy on execution process, unless it appears otherwise than by the fact of such levy that such payment or satisfaction has been made.
10 Del. C. § 9503 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9503
§ Â
        9503. Power to administer oaths.
Status: in_force

A justice of the peace may administer oaths in all cases where an oath is required by law.
10 Del. C. § 8505 — Delaware Code / Title 10 / Chapter 85 / Section 8505
§ Â
        8505. Court security assessment.
Status: in_force

(a) All state courts shall assess as part of court costs a supplemental court security assessment not to exceed $10 on each initial civil filing and on each criminal, traffic or delinquency charge for which there is a conviction or finding of delinquency or responsibility, or voluntary assessment paid.

(b) Court security assessment funding shall be deposited in a Court Security Fund and maintained separately from the General Fund of the State. This fund shall provide supplemental funding for personnel, equipment and/or training expenses related to judicial branch security.

(c) The Chief Justice shall submit a court security needs plan each fiscal year which shall be approved by the Office of Management and Budget and Controller General.

(d) The funds shall be distributed each fiscal year and shall be based upon the court security needs plan as approved by the Office of Management and Budget and the Controller General. If the plan includes additional funding for Capitol Police, the Capitol Police shall use that funding solely for the uses specified in the court security plan.

(e) There shall be no fee increases to the court security assessment pursuant to this section unless authorized by a further act of the General Assembly.

(f) The court security fund shall be supplemental to existing court security funding and nothing in this section shall diminish current ongoing budgetary and personnel allocations for judicial branch security services.
10 Del. C. § 4509 — Delaware Code / Title 10 / Chapter 45 / Section 4509
§ Â
        4509. Disqualification from jury service.
Status: in_force

(a) The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror is disqualified for jury service.

(b) All persons are qualified for jury service except those who are:

(1) Not citizens of the United States;

(2) Less than 18 years of age;

(3) Not residents of the county of prospective jury service;

(4) Unable to read, speak and understand the English language;

(5) Incapable, by reason of physical or mental disability, of rendering satisfactory jury service; or

(6) Convicted felons who have not had their civil rights restored.

(c) A prospective juror may be required to submit proof as to possible disqualification, including a physician’s or Christian Science Practitioner’s certificate, and the physician or practitioner is subject to inquiry by the Court at its discretion.
10 Del. C. § 5063 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5063
§ Â
        5063. Judgment upon default.
Status: in_force

If the defendant fails to appear at the return day of the scire facias, definitive judgment therein, as well as all other judgments to be given upon such scire facias, shall be entered that the plaintiff have execution by levari facias directed to the proper officer.
10 Del. C. § 8703 — Delaware Code / Title 10 / Chapter 87 / Section 8703
§ Â
        8703. Sheriffâs neglect or refusal to give statement of payments and costs; penalty.
Status: in_force

Whoever, being a sheriff, neglects or refuses, upon payment to such sheriff of an execution and upon request, to subscribe and deliver to the person paying or settling the same, or to each of them if more than one, a bill of particulars, showing distinctly the debt or damages and interest demanded upon such execution, every item of the costs indorsed thereon, and every item of his or her own fees upon the same, and also a receipt, shall be fined $50, and shall also forfeit 3 times the amount of his or her fees, to be recovered by the person paying the same as debts of like amount are recoverable.
10 Del. C. § 3911 — Delaware Code / Title 10 / Chapter 39 / Section 3911
§ Â
        3911. Recognizance of plaintiff upon interpleader.
Status: in_force

If the process issued upon an order under § 3910 of this title to interplead is not served, or personal notice thereof is not given to the third person referred to in such section, the court may, upon giving judgment for the plaintiff, require the plaintiff to enter into a recognizance, and if it deems necessary, with sufficient surety, to interplead with such third person if afterwards, and before the expiration of the time which would be allowed to the plaintiff to prosecute his or her claim against the defendant, such third person should appear in the court and claim the money, or the goods or chattels, or the value thereof.
10 Del. C. § 5704 — Delaware Code / Title 10 / Chapter 57 / Section 5704
§ Â
        5704. Appointment of arbitrators by Court.
Status: in_force

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator’s successor has not been duly appointed, the Court on complaint or on application in an existing case of a party shall appoint 1 or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
10 Del. C. § 3929 — Delaware Code / Title 10 / Chapter 39 / Section 3929
§ Â
        3929. Recouperation of out-of-state judgments related to healthcare services.
Status: in_force

(a) As used in this section, “healthcare services” means as defined in § 1702 of Title 24.

(b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for healthcare services that are lawful in this State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment.

(c) Damages include any of the following:

(1) Just damages created by the action that led to that judgment, including money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorneys’ fees spent in defending the action that resulted in the entry of a judgment in another state.

(2) Costs, expenses, and reasonable attorneys’ fees incurred in bringing an action under this section as may be allowed by the court.

(d) This section shall not apply to a judgment entered in another state that is based upon any of the following:

(1) An action founded in tort, contract, or statute, and for which a similar claim would exist under the laws of this State, brought by the patient’s legal representative or the patient who received the healthcare services upon which the original lawsuit was based for any of the following:

a. Damages suffered by the patient.

b. Damages derived from an individual’s loss of consortium of the patient.

(2) An action founded in contract, and for which a similar claim exists under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgement entered in another state.

(3) An action where no part of the acts that formed the basis for liability occurred in this state.
10 Del. C. § 3926 — Delaware Code / Title 10 / Chapter 39 / Section 3926
§ Â
        3926. Production of records, jurisdiction.
Status: in_force

(a) Prompt production of records. — A health care provider who receives an appropriate authorization duly signed by an existing or former patient, guardian or personal representative, shall produce a true and correct complete copy of the requested medical records, which shall be produced in a reasonably legible fashion within 45 days of receipt of the request. The health care provider’s fee for copying the records shall be reasonable. If prepayment is required by the health care provider, written notice of prepayment shall be provided to the requesting party within 14 days of the receipt of the original request. Upon payment of any prepayment charge, the health care provider shall produce the requested records within the latter of 14 days of receiving payment or 45 days of receipt of the original request.

(b) A health care provider may object in writing to production of the records for good cause. Any objection must state the grounds for failure or refusal to comply with the records request and must be served on the requesting party within 30 days of the date of receipt of the request. Said objection, if found to be for good cause, shall serve to toll the time period allowable for production of records.

(c) Failure or refusal to produce medical records pursuant to this section shall result in a civil penalty not to exceed $25 per day for every business day the records are delinquent in being produced in addition to any other sanctions deemed appropriate by the Court, provided however, that motion to the Court to enforce compliance by court order must be made by the requesting party no later than 60 days from the date of the original request. If the records produced are incomplete, the requesting party shall have a reasonable time following discovery of the missing records in which to file a motion with the Court for enforcement of this section.

(d) If the requesting party is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health care negligence, this statute shall not apply to any request for medical records served on a named defendant(s) in that litigation.

(e) The Superior Court shall have jurisdiction over this section and shall schedule such matters on an expedited basis.
10 Del. C. § 907 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 907
§ Â
        907. Administrative powers and duties of the Court.
Status: in_force

The Court shall hold meetings when and where called by the Chief Judge or, in the Chief Judge’s absence, by the senior Judge on duty, but in no event less often than semiannually. By vote of a majority of its members it shall:

(1) Adopt a seal.

(2) Establish a uniform schedule of deposits, costs, and service fees.

(3) Provide for the safeguarding of the Court’s records.

(4) Require employee bonds as shall seem proper.

(5) Make and publish Court rules governing policies, processes, practices, and procedures, which shall be uniform throughout the State.

(6) Publish annual reports of the Court’s activities, findings, and recommendations.
10 Del. C. § 4934 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4934
§ Â
        4934. Wage claims by minors.
Status: in_force

The parent, guardian, or next friend of any minors, who render such service as is mentioned in § 4931(a) of this title, may proceed under this chapter to secure the debt or claim arising from the service or labor rendered by such minor.
10 Del. C. § 7202 — Delaware Code / Title 10 / Chapter 72 / Section 7202
§ Â
        7202. Definitions.
Status: in_force

As used in this chapter:

(1) “Firearm” means as defined in § 222 of Title 11.

(2) “Law-enforcement officer” means as defined in § 222 of Title 11.

(3) “Non-consensual” means “without consent” as defined under § 761 of Title 11.

(4) “Non-physical contact” means telephone calls, mail, e-mail, fax, texts or other written, verbal, or digital communication.

(5) “Petitioner” means the person named in a petition seeking a sexual violence protective order, or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, and who is not a member of a protected class under § 1041(2)a. or (2)b. of this title.

(6) “Physical injury” means, with respect to an adult petitioner, as defined in § 222 of Title 11. With respect to a minor petitioner, “physical injury” means any impairment of physical condition or pain.

(7) “Projectile weapon” means as defined in § 222 of Title 11.

(8) “Respondent” means the person alleged to have engaged in the conduct giving rise to the petitioner’s desire to seek a sexual violence protective order.

(9) “Sexual conduct” means any of the following:

a. Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing.

b. Any intentional or knowing display of the genitals, anus, or breasts for the purpose of arousal or sexual gratification of the respondent.

c. Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by the respondent or another person.

d. Any forced display of the petitioner’s genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others.

e. Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 12, or of age 16 if the respondent is more than 4 years older than the child, if done for the purpose of sexual gratification or arousal of the respondent or others.

f. Any coerced or forced touching or fondling by a child under the age of 12, or of age 16 if the respondent is more than 4 years older than the child, directly or indirectly, including through the clothing, of the genitals, anus, or breast of the respondent or others.

(10) “Sexual penetration” means any contact, however slight, between the sex organ or anus of 1 person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of 1 person, or of any animal, or object into the sex organ or anus of another person, including cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required for an act of sexual penetration.

(11) “Sexual violence protective order” means an ex parte temporary order or final order granted under this chapter which includes a remedy specified by § 7204 or § 7205 of this title.
10 Del. C. § 9209 — Delaware Code / Title 10 / Chapter 92 / Section 9209
§ Â
        9209. Salaries of the justices of the peace and the Chief Magistrate.
Status: in_force

(a) The Chief Magistrate and the justices of the peace shall receive such compensation from the State as shall be provided by law.

(b) A justice of the peace shall not receive any other fees or emoluments for discharging the duties of the office except as may otherwise be provided by law or by the rules, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice of the peace, or engage in the private practice of law, or hold any state office, or be employed by the State in any other capacity except as otherwise provided by law, by court rules, or by the Judicial Code of Conduct.
10 Del. C. § 1301 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1301
§ Â
        1301. Court of Common Pleas.
Status: in_force

There is a court of record known as “The Court of Common Pleas for the State of Delaware” sometimes referred to in this chapter as “the Court.”
10 Del. C. § 6001 — Delaware Code / Title 10 / Chapter 60 / Section 6001
§ Â
        6001. Short title.
Status: in_force

This chapter may be cited as the “Uniform Public Expression Protection Act.”
10 Del. C. § 7330 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7330
§ Â
        7330. Determination of controversies respecting demands or claims.
Status: in_force

Controversies arising in the course of the execution of the trust, respecting any disputed demands or claims, may be referred, compromised, or settled, as may be deemed expedient.
10 Del. C. § 6701 — Delaware Code / Title 10 / Chapter 67 / Section 6701
§ Â
        6701. Procedure.
Status: in_force

(a) The legal title to lands or to any tenements whereon entry can be made may be tried in a civil action, based upon a cause of action in ejectment. The action shall be begun by filing in the office of the prothonotary of the county in which the lands or tenements lie a complaint setting forth the cause or causes of action of the plaintiff, a sufficient description of the lands and tenements claimed and such other facts as may be pertinent. If the premises for which the action is brought are actually occupied by any person such actual occupant shall be named defendant in the action, and all other persons claiming title or interest to or in the same may be joined as defendants. If the premises are not occupied the action shall be brought against some person exercising acts of ownership on the premises claimed or claiming title thereto or some interest therein at the commencement of the action. Upon the filing of such complaint a summons shall issue to the defendants named in the complaint and the same shall be served by the sheriff, together with a copy of the complaint, upon the defendant or defendants in the usual manner. The summons shall require the defendant therein to appear in the cause and to file an answer within 20 days after the service of the summons and complaint. The sheriff shall make return of his or her service as soon as the same can be done, irrespective of any term or terms of court.

(b) The answer or answers of the defendant or defendants shall set forth all of the defenses in law or fact and any defenses in law may be heard by the court at such time or in such manner as may be appropriate.
10 Del. C. § 1049B — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049B
§ Â
        1049B. Judicial enforcement of order.
Status: in_force

(a) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in the Court. The Court shall enforce the terms of the order, including terms that provide relief that the Court would lack power to provide but for this section. The Court shall enforce the order whether the order was obtained by independent action or in another proceeding if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the Court shall follow the procedures of this State for the enforcement of protection orders.

(b) The Court may not enforce a foreign protection order issued by the tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.

(c) The Court shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.

(d) A foreign protection order is valid if it:

(1) Identifies the protected individual and the respondent;

(2) Is currently in effect;

(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and

(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order, or in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.

(e) A foreign protection order valid on its face is prima facie evidence of its validity.

(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.

(g) The Court may enforce provisions of a mutual foreign protection order which favor a respondent only if:

(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and

(2) The tribunal of the issuing state made specific findings in favor of the respondent.
10 Del. C. § 2304 — Delaware Code / Title 10 / Chapter 23 / Section 2304
§ Â
        2304. Judgment indices.
Status: in_force

(a) The prothonotary shall keep to every docket of the prothonotary’s office in which judgments are entered or signed, except the appearance docket, 2 indices of such judgments, the one of the plaintiffs’ names in alphabetical order of the surnames, in connection with the names of their defendants, and the other of the defendants’ names in like alphabetical order, in connection with the names of their plaintiffs. The prothonotary shall index every judgment the same day it is entered or signed, except judgments entered in the appearance docket, which shall be transferred to the continuance docket and indexed within 2 weeks from such entry.

(b) A testatum fieri facias, and judgments of any court, state or federal, or of a justice of the peace entered in the prothonotary’s office to bind lands, shall be indexed as judgments. Also, when a case is continued, after verdict for the plaintiff without judgment, it shall be indexed as if judgment was given. Judgments of the Supreme Court, entered in the court below, shall be indexed as required by this section.
10 Del. C. § 5062A — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5062A
§ Â
        5062A. Loss mitigation affidavit required.
Status: repealed

(a) In connection with any mortgage foreclosure action brought under § 5061 of this title with respect to an owner-occupied 1- to 4-family primary residential property, unless the mortgage is held by the seller of the subject property who does not hold more than 5 such mortgages, the defendant must have an opportunity to apply for relief under a federal loss mitigation program for which the defendant may be eligible including, but not limited to, the Home Affordable Modification Program, the Second Lien Modification Program, the Home Affordable Unemployment Program, and the Home Affordable Foreclosure Alternatives Program, together with any proprietary loss mitigation programs offered by the plaintiff for which defendant may be eligible. A plaintiff in a mortgage foreclosure action may establish that it provided a defendant with the opportunity to apply for relief contemplated by this paragraph if, for example, the plaintiff provides the defendant with a list of the applicable loss mitigation programs in which the plaintiff participates and instructions for how to initiate an application for each such program, which list and instructions may be included in the notice of intent to foreclose required by § 5062B of this title.

(b) No judgment may be entered in any mortgage foreclosure action brought under § 5061 of this title with respect to an owner-occupied 1- to 4-family primary residential property, and no owner-occupied 1- to 4-family primary residential property that is the subject of a judgment of foreclosure that has not gone to sheriff’s sale as of January 19, 2012, may be sold at sheriff’s sale, unless the plaintiff has filed a fully executed affidavit asserting:

(1) That the defendant has been provided with the opportunity to apply for relief under any loss mitigation program for which the defendant may be eligible, as described in subsection (a) of this section, and

(2) That the loan secured by the mortgage for which plaintiff seeks foreclosure is:

a. Not subject to a loss mitigation program; or

b. Is ineligible for any applicable loss mitigation program due to the defendant’s failure to apply, or failure to provide required information, or failure to complete the requirements of the program; or

c. Is determined by the plaintiff to be otherwise ineligible for any applicable loss mitigation program.

(c) If an affidavit required by subsection (b) of this section is false with respect to the accuracy of any statement required by paragraphs (b)(1) and (b)(2) of this section, the foreclosure action shall be dismissed by the court without prejudice and a complaint may be refiled by the plaintiff, but no fees or other costs shall be charged to the defendant in connection with the dismissed action.

(d) This section applies to the following mortgage foreclosure actions:

(1) Actions filed on or after January 19, 2012.

(2) Actions pending in the Superior Court on January 19, 2012, which have not gone to judgment or sale.

(e) [Repealed.]
10 Del. C. § 7809 — Delaware Code / Title 10 / Chapter 78 / Section 7809
§ Â
        7809. 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. § 4787 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4787
§ Â
        4787. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Enforcement of Foreign Judgments Act.”
10 Del. C. § 4704 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4704
§ Â
        4704. Ascertaining amount of judgment; time of entry.
Status: in_force

A judgment given, amount to be ascertained by the prothonotary or other person, shall bind from the time of its entry, if the amount is ascertained and entered upon the docket before the first day of the term next after that in which the judgment is given; but otherwise only from the time of entering upon the docket the ascertained amount.
10 Del. C. § 3923 — Delaware Code / Title 10 / Chapter 39 / Section 3923
§ Â
        3923. Prosecution and defense of actions by persons of the age of 18 years or older.
Status: in_force

(a) Any person of the age of 18 years or older who is not otherwise incompetent may bring, file, prosecute, defend, litigate, settle, dismiss or otherwise compromise any action in law or in equity in any court without the interference or appointment of a guardian, guardian ad litem, next friend or other legal representative.

(b) Any person of the age of 18 years or older who is not otherwise incompetent may be appointed by any court as guardian ad litem, next friend or other legal representative of a person who has not reached the age of 18 years.
10 Del. C. § 5202 — Delaware Code / Title 10 / Chapter 52 / Section 5202
§ Â
        5202. Scope.
Status: in_force

(a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. The provisions of this chapter are applicable to such foreign-money claims notwithstanding any contrary provisions of law.

(b) This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this State applies to other issues in the action or distribution proceeding.
10 Del. C. § 3111 — Delaware Code / Title 10 / Chapter 31 / Section 3111
§ Â
        3111. Actions against corporations; service of process.
Status: in_force

(a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation. When a cause of action arises in this State against any corporation incorporated outside of this State, and there is no president or head officer of such corporation or any officer, director or manager thereof resident in this State, nor any certified agent thereof, for the service of process, resident in this State, process against such corporation may be served upon any agent of such corporation then being in the State. If such corporation appears, the action shall proceed as in other cases, and if it fails to appear, the plaintiff shall have judgment by default, service of the process being first proved. In an action upon the note of a bank, payable at one of its branches, service of process upon the president or cashier of that branch shall be sufficient. Copies of any rules of court, notice, proceeding, or order, may be served in the same way as original process or upon the attorney of record.

(b) In any action against a corporation whose officers reside out of the State, process may be served by publishing the substance thereof in a newspaper of this State, and of the state where the head officer resides, 20 days before the return thereof, and such service shall be sufficient.

(c) In respect to such corporation, 10 days notice of any motion, rule, order, or other matter or proceeding is sufficient. Such notice may be served personally on the president, any director or manager, or on the attorney of the corporation, or by copy of the rule or other matter sent by mail to the president or head officer at his or her usual place of abode, or by publishing the same in a newspaper near thereto.

(d) Service upon corporations may also be made as provided by § 321 of Title 8.
10 Del. C. § 3708 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3708
§ Â
        3708. Public officerâs action.
Status: in_force

An action brought by or in the name of any public officer shall not abate by the officer’s death, resignation, removal from office, or the expiration of the officer’s term, but may be prosecuted by the officer’s successor, if there be a successor who might have originally commenced and prosecuted the like action.
10 Del. C. § 4756 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4756
§ Â
        4756. Real estate sold on execution; return of officer; duty of prothonotary.
Status: in_force

The sheriff or other officer having sold real estate by virtue of execution process, in such officer’s return to such process, shall show expressly to what lien or liens the money arising from the sale thereof has been applied and how much has been applied to each lien. If for any cause the sheriff or other officer shall not be able to make a proper return by the return day fixed, the Court shall, upon application made by the officer, give further time for making such return, and when the return has been made, the prothonotary shall cause satisfaction to be entered upon the record of such judgment or judgments as have been paid by such proceeds of sale, and where the sum applicable to any lien is not sufficient to pay the same, in that case to note as a credit, on the record thereof, the amount applied thereto by such return.
10 Del. C. § 7001 — Delaware Code / Title 10 / Chapter 70 / Section 7001
§ Â
        7001. Short title.
Status: in_force

This chapter is to be known and may be cited as the “Delaware Wrongful Conviction Compensation and Services Act.”
10 Del. C. § 342 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 342
§ Â
        342. Adequate remedy in other courts.
Status: in_force

The Court of Chancery shall not have jurisdiction to determine any matter wherein sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State.
10 Del. C. § 2508 — Delaware Code / Title 10 / Chapter 25 / Section 2508
§ Â
        2508. Penalties for failure to collect and pay over fees.
Status: in_force

If any employee of the Register of Chancery Office neglects or refuses to pay over all fees, costs, allowances and perquisites that employee receives and collects for use of the State, or fails to collect the fees required to be paid by law, or demands or receives from any person any fee or allowance greater than is provided by law, he or she may be prosecuted under any applicable provision of this Code. Such employee shall also be liable in a civil action for the amount of such fees, costs, allowances and perquisites as he or she may have thus illegally withheld, failed to collect or improperly received.
10 Del. C. § 6509 — Delaware Code / Title 10 / Chapter 65 / Section 6509
§ Â
        6509. Determination of issues of fact.
Status: in_force

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
10 Del. C. § 8902 — Delaware Code / Title 10 / Chapter 89 / Section 8902
§ Â
        8902. Jurors of inquest.
Status: in_force

The fees of jurors on an inquest, for the services specified, shall be as listed below:
10 Del. C. § 9702 — Delaware Code / Title 10 / Chapter 97 / Section 9702
§ Â
        9702. Kent County constables.
Status: in_force

The fees of Kent County constables, for the services specified, in cases before a Justice of the Peace shall be as follows:

ON EXECUTIONS

IN WRITS OF REPLEVIN
10 Del. C. § 365 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 365
§ Â
        365. Compelling appearance of defendant in absence of personal service.
Status: in_force

If, after summons or other process issued out of the Court of Chancery, any defendant therein named does not appear in obedience to the process and according to the rules of such Court, the Court may, on affidavit that such defendant is out of the State, or cannot be found to be served with process and that there is just ground to believe that the defendant intentionally avoids such service, make an order for his or her appearance on a certain day and publish such order as the Court directs not less than once a week for 3 consecutive weeks. If the defendant does not appear, after such publication, according to the order, the Court may enter judgment by default against the nonappearing defendant, and may thereupon issue process to compel the performance either by seizure of the real and personal property of such defendant or part thereof, sufficient to satisfy the plaintiff’s demand, or by causing possession of the estate, or effects, demanded by the complaint, to be delivered to the plaintiff, or otherwise, as the case requires. The Court may also order the plaintiff to be paid the demand out of any property so seized, upon plaintiff’s giving approved security, in a sufficient sum, to abide any order of the Court for the restitution thereof upon the defendant’s appearing to defend the action, and paying such costs as the Court shall order. If such security is not given, the property seized, or whereof possession is ordered to be delivered, shall remain under the direction of the Court in the hands of a receiver or otherwise, until the defendant’s appearance, or until such order is made therein as the Court deems is just.
10 Del. C. § 5003 — Delaware Code / Title 10 / Chapter 49 / Subchapter VI / Section 5003
§ Â
        5003. Title under execution and return of writ.
Status: in_force

The execution and return of a writ of liberari facias shall, without deed, or other act, pass to the party to whom the lands are delivered, the same title and estate therein which is taken by a purchaser of lands sold under execution process, and conveyed by deed from the sheriff, or officer selling the same.
10 Del. C. § 2007 — Delaware Code / Title 10 / Chapter 20 / Section 2007
§ Â
        2007. Extension of deadlines.
Status: in_force

(a) The Chief Justice, in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing requirements otherwise imposed by applicable statutes, rules, regulations, or court orders for the duration of the emergency order, including, but not limited, to such deadlines as civil and criminal statutes of limitations, deadlines for appeals, and the expiration of temporary restraining orders or no contact orders that would otherwise expire.

(b) Except as specified in subsection (c) of this section, deadlines may be extended up to the duration of the emergency order but shall be for the shortest period of time necessary under the circumstances of the emergency.

(c) The time periods for bringing an arrested person before a magistrate pursuant to § 1909 of Title 11 and for bringing a prisoner before a judge pursuant to § 6907 of this title shall not be extended to more than 7 days. The time for taking a juvenile charged with a delinquent act before a court shall not be extended to more than 2 days.
10 Del. C. § 8801 — Delaware Code / Title 10 / Chapter 88 / Section 8801
§ Â
        8801. Definitions.
Status: in_force

When used in this chapter:

(1) “Complaint” shall mean any civil action or miscellaneous action or any application for an extraordinary writ.

(2) “Conditions of confinement” shall mean any aspect of a prisoner’s complaint that does not address the fact or duration of a prisoner’s confinement.

(3) “Court” or “courts” shall mean all constitutional or statutory courts of this State.

(4) “Factually frivolous” shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial.

(5) “Federal court” shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section.

(6) “Inmate account” shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State.

(7) “Legally frivolous” shall mean a claim based on an indisputably meritless legal theory.

(8) “Malicious” shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims.

(9) “Prisoner” shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State.
10 Del. C. § 5352 — Delaware Code / Title 10 / Chapter 53A / Section 5352
§ Â
        5352. Definitions.
Status: in_force

In this chapter:

(1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

(2) “Law” includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.

(3) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(4) “Sign” means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or process.

(5) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(6) “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.

(7) “Unsworn declaration” means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
10 Del. C. § 6306 — Delaware Code / Title 10 / Chapter 63 / Section 6306
§ Â
        6306. Third-party practice.
Status: in_force

(a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section.

(b) A pleader may either:

(1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or

(2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors 1 of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof.

If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution.

(c) The court may render such judgments, 1 or more in number, as may be suitable under the provisions of this chapter.

(d) As among joint tortfeasors against whom a judgment has been entered in a single action, § 6302(d) of this title applies only if the issue of proportionate fault is litigated between them by cross-complaint in that action.
10 Del. C. § 9801 — Delaware Code / Title 10 / Chapter 98 / Section 9801
§ Â
        9801. Justice of the Peace Court costs.
Status: in_force

All costs in the Justice of the Peace Court shall be established by court rule, subject to approval by the Chief Justice and the Delaware Supreme Court.
10 Del. C. § 922A — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 922A
§ Â
        922A. Truancy jurisdiction.
Status: in_force

The Court shall have jurisdiction over truancy matters as set forth in Chapter 27, subchapter II of Title 14.
10 Del. C. § 6510 — Delaware Code / Title 10 / Chapter 65 / Section 6510
§ Â
        6510. Costs.
Status: in_force

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.
10 Del. C. § 7322 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7322
§ Â
        7322. Vesting of title under assignment.
Status: in_force

The assignment shall vest in the trustee or trustees therein named, all the property and estate of the petitioner at the time of executing the same, real and personal, legal and equitable, and of every nature and description, as well as rights, whether real or personal, credits and things in action, as property in possession.
10 Del. C. § 928 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 928
§ Â
        928. Extended jurisdiction â Juvenile delinquency.
Status: in_force

(a) Prior to trial upon petition of the Attorney General, the State may seek extended jurisdiction of the Family Court over a juvenile up to age 21.

(b) Extended jurisdiction shall mean that a juvenile subject to the jurisdiction of the Family Court, if found delinquent of the offense(s) giving rise to the petition, shall be subject to the jurisdiction of the Family Court until said juvenile reaches age 21 or is discharged from jurisdiction by the Court.

(c) The determination whether extended jurisdiction is appropriate shall be made by the Family Court based upon the juvenile’s need for rehabilitation and the public’s right to safety and shall take into consideration the following:

(1) The seriousness of the underlying offense(s), with extended jurisdiction presumed to be appropriate where a juvenile has committed a class A or B felony or a felony sexual offense, excluding those crimes set forth in § 1010(a)(1) of this title;

(2) The age of the juvenile at the time of trial or disposition, with consideration being primarily based upon the time needed to effectively rehabilitate the juvenile or to protect the public and whether either or both objectives may be met by the juvenile’s eighteenth birthday.

(d) A determination by the Family Court that extended jurisdiction is appropriate shall only be subject to review on an abuse of discretion standard.

(e) In any case where extended jurisdiction is determined to be appropriate, the juvenile is found delinquent of the crime(s) giving rise to extended jurisdiction and, further rehabilitation of the juvenile is ordered at a Level IV or V facility, review of the appropriateness of continued placement at Level IV or V shall be conducted by the Court at 6-month intervals after the juvenile’s eighteenth birthday. A failure to conduct a review within 30 days of a 6-month interval shall result in the Department of Correction assuming jurisdiction for purpose of placement, with a presumption that a placement at less than Level IV or V facility will be imposed. The review period herein set forth may be extended for a period of 60 days upon good cause shown by the State in a petition filed by the State prior to the expiration of the 6-month plus 30-day period.

(f) Juveniles placed in the extended jurisdiction program shall be considered subject to the processes of the Family Court until the termination of the Court’s order. In the event that a person who has reached one’s eighteenth birthday commits any crimes while subject to extended jurisdiction, the commission of said crime(s) shall be considered a violation of the extended jurisdiction program, subjecting said violator to any sanction the Family Court could have originally imposed upon the offense(s) giving rise to extended jurisdiction, including placement at a Level IV or V facility housing adult offenders. Trial of any person who has turned age 18 for an offense(s) committed while subject to extended jurisdiction shall be in the appropriate court as required by Delaware law. Any sentence of incarceration imposed by an adult court shall take precedent to and be in lieu of any sentence of incarceration imposed by the Family Court pursuant to extended jurisdiction for the original offense or a violation of the extended jurisdiction program.

(g) Nothing contained herein shall affect the provisions of § 1010 of this title concerning amenability or § 1447(d) of Title 11, except that upon agreement of the State and the juvenile, a juvenile may agree to be subjected to extended jurisdiction in lieu of being proceeded against pursuant to the provisions of § 1010 of this title or § 1447(d) of Title 11.

(h) For purposes of this section, Level IV and Level V facilities are defined as follows:

(1) A facility includes any treatment center, institution or any other place designated for confinement;

(2) A Level IV facility is a place of partial confinement such as a half-way house, residential treatment facility, or restitution facility. It may include house arrest at the juvenile’s home, or at a shelter, group home, foster home or other facility. For juveniles who have reached their 18th birthday, a Level IV facility shall include any similar house or facility of the Department of Correction;

(3) A Level V facility is a place of confinement in a secured facility. For juveniles who have reached their eighteenth birthday, a Level V facility shall include any secured facility of confinement of the Department of Correction.
10 Del. C. § 5214 — Delaware Code / Title 10 / Chapter 52 / Section 5214
§ Â
        5214. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
10 Del. C. § 1048 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1048
§ Â
        1048. Jurisdiction.
Status: in_force

The Family Court shall have jurisdiction of proceedings under this part.
10 Del. C. § 8906 — Delaware Code / Title 10 / Chapter 89 / Section 8906
§ Â
        8906. Expert witnesses.
Status: in_force

The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within this State, shall be fixed by the Court in its discretion, and such fees so fixed shall be taxed as part of the costs in each case and shall be collected and paid as other witness fees are now collected and paid.
10 Del. C. § 1318-1320 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1318-1320
§ ÂÂ
        1318-1320.  Judgments and executions; appeal in civil actions; civil trial without jury or referees; civil actions; demand for jury trials; waivers; removal to Superior Court [Transferred].
Status: in_force

Transferred to §§ 1325 to 1328 of this title.
10 Del. C. § 149 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 149
§ Â
        149. Time for cross-appeal in civil actions.
Status: in_force

In any civil action where a timely notice of appeal to the Supreme Court is filed by a party, any other party may file a notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the time otherwise prescribed by this title, whichever expires last.
10 Del. C. § 351 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 351
§ Â
        351. Voluntary waiver of appeal by parties.
Status: in_force

The parties in any matter may stipulate that the decision of the Court of Chancery, or a Magistrate of the Court of Chancery if they so choose, shall be final and binding and not subject to appeal.
10 Del. C. § 9588 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9588
§ Â
        9588. Garnishment proceedings.
Status: in_force

(a) The plaintiff, in his or her election, may require a garnishee to answer on oath, or affirmation, or to plead. The plaintiff shall make the election at or before the appearance, or the answer is taken, and the justice may compel the answer, or plea, by attachment of contempt.

(b) If the garnishee admits in his or her answer, or plea, that at the service of the attachment, or at any time since, there was in his or her hands, or possession, any attachable goods, or chattels, rights, credits, money, or effects of the defendant, judgment shall be given against the garnishee accordingly. The garnishee may, at the time the attachment is served, or returned, or on such other day as is fixed by the justice, deliver specific goods, so in his or her hands, to the constable, who shall make an inventory, and cause them to be appraised by 2 judicious persons under oath, or affirmation, and shall annex such inventory, to the attachment.

(c) A garnishee swearing, or affirming, falsely, is guilty of perjury and may be punished accordingly.

(d) If a garnishee pleads, he or she may deny that there is anything of the defendant’s in his or her hands, or possession, or he or she may admit any thing or sum, and deny any thing more. The plea shall be entered and the trial shall proceed to judgment, execution, new trial, or appeal, in all respects as an original action commenced by summons. In order to determine the plaintiff’s right to appeal, he or she may have entered on the record the amount of his or her demand against the garnishee. But if, on trial, there is not found against the garnishee more than is admitted by the garnishee’s plea, the garnishee shall recover his or her costs against the plaintiff.

(e) There shall be a stay of execution on judgments against garnishees, as in other cases. If by the answer, plea, or trial, it appears that the garnishee owes a sum payable at a future day, there shall be a stay of execution until that time without security.

(f) In no case shall judgment be rendered against a garnishee, until judgment is given against the original debtor, nor for a greater sum; and a garnishee shall, upon request, be admitted to defend the suit against such debtor.

(g) If more is due from a garnishee than is embraced in the judgment against him or her, the garnishee may be required to answer in other cases. If there are several garnishees, the plaintiff may elect against which he or she will take judgment, and the others shall be discharged, but may be required to answer in other cases.
10 Del. C. § 343 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 343
§ Â
        343. Injunctions staying actions at law, or to prevent waste.
Status: in_force

The Court of Chancery may grant injunctions for staying actions at law, and to prevent waste, as there may be occasion.
10 Del. C. § 1049P — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049P
§ Â
        1049P. Transition.
Status: in_force

This part applies to a Canadian domestic-violence protection order issued before, on, or after January 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on, or after January 1, 2017. A request for enforcement of a Canadian domestic- violence protection order made on or after January 1, 2017, for a violation of the order occurring before, on, or after January 1, 2017, is governed by this part.
10 Del. C. § 6208 — Delaware Code / Title 10 / Chapter 62 / Section 6208
§ Â
        6208. Property equivalence.
Status: in_force

(a) Any other provision of this chapter notwithstanding, the Chancery Court shall not order that a dedication be vacated unless the legal title holder to the dedicated property, or some other party to the proceeding provides by restrictive covenant, that an amount of open space, at least equivalent in size and comparable or superior to the parcel to be vacated in its utility for recreational purposes, shall be provided for the benefit of the public. For land to be considered “comparable in its utility for recreational purposes” the Court need not determine that the land is suitable for specific identical recreational activities as provided on the parcel to be vacated, but the Court must find that the land to be provided is of the same general character and quality as the land to be vacated.

(b) The provisions of subsection (a) of this section may be satisfied with respect to the vacation of any land not located within the boundaries of an incorporated municipality of this State, by:

(1) Dedicating as public open space, a parcel of land meeting the criteria set forth above, within or immediately adjacent to the subdivision in which the dedicated land was vacated;

(2) Restricting the same parcel or a parcel of land meeting the criteria set forth above, within or immediately adjacent to the subdivision in which the dedicated land was vacated; or

(3) Dedicating as public open space, a parcel of land meeting the criteria set forth above, in any area approved by the county government and by the owners of 3/4 of the lots or parcels within the subdivision in which the dedicated land was vacated.

(c) The provisions of subsection (a) of this section may be satisfied with respect to the vacation of any land which is located within the boundaries of an incorporated municipality of this State, by:

(1) Dedicating as public open space, a parcel of land meeting the criteria set forth above, within a radius of one-quarter mile from any point on the lot or parcel boundary line of the land which is to be vacated;

(2) Restricting the same parcel or a parcel of land meeting the criteria set forth above, within a radius of one-quarter mile from any point on the lot or parcel boundary line of the land which is to be vacated; or

(3) Dedicating as public open space, a parcel of land meeting the criteria set forth above, in any area approved by the municipal government and by the owners of 2/3 of the lots or parcels within a radius of one-quarter mile from any point on the lot or parcel boundary line of the land which is to be vacated.

(d) The dedication or restrictions required by this section may be provided by submission of a plot plan approved by the county or municipal planning department or equivalent agency, or by submission of restrictive covenants.

(e) Any restrictive covenant supplied in accordance with this section must:

(1) Restrict the use of the open space to active or passive recreational purposes;

(2) Provide that the said covenants shall be covenants running with the land, binding upon the declarant, the declarant’s heirs, administrators, successors and assigns;

(3) Provide, in the case of private open space, that the said covenants are imposed for the benefit of the owners of lots within the subdivision in which, or adjacent to which, the open space is located; and

(4) Provide, in the case of public open space, that the said covenants are imposed for the benefit of the county or municipality in which the open space is located.
10 Del. C. § 9529 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9529
§ Â
        9529. Discharge of special bail.
Status: in_force

Special bail shall be discharged if the defendant appears, or is surrendered before the justice, on the day to which the cause is adjourned, and pays and satisfies any judgment rendered against him or her in such proceedings.
10 Del. C. § 529 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 529
§ Â
        529. Certification of appointments.
Status: in_force

The Superior Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by §§ 525, 526 and 527 of this title, the several dates of their appointments, and the monthly compensation to be paid to them.
10 Del. C. § 1051 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1051
§ Â
        1051. Appeals generally.
Status: in_force

(a) From any order, ruling, decision or judgment of the Court in any civil proceeding, including any delinquency proceeding, there shall be the right of appeal as provided by law to the Supreme Court.

(b) From any order, ruling, decision or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as provided by law to the Superior Court in the same county in which the case was adjudicated by the Court, with the further right of appeal as provided by law to the Supreme Court from an affirmance by the Superior Court of the order of the Court which was appealed, or from the entry of a judgment of conviction by the Superior Court upon a trial de novo on appeal to that Court.

(c) An appeal shall be taken within 30 days from the date of the disposition, or within such time as provided by law.

(d) No appeal shall stay the execution of any order of the Court unless such stay shall be specifically ordered by this Court in the first instance or by the appellate court.
10 Del. C. § 5115 — Delaware Code / Title 10 / Chapter 51 / Section 5115
§ Â
        5115. Judicial revision.
Status: in_force

Each court shall, upon application of a party interested, and reasonable notice to the adverse party, revise any bill of costs entered upon the docket of such court; and also any return or endorsement of fees upon any order or process of the court; and also any bills of fees demanded for services in such court, or for the execution of the order or process thereof; and shall correct any errors appearing upon such revision.
10 Del. C. § 346 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 346
§ Â
        346. Technology disputes.
Status: in_force

(a) Notwithstanding any other provision in this Code, and without limiting the jurisdiction vested in any court in this State, the Court of Chancery shall have power to mediate and jurisdiction to hear and determine technology disputes as defined herein when:

(1) The parties have consented to the jurisdiction of or mediation by the Court of Chancery by agreement or by stipulation;

(2) At least 1 party is a “business entity” as defined herein;

(3) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State;

(4) No party is a “consumer”, as that term is defined in § 2731 of Title 6, with respect to the technology dispute; and

(5) In the case of technology disputes involving solely a claim for monetary damages, the amount in controversy is no less than $1,000,000 or such greater amount as the Court of Chancery determines by rule.

Neither punitive damages nor a jury trial shall be available for a technology dispute heard and determined by the Court of Chancery pursuant to this section. Mediation proceedings shall be considered confidential and not of public record.

(b) A “business entity” means a corporation, statutory trust, business trust or association, a real estate investment trust, a common-law trust, or any other unincorporated business, including a partnership (whether general (including a limited liability partnership) or limited (including a limited liability limited partnership)) or a limited liability company.

(c) (1) A “technology dispute” means a dispute arising out of an agreement and relating primarily to: the purchase or lease of computer hardware; the development, use, licensing or transfer of computer software; information, biological, pharmaceutical, agricultural or other technology of a complex or scientific nature that has commercial value, or the intellectual property rights pertaining thereto; the creation or operation of Internet web sites; rights or electronic access to electronic, digital or similar information; or support or maintenance of the above.

(2) The term “technology dispute” does not include a dispute arising out of an agreement:

a. That is primarily a financing transaction; or

b. Merely because the parties’ agreement is formed by, or contemplates that communications about the transaction will be by, the transmission of electronic, digital or similar information.

(3) The Court shall interpret the term “technology dispute” liberally so as to effectuate the intent of this section to provide an expeditious and expert forum for the handling of technology disputes involving parties who have agreed to resolve their disputes in the Court of Chancery, whether the parties are seeking to have the Court of Chancery:

a. Mediate the dispute only;

b. Mediate the dispute initially, and if that fails, adjudicate the dispute; or

c. Adjudicate the dispute.

The Court shall adopt rules to facilitate the efficient processing of technology disputes, including rules to govern the filing of mediation only technology disputes, and to set filing fees and other cost schedules for the processing of technology disputes.
10 Del. C. § 7327 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7327
§ Â
        7327. Release after assignment.
Status: in_force

No release, acquittance, or receipt, made by the petitioner after executing the deed of assignment, of any debt, demand, right, action, or cause of action, existing at or before the time of executing the deed, shall be of any force or effect.
10 Del. C. § 4701 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4701
§ Â
        4701. Definitions.
Status: in_force

As used in this subchapter:

“Terre tenant” means the grantee of real estate to whom the same has been conveyed, as appears by the last conveyance of the same of record.
10 Del. C. § 361 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 361
§ Â
        361. Rules of Court.
Status: in_force

(a) The Chancellor may, from time to time, adopt and promulgate general rules for the Court of Chancery which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing, and determination of causes and proceedings in such Court.

(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such proceeding. The rules shall not abridge, enlarge or modify any substantive right of any party.

(c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.

(d) Any inconsistency or conflict between any rule of court promulgated under the authority of this section or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in the Court of Chancery, shall be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in the Court of Chancery.
10 Del. C. § 5067 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5067
§ Â
        5067. Disposition of surplus from sale proceeds.
Status: in_force

Any surplus of the proceeds of sale of mortgaged premises, after satisfying the principal debt in the mortgage, with interest and costs, shall be rendered to the owner of the premises at the time of sale. Until the surplus is so rendered, the officer making the sale shall not be discharged upon the record of the court to which the sale is returnable.
10 Del. C. § 9538 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9538
§ Â
        9538. Application to vacate default judgment.
Status: in_force

(a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply to have the judgment vacated, if service was made by certified mail, return receipt requested, and the certified mail was returned unclaimed.

(b) The plaintiff, or the plaintiff’s agent, if in the county, shall have notice of the defendant’s application, and of the time set for hearing it.

(c) If, upon the hearing, the justice is satisfied that there ought to be a trial, and that the defendant was not guilty of wilful negligence in letting judgment go against the defendant by default, the application shall be granted, and a day appointed for the trial, whereof the plaintiff, or the plaintiff’s agent, shall have notice.

(d) The notice may in either case, be given and proved by the constable.
10 Del. C. § 8715 — Delaware Code / Title 10 / Chapter 87 / Section 8715
§ Â
        8715. Distress proceedings.
Status: in_force

The fees in distress proceedings, for the services specified, shall be as listed below:
10 Del. C. § 3901 — Delaware Code / Title 10 / Chapter 39 / Section 3901
§ Â
        3901. Affidavits of defense; judgments by default on written instruments; opening judgments.
Status: in_force

(a) In all actions upon bills, notes, bonds or other instruments of writing for the payment of money or for the recovery of book accounts, on foreign judgments, and in all actions of scire facias on recognizances, judgments or mortgages, the plaintiff may specifically require the defendant or defendants to answer any or all allegations of the complaint by an affidavit setting forth the specific nature and character of any defense and the factual basis therefor, by the specific notation upon the face of the complaint that those allegations must be answered by affidavits.

(b) If defense is to a part only of the cause of action, the defendant, or if there be more than 1, any 1 or more of them shall, in such affidavit, specify the sum which the defendant or they admits or admit to be due, and judgment shall be entered for the plaintiff at the plaintiff’s election for the sum acknowledged to be due.

(c) A defendant need not file an affidavit to answer any allegation, whether or not designated pursuant to this section, unless the plaintiff or plaintiffs files with the complaint a copy of the instrument of writing, book entries or claims, or, in case of a scire facias, a certified abstract or transcript of the judgment, mortgage or recognizance, and in case of a suit on a foreign judgment a copy of the judgment, certified to under 28 U.S.C. § 1738.

(d) If the plaintiff or plaintiffs complies with this section, and the defendant or defendants fails to respond to the designated allegations by affidavit filed with the answer or answers, the designated allegations will be deemed admitted, and default judgment may be entered thereon, in the discretion of the court and upon motion by the plaintiff.

(e) Upon any judgment under this section a stay of execution for 6 months shall be granted on security being given by the defendant for the payment of such judgment, with interest and costs, in such form as by the rules of the court are prescribed. In case of a suit by or against a corporation, the affidavit by the cashier or treasurer shall be sufficient in this section. In case of security being given as aforesaid by the defendant, the entry of such security shall have all the force and effect of a judgment, and at the expiration of the stay given, the judgment, with costs, may be collected by execution process sued out jointly or severally against the principal and surety. Any affidavit authorized under this chapter may be taken out of this State before any judge of any court of record, the mayor or chief magistrate of any city or borough, a Commissioner of Deeds for this State, or any consul or vice-consul of the United States, or before any notary public of any state or territory within the United States or of the District of Columbia. The affidavit shall be certified under the hand and official stamp or seal, or seal of the court, city or borough, as the case may be, of the person taking the same.

(f) Upon sufficient cause shown, the court may open such judgment and let the defendant into a trial, security being first given, in manner and form as provided in subsection (e) of this section, for the payment of such judgment, with interest and costs, as the plaintiff may recover in such action.

(g) In actions commenced by a capias ad respondendum, if special bail is not given at the term to which the process is returnable, the plaintiff may, at the plaintiff’s election, on the last day of the term, cause a common appearance to be entered for the defendant, and move for judgment, under this section, in like manner as if special bail had been given.

(h) The amount of a judgment by virtue of this section shall be ascertained under the order of the court, and shall not exceed the sum demanded in the complaint filed by the plaintiff.

(i) The court, in its discretion, may extend the time in which the defendant or defendants has to answer or otherwise do anything authorized by its Rules of Civil Procedure.
10 Del. C. § 6106 — Delaware Code / Title 10 / Chapter 61 / Section 6106
§ Â
        6106. Process; notice of publication.
Status: in_force

(a) Upon the filing of a complaint under this chapter, the prothonotary shall issue summons, in appropriate form, directed to all of the defendants designated or named in the complaint, which summons shall be personally served in like manner as other writs of summons in the Court in accordance with Rule 4(d) and (f)(1)(I), (III), (IV) of the Rules of the Superior Court.

(b) If it appears by affidavit of the plaintiff or the plaintiff’s attorney that any defendant cannot be personally served with summons, because he or she is outside of this State, or because after diligent inquiry his or her place of residence cannot be ascertained by the plaintiff, or if any defendant is an infant or incompetent person or under some other legal disability, the Court may make an order directing that service shall be made upon any such defendant by publishing a notice, substantially in the form prescribed in subsection (c) of this section, in a newspaper of general circulation in the county in which the proceeding is pending, at least once a week for 2 successive weeks. Such service by publication shall be supplemented by service by registered mail, where practicable, as the Court in its order may direct. Notice to unknown owners shall be given by publication in like manner by notice addressed to “unknown owners,” coupled, if practicable, with an appropriate identification of the alleged source of their interest in the property, as the Court may direct. Proof of publication and of mailing, if required, shall be made by affidavit of the plaintiff or the plaintiff’s attorney on or before such time as the Court may fix.

(c) The notice referred to in subsection (b) of this section shall set forth the name of the Court, the title of the action, the name or names of the defendant or defendants to whom it is directed, a statement that the action is one for the condemnation of property, a brief description of such property reasonably sufficient for its identification, the extent of the interest to be taken, the authority for the taking, and the use or uses for which the property is to be taken. The notice shall also state that any defendant shall serve and file, in accordance with the rules of court, an answer within 20 days after the date of the first publication of the notice, in default of which no objection or defense to the taking of the property will be heard. The notice shall also specify the name and address of the plaintiff’s attorney therein.
10 Del. C. § 1042 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1042
§ Â
        1042. Commencement of action; procedure.
Status: in_force

(a) A request for relief from domestic violence is initiated by the filing of a verified petition by the petitioner, or by the Division of Child Protective Services or the Division of Adult Protective Services, asking the court to issue a protective order against the respondent.

(b) The petitioner need not reveal an address, place of residence, school or employment or the address or place where the petitioner’s child or children receive child care or attend school, if it is alleged that disclosure of this information would endanger the petitioner. However, the Court may require the petitioner to reveal in confidence a current address or place of residence for the purpose of determining jurisdiction or venue.

(c) A petition for a protective order may be filed in any county where the petitioner resides, the respondent resides, the alleged domestic violence occurred, or where the petitioner is temporarily located away from the residence to avoid domestic violence.

(d) Forms and instructions for initiating a proceeding under this part shall be available from the Clerk of the Court. Assistance from court staff or court volunteers shall be available during business hours to assist the parties with all papers which may be filed in connection with a proceeding under this part. Any assistance or information provided by court staff or court volunteers under this part does not constitute the practice of law.

(e) All forms and instructions developed for use by the parties to a proceeding under this part shall contain simple, understandable language.

(f) The Court may examine a child outside the presence of the parties for the purpose of obtaining the child’s testimony and ascertaining the truth of a matter asserted by a party to the proceeding. The Court may permit counsel to be present at the examination, and to also examine the child. The Court may permit a party who is not present for the examination to submit questions of fact for the Court to use in ascertaining the testimony of the child. The Court shall cause a record of the examination to be made and it shall be made a part of the record in the case.
10 Del. C. § 4733 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4733
§ Â
        4733. Judgments entered at special directions of state judge.
Status: in_force

(a) Any state judge may have recorded, docketed, indexed and/or filed, in any appropriate city, county or state office in this State, where legal documents are usually received for recording, docketing, indexing and/or filing, any interlocutory, or final judgment or order or part thereof, entered in any cause pending in any of the state courts. The state judge shall, in the judgment or order proposed to be recorded, docketed, indexed and/or filed, direct the manner in which it shall be recorded, docketed, indexed and/or filed.

(b) From the time any judgment or order referred to in subsection (a) of this section is received in any office designated in the judgment, it shall constitute notice to all persons who are charged with notice of matters filed in such office.

(c) When a judgment or order is received by any city, county or state officer pursuant to subsection (a) of this section, the person in charge of the office shall receive the judgment or order and record, docket, index and/or file the same in accordance with the directions set forth in the judgment or order.

(d) As used in this section, “state judge” includes the Chancellor, and any Vice-Chancellor.
10 Del. C. § 6107 — Delaware Code / Title 10 / Chapter 61 / Section 6107
§ Â
        6107. Objections or defenses to taking.
Status: in_force

Any objection or defense to the taking of the property, or any interest therein, by any defendant, shall be made by answer. Any such answer setting forth any such objection or defense shall identify the property in which the answering defendant claims to have an interest, shall state the nature and extent of the interest claimed, and shall state specifically any such objections or defenses to the taking of the property. All objections and defenses not so presented shall be deemed waived. After the disposition of all such objections and defenses the cause shall proceed to the trial of the issue of just compensation.
10 Del. C. § 4317 — Delaware Code / Title 10 / Chapter 43 / Subchapter I / Section 4317
§ Â
        4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.
Status: in_force

No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured person or on such person’s behalf to others or to the estate or dependents of a deceased person, made under liability insurance as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer’s recognition of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance or partial payment until such written notice is actually given.
10 Del. C. § 9504 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9504
§ Â
        9504. Adjournments.
Status: in_force

A justice of the peace may adjourn cases on trial before him or her, taking security for the appearance of the party complained against.
10 Del. C. § 1023 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1023
§ Â
        1023. Disposition.
Status: in_force

Where the facts warrant the Court may adjudge an adult guilty of the offense charged and may:

(1) Impose the penalty provided by law; or

(2) Suspend the penalty, or any part thereof, and place the person on probation under such terms and conditions as the Court deems proper.
10 Del. C. § 924 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 924
§ Â
        924. Concurrent original civil jurisdiction.
Status: in_force

The Court shall have concurrent jurisdiction to hear writs of habeas corpus or other proceedings brought for the purpose of gaining or retaining the custody of a child or for the purpose of determining whether a child is being unlawfully detained by any person, agency, or institution.
10 Del. C. § 8134 — Delaware Code / Title 10 / Chapter 81 / Section 8134
§ Â
        8134. Limitation on liability of third parties rendering assistance in oil or hazardous material discharge cleanup.
Status: in_force

(a) The provisions of any law, rule or regulation to the contrary notwithstanding, the liability of any person rendering care, assistance or advice to prevent, minimize or mitigate oil or hazardous material discharge for any removal costs and damage caused by, or related to, such care, assistance or advice shall be limited to acts or omissions of such person which can be shown to have been the result of gross negligence, or reckless, wilful, wanton and/or intentional acts of misconduct on the part of such person.

(b) The limit of liability as set forth in subsection (a) of this section shall not apply to the actions of any person responsible for the initial discharge.

(c) Any person responsible for the initial discharge is liable for any removal costs and damages that another person is relieved of under subsection (a) of this section.

(d) This section shall not be construed to limit any liability of any person for personal injuries or wrongful death as a result of the acts or omissions of such person.
10 Del. C. § 2504 — Delaware Code / Title 10 / Chapter 25 / Section 2504
§ Â
        2504. Register in Chancery Office; days open.
Status: in_force

The Register in Chancery Office shall be open in each county each day except legal holidays, Saturdays and Sundays.
10 Del. C. § 1004 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1004
§ Â
        1004. Duties of officer having child in custody.
Status: repealed

A peace officer may take into custody a child the officer believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child’s custodian citing the reasons therefor. If the custodian refuses to accept the child or cannot be located or cannot provide necessary care for the child, the peace officer shall:

(1) When the child is not charged with a delinquent act, immediately contact the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families, who shall be responsible for further pursuing the whereabouts of the custodian or providing shelter and care for the child in a shelter home, foster home, group home, private agency home or other appropriate facility for children. The child shall be placed in a manner consistent with § 1009(e) [repealed] of this title. After making every reasonable effort to locate the custodian, the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families may release the child to the child's custodian or forthwith file with the Court a petition for custody alleging dependency or neglect.

(2) When the child has been charged with a delinquent act, take the child directly before the Court if the Court is in session or take the child before a court or commissioner for disposition in accordance with § 1005 of this title. After taking the child into custody, the peace officer shall forthwith file with the Court a sworn complaint alleging delinquency with a report for the reason of the child’s apprehension.
10 Del. C. § 7122 — Delaware Code / Title 10 / Chapter 71 / Section 7122
§ Â
        7122. Standard of proof.
Status: in_force

Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence.
10 Del. C. § 9567 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9567
§ Â
        9567. Entry of judgment satisfaction by creditor or execution officer.
Status: in_force

(a) The creditor in any judgment before a justice of the peace, receiving satisfaction thereof in any manner other than from an officer in pursuance of an execution, shall cause satisfaction of such judgment to be entered on the docket thereof within 90 days after receiving the same. Any officer receiving the amount of a judgment after the execution returned, so that the receipt does not appear by the return, shall, within 90 days after the receipt, cause the same to be entered upon the docket of the judgment, and of the execution.

(b) Whoever neglects the duty imposed by this section shall forfeit and pay to the debtor in the judgment, or the debtor’s executors, or administrators, any sum not exceeding one-half the judgment determined in the case.
10 Del. C. § 9522 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9522
§ Â
        9522. Issuance and requirements of summons.
Status: in_force

The writ of summons in an action under this subchapter shall be issued under the seal of the Justice of the Peace Court, dated on the day it is issued, stating the sum demanded, and the date for the defendant’s appearance, which shall be made by the filing of any written motion or pleading purporting to be responsive to, or affecting, the complaint, no later than 15 days from the date received.
10 Del. C. § 8124 — Delaware Code / Title 10 / Chapter 81 / Section 8124
§ Â
        8124. Notice of claim against City of Wilmington.
Status: in_force

No action, suit or proceeding shall be brought or maintained against the Mayor and Council of Wilmington for damages on account of physical injuries, death or injury to property by reason of the negligence of the Mayor and Council of Wilmington or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted shall, within 1 year from the happening of such injury, notify the Mayor in writing of the time, place, cause and character of the injuries sustained.
10 Del. C. § 5051 — Delaware Code / Title 10 / Chapter 49 / Subchapter X / Section 5051
§ Â
        5051. Issuance of writ.
Status: in_force

(a) No writ of capias ad satisfaciendum shall be issued upon any judgment in a civil action against any person in this State, until a writ of fieri facias on the judgment has issued, and it appears from the return of such fieri facias, that the defendant therein has not either real, or personal property within the county sufficient to satisfy the debt, or damages in the fieri facias expressed; or until the plaintiff in such judgment, or some credible person for the plaintiff, makes a written affidavit, to be filed in the prothonotary’s office before the issuing of the writ, stating that he or she verily believes that the defendant has not either real, or personal, estate sufficient to satisfy the debt, interest and costs contained in such judgment.

(b) Any writ of capias ad satisfaciendum issued, contrary to the provision in subsection (a) of this section shall be void, and the plaintiff obtaining such writ shall be liable to all the costs of the same.
10 Del. C. § 1049 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049
§ Â
        1049. Title.
Status: in_force

This part may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.”
10 Del. C. § 5120 — Delaware Code / Title 10 / Chapter 51 / Section 5120
§ Â
        5120. Fence viewersâ services.
Status: in_force

Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned.
10 Del. C. § 4810 — Delaware Code / Title 10 / Chapter 48 / Section 4810
§ Â
        4810. Effect of recognition of foreign-country judgment.
Status: in_force

If the court in a proceeding under § 4809 of this title finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:

(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and

(2) Enforceable in the same manner and to the same extent as a judgment rendered in this State.
10 Del. C. § 9585 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9585
§ Â
        9585. Goods and chattels subject to attachment; notice; judgment; creditors.
Status: in_force

(a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment.

(b) The constable shall be responsible for the safe keeping of the goods to be levied on in execution of the plaintiff’s judgment when obtained. If the goods are of a perishable nature, they may be sold on the justice’s order, and on due notice. The proceeds shall be held by the constable to be so applied, or restored, as is right. The constable’s official bond shall embrace both these duties.

(c) When either goods are attached, or garnishee summoned, public notice to the following effect shall be given for 1 month by advertisements posted in the justice’s office, at the courthouse door of the justice’s county, and in 3 public places of the defendant’s hundred, or, if within 2 years the defendant had no residence in the county, then in the justice’s hundred. On proof of such notice, and of the plaintiff’s demand before the justice, if under $5.00, and before referees, if above that sum, judgment may be rendered. The notices shall be prepared by the justice and shall state the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit, and the return.

(d) Any other creditor of the defendant may, on application, be permitted to defend such claims in the defendant’s name, or to open and controvert the judgment, or appeal from the same as in other cases.

(e) Nothing in this section shall apply to execution attachments.
10 Del. C. § 5104 — Delaware Code / Title 10 / Chapter 51 / Section 5104
§ Â
        5104. Actions in name of State.
Status: in_force

If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation.
10 Del. C. § 125 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 125
§ Â
        125. Certification of appointments.
Status: in_force

The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them.
10 Del. C. § 9537 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9537
§ Â
        9537. Failure of defendant to appear; adjournment or judgment by default.
Status: in_force

(a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned judgment by default may be entered. The amount of damages awarded shall be the amount proven to be properly due. Such proof may be by affidavit or, when judgment is entered by the Court, by such other information as may be required by the Court. A default judgment may be entered as follows:

(1) By the clerk. — When the plaintiff’s claim is (i) based upon a written instrument from which the defendant’s agreement to pay the amount claimed can be determined from the face of the instrument or from calculations therefrom or (ii) for a civil penalty payable to the State or any subdivision thereof, a mandatory dollar amount of which is specified by statute, the clerk, upon written application of the plaintiff and upon affidavit of the amount due, giving credit for any payments and showing the amounts and dates thereof and a computation of any applicable interest to the date of judgment, may enter judgment for that amount and costs against the defendant.

(2) By the Court. — When entry of judgment may not be made by the clerk pursuant to paragraph (a)(1) of this section or when the Court, in its discretion, determines that entry of the default judgment should be made by the Court, the Court may enter the judgment. When entered by the Court, the Court may make investigation into and determine the amount of damages properly due. If in order to enable the Court to enter judgment, carry it into effect, or determine the amount of damages, it is necessary to establish the truth of any averment by evidence or to make an investigation of any matter, the Court may conduct such hearings or order such references as it deems necessary and proper.

(b) No judgment shall be given against an executor, or administrator, as such, by default, until the plaintiff produces the obligation, note, or contract of the deceased, or a book of accounts regularly and fairly kept, and verified by oath or affirmation, or other sufficient proof, and a probate regularly made; and a book of accounts shall not be received for cash entries, or items not properly chargeable in account.
10 Del. C. § 6604 — Delaware Code / Title 10 / Chapter 66 / Section 6604
§ Â
        6604. No waiver; no penalties.
Status: in_force

(a) The provisions of this chapter shall not be waived.

(b) No payee who proposes to make a transfer of structured settlement payment rights shall inure any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any failure of such transfer to satisfy the conditions of § 6601 of this title.
10 Del. C. § 4805 — Delaware Code / Title 10 / Chapter 48 / Section 4805
§ Â
        4805. Personal jurisdiction.
Status: in_force

(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:

(1) The defendant was served with process personally in the foreign country;

(2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant;

(3) The defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;

(5) The defendant had a business office in the foreign country and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or

(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action arising out of such operation.

(b) The list of bases for personal jurisdiction in subsection (a) of this section is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection (a) of this section as sufficient to support a foreign-country judgment.
10 Del. C. § 6503 — Delaware Code / Title 10 / Chapter 65 / Section 6503
§ Â
        6503. Construction of contract before or after breach.
Status: in_force

A contract may be construed either before or after there has been a breach thereof.
10 Del. C. § 5108 — Delaware Code / Title 10 / Chapter 51 / Section 5108
§ Â
        5108. Proceedings out of court.
Status: in_force

In any proceeding before a judge, the Chancellor, or Vice-Chancellor, out of court, there may be allowed for the service of process or the attendance of witnesses a reasonable fee, not exceeding what is allowable for like service or attendance in proceedings before a justice of the peace. The judge, Chancellor, or Vice-Chancellor may make such order for the payment thereof as he or she considers just, and enforce obedience by attachment.
10 Del. C. § 8714 — Delaware Code / Title 10 / Chapter 87 / Section 8714
§ Â
        8714. Surveyor, chain-carrier, axe-person, target-bearer.
Status: in_force

For services on surveys and partitions in the Court of Chancery, ejectment in the Superior Court, marking and bounding of disputed lines, laying out of public roads, etc., surveyors, chain-carriers, axe-persons, target-bearers, witnesses, and all other persons necessary to the economical execution of any order of any of the courts in such cases, and the person having in charge the procurement of the execution of any such order, for his or her services in the premises, including the board and accommodations of persons properly employed in and about the execution of the work, the several courts concerned shall fix a just and fair compensation or allowance. All such charges and the expenses so incurred in and about the premises shall be a joint charge upon all the parties interested in such work, in proportion to their respective interests therein.
10 Del. C. § 7504 — Delaware Code / Title 10 / Chapter 75 / Section 7504
§ Â
        7504. Limitation of liability.
Status: in_force

Nothing contained in this chapter shall make a recognizor, obligor, or other party liable for damages beyond the penalty of his or her recognizance, bond, or specialty; or in any manner extend, abridge, or alter the legal operation of any recognizance or other instrument.
10 Del. C. § 375 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 375
§ Â
        375. Recording of bonds and other obligations.
Status: in_force

All bonds or obligations taken pursuant to any order or judgment of the Court of Chancery in this State, shall be recorded in such Court in such manner as the Court directs. The record of any such bond or obligation so recorded, shall, upon proof of the loss of the original, be received as evidence in all courts within this State.
10 Del. C. § 7112 — Delaware Code / Title 10 / Chapter 71 / Section 7112
§ Â
        7112. Enforcing ex parte and temporary abatement orders.
Status: in_force

(a) Upon order of the Court, ex parte closing orders and temporary abatement orders shall be enforced by the appropriate police agency having jurisdiction over the area where the premises are located.

(b) The officers serving an ex parte closing order or a temporary abatement order shall file with the Court an inventory of the personal property situated in or on the premises closed and shall be allowed to enter the premises to make the inventory. The inventory shall provide an accurate representation of the personal property subject to such inventory including, but not limited to, photographing of furniture, fixtures and other personal or movable property.

(c) The officers serving an ex parte closing order shall, upon service of the order, demand all persons present in the premises closed, to vacate such premises or portion thereof forthwith unless the Court orders otherwise. The premises or portion thereof shall be securely locked and all keys shall be held by the agency closing the premises.

(d) Upon service of an ex parte closing order or a temporary abatement order, the officer shall post a copy thereof in a conspicuous place or upon 1 or more of the principal doors at entrances of the premises. In addition, where an ex parte closing order has been granted, the officers shall affix, in a conspicuous place or upon 1 or more of the principal entrances of such premises, a printed notice that the entire premises or portion thereof have been closed by court order, which notice shall contain a legend “Closed by Court Order” in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises. The printed notice shall also include the date of the order, the Court which issued the order and the name of the office or agency posting the notice. In addition, where a temporary abatement order has been granted, the officer shall affix, in the same manner, a notice similar to the notice provided for in relation to an ex parte closing order except that the notice shall state that certain activity is prohibited by court order and that removal of furniture, fixtures or other personal or movable property is prohibited by court order.

(e) Any person who knowingly or purposely violates any ex parte closing order or temporary abatement order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt pursuant to §§ 1271-1272 of Title 11 and § 7129 of this title.
10 Del. C. § 4901 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4901
§ Â
        4901. Real estate.
Status: in_force

Lands, tenements and hereditaments and all right of dower and curtesy therein when no sufficient personal estate can be found may be seized and sold upon judgment and execution obtained.
10 Del. C. § 7702 — Delaware Code / Title 10 / Chapter 77 / Section 7702
§ Â
        7702. Commencement of action; procedure.
Status: in_force

(a) A law-enforcement officer may request relief under § 7703 of this title by filing an affidavit or verified petition.

(b) Any petitioner may request relief under § 7704 of this title by filing an affidavit or verified petition.

(c) A petition for a lethal violence protective order must be filed in the county where the respondent resides.

(d) Forms and instructions for initiating a proceeding under this section must be available from the Justice of the Peace Court’s office and the Superior Court Prothonotary’s office.

(e) All forms and instructions developed for use by the parties to a proceeding under this chapter must contain simple, understandable language.
10 Del. C. § 5119 — Delaware Code / Title 10 / Chapter 51 / Section 5119
§ Â
        5119. Perpetuating testimony of boundaries.
Status: in_force

Upon proceedings for perpetuating testimony of boundaries, each party shall bear the costs of the attendance and examination of witnesses produced by the party. All the other costs shall be paid by the petitioner.
10 Del. C. § 905 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 905
§ Â
        905. Budget; payment of salaries and expenses.
Status: in_force

The Court shall operate financially in accordance with its budget as enacted by the General Assembly and within this limit the Secretary of Finance shall pay the Court’s salaries and expenses upon the warrant of the Administrator or an assistant administrator countersigned by the Chief Judge, if available, or, if not, by any Judge.
10 Del. C. § 4759 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4759
§ Â
        4759. Compelling entry on record.
Status: in_force

Where judgments are liens upon real estate and the same have been paid, and the obligee or plaintiff or his or her executors, administrators or assigns refuses or neglects to enter satisfaction of such judgment on the record thereof in the office where the same is entered, such satisfaction of such judgment may be compelled or be ordered to be entered on the record according to the provisions of § 2115 of Title 25.
10 Del. C. § 1909 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1909
§ Â
        1909. Appointment of judges.
Status: in_force

All judges of this State or any of its subdivisions shall be appointed by the Governor, by and with the consent of a majority of all members elected to the Senate, for such terms as shall be fixed by the Delaware Constitution or by state law.
10 Del. C. § 4325 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4325
§ Â
        4325. Waiver.
Status: in_force

If a reporter waives the privilege provided by this subchapter with respect to certain facts, he or she may be cross-examined on the testimony or other evidence he or she gives concerning those facts but not on other facts with respect to which the reporter claims the privilege. A reporter does not waive or forfeit the privilege by disclosing all or any part of the information protected by the privilege to any other person.
10 Del. C. § 1982 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI / Section 1982
§ Â
        1982. Appointment of commissioners; preparation and examination of new indices.
Status: in_force

Whenever an order is made under this subchapter for the alteration, revision or making of any index, a Judge of the Superior Court and the Court of Chancery of the County shall appoint 2 commissioners who shall make or cause to be made the index of such records, pursuant to the provisions of this subchapter. The commissioners may procure all books necessary for such purpose, the cost of which shall be paid by the County Council. The commissioners shall examine such index so made and shall certify the same to be true and correct. After such certification, the index shall become and be the index of Sussex County in lieu of those theretofore in use.
10 Del. C. § 6112 — Delaware Code / Title 10 / Chapter 61 / Section 6112
§ Â
        6112. Review.
Status: in_force

There shall be a right of review in every condemnation cause from the final confirmed award of the Superior Court to the Supreme Court as in the manner provided for review of any other final civil judgment of the Superior Court. Any such review must be instituted within 1 month from the time of entry of the final confirmed award of the Superior Court.
10 Del. C. § 3703 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3703
§ Â
        3703. Executorâs or administratorâs death or removal.
Status: in_force

An action commenced by or against an executor or administrator shall not be abated by his or her death or removal from office, but a succeeding executor or administrator may be admitted a party plaintiff or made a party defendant to such action.
10 Del. C. § 367 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 367
§ Â
        367. Failure of defendant to appear; service of judgment before execution.
Status: in_force

If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the defendant had actually appeared.

If any such defendant is in custody, or within the county, a copy of any judgment, made in the case, shall be served upon the defendant before any process shall issue in execution, or for the performance thereof.
10 Del. C. § 4012 — Delaware Code / Title 10 / Chapter 40 / Subchapter II / Section 4012
§ Â
        4012. Exceptions to immunity.
Status: in_force

A governmental entity shall be exposed to liability for its negligent acts or omissions causing property damage, bodily injury or death in the following instances:

(1) In its ownership, maintenance or use of any motor vehicle, special mobile equipment, trailer, aircraft or other machinery or equipment, whether mobile or stationary.

(2) In the construction, operation or maintenance of any public building or the appurtenances thereto, except as to historic sites or buildings, structures, facilities or equipment designed for use primarily by the public in connection with public outdoor recreation.

(3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water.
10 Del. C. § 7903 — Delaware Code / Title 10 / Chapter 79 / Section 7903
§ Â
        7903. Extension of rights of infants and other persons under disability.
Status: in_force

If at any time when a right of entry upon, or action for any lands or tenements first accrues, the person entitled to such entry, or action, is an infant, or mentally ill, or imprisoned, such person, or anyone claiming from, by, or under such person, may make the entry, or bring the action, at any time within 10 years after such disability is removed, notwithstanding the 20 years specified in §§ 7901 and 7902 of this title as limited in that behalf has expired.
10 Del. C. § 1974 — Delaware Code / Title 10 / Chapter 19 / Subchapter V / Section 1974
§ Â
        1974. Omission of satisfied liens from new indices.
Status: in_force

Whenever a new index or indices are made under this subchapter for the records of judgments, mechanics’ liens, foreign or domestic attachments, mortgages or recognizances, the new index or indices shall omit all such as have been fully and legally satisfied. No other change shall be made in the manner or system of keeping any index except by order of the court so ordering.
10 Del. C. § 6013 — Delaware Code / Title 10 / Chapter 60 / Section 6013
§ Â
        6013. Transitional provision.
Status: in_force

This chapter applies to a civil action filed or cause of action asserted in a civil action on or after September 15, 2025.
10 Del. C. § 4011 — Delaware Code / Title 10 / Chapter 40 / Subchapter II / Section 4011
§ Â
        4011. Immunity from suit.
Status: in_force

(a) Except as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages. That a governmental entity has the power to sue or be sued, whether appearing in its charter or statutory enablement, shall not create or be interpreted as a waiver of the immunity granted in this subchapter.

(b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from:

(1) The undertaking or failure to undertake any legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, regulation, resolution or resolve.

(2) The undertaking or failure to undertake any judicial or quasi-judicial act, including, but not limited to, granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial.

(3) The performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion be abused and whether or not the statute, charter, ordinance, order, resolution, regulation or resolve under which the discretionary function or duty is performed is valid or invalid.

(4) The decision not to provide communications, heat, light, water, electricity or solid or liquid waste collection, disposal or treatment services.

(5) The discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, except as provided in § 4012(3) of this title.

(6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of such ways including but not limited to street signs, traffic lights and controls, parking meters and guardrails.

Paragraphs (b)(1) to (6) of this section to which immunity applies are cited as examples and shall not be interpreted to limit the general immunity provided by this section.

(c) An employee may be personally liable for acts or omissions causing property damage, bodily injury or death in instances in which the governmental entity is immune under this section, but only for those acts which were not within the scope of employment or which were performed with wanton negligence or wilful and malicious intent.