10 Del. C. § 3103 — Delaware Code / Title 10 / Chapter 31 / Section 3103
§ Â
        3103. Service and return of summons.
Status: in_force

(a) A writ of summons may be served on the defendant in the manner prescribed by any rule of court, or by stating the substance of it to the defendant personally, or by leaving a copy of it at the defendant’s usual place of abode, in the presence of some adult person, 6 days before the return thereof.

(b) The officer serving a summons shall state the officer’s return the time and manner of service.

(c) No service of summons upon the State, or upon any administrative office, agency, department, board or commission of the state government, or upon any officer of the state government concerning any matter arising in connection with the exercise of his or her official powers or duties, shall be complete until such service is made upon the person of the Attorney General or upon the person of the State Solicitor or upon the person of the Chief Deputy Attorney General.
10 Del. C. § 4717 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4717
§ Â
        4717. Judgments by confession.
Status: in_force

A judgment, entered by the prothonotary of the Superior Court upon an obligation, without complaint filed, according to § 2306 of this title, shall have the same force and effect as if a complaint had been filed and judgment confessed by an attorney, or judgment obtained in open court.
10 Del. C. § 3705 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3705
§ Â
        3705. Appeals and writs of error.
Status: in_force

Appeals and writs of error are within the provisions of this chapter.
10 Del. C. § 3927 — Delaware Code / Title 10 / Chapter 39 / Section 3927
§ Â
        3927. Unsworn declarations under penalty of perjury.
Status: in_force

(a) To the extent authorized by court rule, any matter, except as otherwise provided in subsection (b) of this section, that is required or permitted by the laws of this State to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same, such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, verification, certificate, or statement, in writing of such person which is subscribed by him or her, as true under penalty of perjury, and dated, in substantially the following form:

I declare under penalty of perjury under the laws of Delaware that the foregoing is true and correct.

Executed on the ______ day of ________________ (month) ________________ year.

________________(Printed Name)

________________ (Signature)

(b) This section shall be inapplicable to the same extent as provided in § 5354(b) of this title.
10 Del. C. § 506 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 506
§ Â
        506. Deposit or investment of money paid into Court.
Status: in_force

The Superior Court may deposit, in the name of the Court in any savings bank of this State, or invest in the name of the State in the funded debt of this State or of the United States, or upon bond or mortgage, or both, any money paid into the Court when the person entitled to the same is a nonresident of this State, unknown or incompetent to receive the same, or when for any sufficient cause it is impossible or improper to pay the same to the party interested therein.

The money so deposited or invested may be called in, collected, redeposited, reinvested or paid to the parties entitled to the same, as the Court from time to time directs. Costs incurred under this section shall be payable out of the fund.
10 Del. C. § 7513 — Delaware Code / Title 10 / Chapter 75 / Section 7513
§ Â
        7513. Written obligation without penalty.
Status: in_force

An obligation in writing, executed under the hand and seal of the obligor, by which the obligor binds himself or herself to pay a certain sum of money at a designated time, with interest, costs and counsel fees, as provided by law, shall be construed to be a bond, although no penal sum is named therein, and actions and proceedings may be brought thereon and judgments entered for the amount due, including debt, interest, costs and counsel fees, in accordance with the warrant of attorney contained therein.

This section shall not be deemed to invalidate or raise a question concerning the validity of any bond, or obligation in writing, under the hand and seal of the obligor, made prior to April 5, 1923, executed and delivered and not containing the recital of a penal sum.
10 Del. C. § 9502 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9502
§ Â
        9502. Summons for witnesses.
Status: in_force

A Justice of the Peace Court may issue summons for witnesses in all cases pending before the Court, and in all civil cases pending before any magistrates, referees, arbitrators, or other persons authorized to examine witnesses.
10 Del. C. § 7354 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7354
§ Â
        7354. Discharge upon failure to give recognizance.
Status: in_force

If the order issued under § 7352 of this title is not complied with by the person on whom it is made (or by some 1 of them if there be several) within 10 days after the same is made, the prothonotary shall certify the order and the failure to comply therewith to the sheriff, or jailer, of the county. Thereupon the petitioner shall be discharged from imprisonment.
10 Del. C. § 7357 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7357
§ Â
        7357. Arrest upon same process; continuation of obligations.
Status: in_force

A person discharged from imprisonment pursuant to § 7354, § 7355 or § 7356 of this title shall not be again arrested upon the same process, but such imprisonment and discharge shall have no other effect. No judgment, debt, or demand shall be thereby extinguished or invalidated.
10 Del. C. § 7201 — Delaware Code / Title 10 / Chapter 72 / Section 7201
§ Â
        7201. Purpose.
Status: in_force

Sexual violence is heinous. Perpetrators of sexual violence inflict humiliation, degradation, and terror on victims. Rape is recognized as a significantly under reported crime. Victims who do not report the crime of rape or other sexual violence nevertheless desire safety and protection from future interactions with the perpetrator of the rape or other sexual violence. The purpose of this chapter is to provide a civil remedy to a victim of a rape or other sexual violence which requires the offender to stay away from the victim. This civil remedy is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator and where the respondent is at least 18 years of age.
10 Del. C. § 1021 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1021
§ Â
        1021. Prosecution of adults; process; bail.
Status: in_force

(a) Prosecution of a person subject to the jurisdiction of the Court who has reached the person’s eighteenth birthday prior to the time of commission of the offense shall be without trial by jury and may be prosecuted either by an information or a complaint. Neither the Attorney General nor any of the Deputy Attorneys General is required to appear to prosecute any such criminal case before a Master.

(b) A summons or other process may be employed to command the appearance of such person before the Court.

(c) Notwithstanding any other provision in this chapter, such person may be released on the person’s own recognizance; or under such bail as a Judge of the Court may require pending disposition of the case; or, in default of bail, such person may be committed to the Department of Services to Children, Youth, and Their Families or to the Department of Correction, pending disposition of the case.

(d) In connection with either a secured release or an unsecured release, a Judge of the Court may impose one or more of the following conditions:

(1) Require the person to return to the Court at any time upon notice, and submit to the orders and processes of the Court;

(2) Place the person in the custody of a designated person or organization agreeing to supervise the person;

(3) Place the person under the supervision of a presentence officer, probation officer or pretrial services officer;

(4) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates or place of abode of the person during the period of release;

(5) Require the person to have no contact or restricted contact with the victim, victim’s family, victim’s residence, place of employment, school or location of offense;

(6) Require periodic reports from the person to an appropriate agency or officer of the Court, including the attorney for the accused;

(7) Require psychiatric or medical treatment of the person;

(8) Require the person to provide suitable support for the person’s family under supervision of an office of the Court;

(9) Require a person, who has been convicted, to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed, or is reversed and remanded, such person shall forthwith surrender to the Court;

(10) Impose any other condition deemed reasonably necessary to assure appearance as required, and to carry out the purposes of this chapter.

(e) If the person is committed, in lieu of bail, a Judge of the Court may require such person, while in custody, to have no contact with the victim or with the victim’s family.

(f) The accused, or the Attorney General, may apply to the Court for any modification of any determination by the Court as to the decision of the type of release, the amount and nature of the bond or surety or the conditions of release.

(g) Where a Judge modifies any bail amount, such Judge shall review conditions and may impose any conditions as are set forth in this section, including specific considerations for the safety of the victim and the community.

(h) If the accused has furnished surety, a Judge of the Court shall, at that time, review conditions and may impose conditions as are set forth in this section including specific considerations for the safety of the victim and the community.
10 Del. C. § 1324 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1324
§ Â
        1324. General powers of Court.
Status: in_force

The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, the production of documents, books and records and the production of all other necessary evidence.
10 Del. C. § 5207 — Delaware Code / Title 10 / Chapter 52 / Section 5207
§ Â
        5207. Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
Status: in_force

(a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. Such a judgment or award on a foreign-money claim shall be considered a judgment or claim for an ascertained amount.

(b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.

(c) Assessed costs must be entered in United States dollars.

(d) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.

(e) A judgment or award made in an action or distribution proceeding on both:

(1) A defense, set-off, recoupment or counterclaim; and

(2) The adverse party’s claim

must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger and specifying the rates of exchange used.

(f) A judgment substantially in the following form complies with subsection (a) of this section:

IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.

(g) If a contract claim is of the type covered by § 5205(a) or (b) of this title, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.

(h) A judgment must be entered and indexed in foreign money in the same manner and has the same effect as a lien as other judgments. It may be discharged by payment.
10 Del. C. § 3105 — Delaware Code / Title 10 / Chapter 31 / Section 3105
§ Â
        3105. Service and return of scire facias.
Status: in_force

In every case in which a writ of scire facias may by law be issued, it shall be served and returned in the same manner as is provided in case of an original summons.
10 Del. C. § 4330 — Delaware Code / Title 10 / Chapter 43 / Subchapter III / Section 4330
§ Â
        4330. Chemical test report.
Status: in_force

For the purpose of establishing that physical evidence in a criminal or civil proceeding constitutes a particular controlled substance defined under Chapter 47 of Title 16, a report signed by the forensic toxicologist or forensic chemist who performed the test or tests as to its nature is prima facie evidence that the material delivered was properly tested under procedures approved by the Division of Forensic Science, that those procedures are legally reliable, that the material was delivered by the officer or person stated in the report and that the material was or contained the substance therein stated, without the necessity of the forensic toxicologist or forensic chemist personally appearing in court, provided the report identifies the forensic toxicologist or forensic chemist as an individual certified by the Division of Forensic Science, the Delaware State Police or any county or municipal police department employing analysts of controlled substances, as qualified under standards approved by the Division of Forensic Science to analyze those substances, states that the forensic toxicologist or forensic chemist made an analysis of the material under the procedures approved by the Division of Forensic Science and also states that the substance, in the forensic toxicologist’s or forensic chemist’s opinion, is or contains the particular controlled substance specified. Nothing in this section precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in or the presumption raised by the report.
10 Del. C. § 9571 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9571
§ Â
        9571. Appeal in civil actions.
Status: in_force

(a) From any final order, ruling, decision or judgment of the Court in a civil action there shall be the right of appeal to the Court of Common Pleas of the State in the county in which said order, ruling, decision or judgment was rendered.

(b) The appeal shall be taken within 15 days of the final order, ruling, decision or judgment.

(c) The appeal shall be a trial de novo.

(d) The Court of Common Pleas shall establish appeal procedures and supersedeas bond requirements by rule.
10 Del. C. § 7303 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7303
§ Â
        7303. Summons to creditors; service.
Status: in_force

The petition being preferred, the court shall award process for summoning the creditors of the petitioner to appear in the court, on some certain day, and show cause, if any they have, why the petitioner should not be discharged from imprisonment upon assigning his or her property for the benefit of his or her creditors. Service of such summons upon the agent or attorney of a creditor not residing in the State shall be a valid service as to such creditor. Service of a summons upon 1 of several parties, joint plaintiffs, or joint creditors, shall be sufficient so far as concerns a partnership, or joint debt.
10 Del. C. § 5201 — Delaware Code / Title 10 / Chapter 52 / Section 5201
§ Â
        5201. Definitions.
Status: in_force

In this chapter:

(1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.

(2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate.

(3) “Conversion date” means the banking day next preceding the date on which money, in accordance with this chapter, is:

a. Paid to a claimant in an action or distribution proceeding;

b. Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or

c. Used to recoup, set off or counterclaim in different moneys in an action or distribution proceeding.

(4) “Distribution proceeding” means a judicial or nonjudicial proceeding for the distribution of a fund in which 1 or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund.

(5) “Foreign money” means money other than money of the United States of America.

(6) “Foreign-money claim” means a claim upon an obligation to pay or a claim for recovery of a loss expressed in or measured by a foreign money.

(7) “Money” means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by inter-governmental agreement.

(8) “Money of the claim” means the money determined as proper pursuant to § 5204 of this title.

(9) “Person” means an individual, a corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, joint venture, partnership, limited liability company, association, 2 or more persons having a joint or common interest or any other legal or commercial entity.

(10) “Rate of exchange” means the rate at which money of 1 country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.

(11) “Spot rate” means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in cash or equivalent, by charge to an account or by an agreed delayed settlement not exceeding 2 days.

(12) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
10 Del. C. § 5355 — Delaware Code / Title 10 / Chapter 53A / Section 5355
§ Â
        5355. Required medium.
Status: in_force

If a law of this State requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
10 Del. C. § 5358 — Delaware Code / Title 10 / Chapter 53A / Section 5358
§ Â
        5358. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that Act, 15 U.S.C. § 7003(b).
10 Del. C. § 6115 — Delaware Code / Title 10 / Chapter 61 / Section 6115
§ Â
        6115. Recording of certified abstract of condemnation proceedings; failure to record.
Status: in_force

(a) Whenever lands or any interest therein are condemned by any person, corporation or political subdivision under any statute of this State, and the amount of damages ascertained shall have been paid or deposited as provided in the statute, the record thereof shall be filed in the office of the prothonotary for the county, in which the land lies and the person, corporation or political subdivision for whose benefit such land is condemned, shall secure from the prothonotary a certified abstract of the record of such condemnation proceedings. The certified abstract shall include a description of the land condemned, a statement of the title or interest so acquired, the name of the former owner or owners of such interest, the name of the person, corporation or political subdivision, acquiring the interest through the proceedings and a memorandum showing the amount of damages paid or deposited. The abstract shall, within 30 days after the memorandum showing the amount of damages paid or deposited shall have been filed in the prothonotary’s office, be recorded in the office of the recorder of deeds for the county wherein the land lies, in the deed records of the county and shall be indexed by the recorder in the name of the condemning person, corporation or political subdivision, as the grantee, and in the name of the former owner or owners of the land, as the grantor or grantors.

(b) If such abstract is not recorded as provided in subsection (a) of this section, the condemnation proceedings shall not avail against a subsequent fair creditor, mortgagee or purchaser, for a valuable consideration, unless it shall appear that such creditor when giving the credit, or such mortgagee or purchaser, when advancing the consideration, had notice of such condemnation proceedings.
10 Del. C. § 5712 — Delaware Code / Title 10 / Chapter 57 / Section 5712
§ Â
        5712. Fees and expenses of arbitration.
Status: in_force

Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The Court, on complaint or on application in an existing case, may reduce or disallow any fee or expense which it finds excessive, or may allocate it as justice requires.
10 Del. C. § 906 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 906
§ Â
        906. Judges; selection; designation; qualifications; terms; vacancies; salaries.
Status: in_force

(a) The Judges of the Family Court of the State in and for New Castle County and of the Family Court for Kent and Sussex Counties shall continue to serve as Judges of this Court for the remainders of their present terms. The enactment of this chapter ratifies their respective appointments and confirmations as Judges of this Court with statewide jurisdiction. All further appointments of Judges of this Court from time to time hereafter shall be made by the Governor, by and with the consent of a majority of all the members elected to the Senate. Appointments, including appointments to fill vacancies which may occur during a term, shall be for a term of 12 years.

(b) The Court shall be composed of 19 Judges of equal judicial authority. One Judge shall be the Chief Judge. No more than a majority of 1 Judge shall be members of the same political party.

(c) Appointees shall be duly admitted to the practice of law before the Supreme Court of this State for a period not less than 5 years prior to their appointment and shall be selected because of their knowledge of the law and interest in and understanding of family and child problems. They shall not practice law during their tenure and may be reappointed.

(d) One of the Judges shall be designated by the Governor as Chief Judge to hold office during the term of that Judge’s appointment.

(e) All of the Judges shall be residents of the State for a period of 5 years immediately prior to their appointment. The Chief Judge may reside in any county of the State. After appointment, 10 of the Judges shall reside in New Castle County, 4 Judges shall reside in Kent County, and 4 Judges shall reside in Sussex County.

(f) The Chief Judge and each of the Judges of the Family Court shall receive such compensation as shall be provided by law.
10 Del. C. § 930 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 930
§ Â
        930. Education decision maker for abused, dependent, neglected, or delinquent children or children in the Departmentâs custody.
Status: in_force

(a) At a proceeding or upon a motion involving a child found in this State who is alleged to be abused, dependent, neglected, or delinquent, the Court may appoint an education decision maker for the child if it finds any of the following:

(1) The child has no parent or guardian.

(2) A parent or guardian of the child voluntarily consents to the appointment of an education decision maker.

(3) After notice to the parent or guardian and an opportunity for a parent or guardian to be heard, that the child is an abused child, dependent child, neglected child, or delinquent child and it is in the child’s best interests to limit a parent’s or guardian’s right to make decisions regarding the child’s education.

(b) The Court may limit the authority of a parent or guardian to make education decisions only to the extent necessary to protect the child’s best interests and may cancel, reinstate, or change the education decision maker at any proceeding or upon a motion if the Court makes specific findings that it is in the child’s best interests to do so.

(c) The Court shall determine whether there is a responsible adult who is a relative or other adult known to the child who is available and willing to serve as the child’s education decision maker. The Court may appoint the child’s attorney or Court Appointed Special Advocate volunteer to serve as the education decision maker. The Court may not appoint the child’s defense attorney in a delinquency proceeding to serve as the education decision maker.

(d) The Court shall provide notice to an education decision maker of all Court proceedings involving the child to which the education decision maker is appointed.

(e) Unless a child qualifies for special education services under 20 U.S.C. § 1400 et. seq., 34 C.F.R. § 104.3 (j), Chapter 31 of Title 14, and corresponding Department of Education regulations, the child’s education decision maker must do all of the following:

(1) Make appropriate inquiries and take appropriate action regarding all of the following:

a. The child’s educational stability or educational placement.

b. All school discipline matters.

c. Transition planning for independent living.

d. Education services and accommodations that will allow the child to meet state standards.

(2) Notify the Division of Family Services (“DFS”) if a child who is in the custody of the Department under Chapter 25 of Title 13 is suspected of having a disability. Upon notification, DFS shall request an educational surrogate parent for special education purposes from the Department of Education under § 3132 of Title 14.

(3) Consent to or prohibit the release of information from the child’s school records as a parent in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and 34 C.F.R. § 99.3 (1974).

(f) (1) An education decision maker may serve as an educational surrogate parent if the education decision maker meets the qualifications under § 3132 of Title 14.

(2) If a child is already assigned an educational surrogate parent, the Court may appoint an education decision maker to make all educational decisions relating to the child that are not the responsibility of the educational surrogate parent in accordance with state and federal law.

(g) An education decision maker must make all education decisions based on the best interests of the child.
10 Del. C. § 348 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 348
§ Â
        348. Disputes involving deed covenants or restrictions.
Status: in_force

(a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall, through a Magistrate in Chancery or such other person as may be appointed that Magistrate in Chancery’s designee, mediate disputes involving the enforcement of deed covenants or restrictions when:

(1) An action involving the enforcement of deed covenants or restrictions has been filed with the Court;

(2) At least 1 party is an association or other entity representing the homeowners or lot owners of a subdivision, if such an association or entity exists; and

(3) At least 1 party is a homeowner or lot owner in that subdivision. The mediator shall assist the parties in trying to reach a mutually satisfactory resolution of their dispute. Mediation proceedings under this section are confidential and not of public record.

(b) By rule, the Court of Chancery may further define those types of deed covenant or restriction cases which must be mediated.

(c) Upon the filing of an action involving the enforcement of deed covenants or restrictions, the Court shall schedule a mandatory mediation hearing to be held within 60 days of the filing. If the parties fail to resolve the dispute, the Court shall schedule a trial to be held within 120 days of the failed attempt to mediate the dispute, unless for good cause shown the Court in its discretion concludes that a longer period of time is warranted. A Magistrate in Chancery shall preside over the trial.

(d) The parties to a dispute mediated pursuant to the provisions of this section are not required to be represented by an attorney during a mandatory mediation proceeding.

(e) The nonprevailing party at a trial held pursuant to the provisions of this section must pay the prevailing party’s attorney fees and court costs, unless the court finds that enforcing this subsection would result in an unfair, unreasonable, or harsh outcome.
10 Del. C. § 4803 — Delaware Code / Title 10 / Chapter 48 / Section 4803
§ Â
        4803. Standards for recognition of foreign-country judgment.
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this State shall recognize a foreign-country judgment to which this chapter applies.

(b) A court of this State may not recognize a foreign-country judgment if:

(1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) The foreign court did not have personal jurisdiction over the defendant; or

(3) The foreign court did not have jurisdiction over the subject matter.

(c) A court of this State need not recognize a foreign-country judgment if:

(1) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

(2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

(3) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;

(4) The judgment conflicts with another final and conclusive judgment;

(5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

(7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

(8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.
10 Del. C. § 323 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 323
§ Â
        323. Office secretaries.
Status: in_force

Each of the Judges of the Court of Chancery may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render to such Judge such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Chancellor shall from time to time determine.
10 Del. C. § 7602 — Delaware Code / Title 10 / Chapter 76 / Section 7602
§ Â
        7602. Civil Sexual Abuse Report.
Status: in_force

Civil Sexual Abuse Liability Report (“the Report”) shall mean a report that each court shall post in a public place in the court house and on the court’s web site. The Report shall list all persons found liable for sexual abuse in that court. The Report shall be entitled “Civil Sexual Abuse Report”. The list shall include the name and address of defendant and the offense or cause for which the defendant was found liable and shall be updated within 1 week when a defendant is found eligible or when a defendant has been relieved from eligibility pursuant to §§ 7603 and 7604, respectively, of this title. A defendant found eligible must keep the court apprised of that defendant’s current address.
10 Del. C. § 341 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 341
§ Â
        341. Matters and causes in equity.
Status: in_force

The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity.
10 Del. C. § 1967 — Delaware Code / Title 10 / Chapter 19 / Subchapter IV / Section 1967
§ Â
        1967. 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 doing.
10 Del. C. § 363 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 363
§ Â
        363. Issuance of process upon filing of complaint.
Status: in_force

No process shall issue for the appearance of a party in the Court of Chancery until the complaint is regularly filed.
10 Del. C. § 2505 — Delaware Code / Title 10 / Chapter 25 / Section 2505
§ Â
        2505. Disposition of fees.
Status: in_force

All the fees, costs, allowances and other perquisites which are taxable and paid to the Register in Chancery Office for any official service rendered shall be for the sole use of the State, and when received shall be paid to the State Treasurer.
10 Del. C. § 5044 — Delaware Code / Title 10 / Chapter 49 / Subchapter IX / Section 5044
§ Â
        5044. Specification of prior executions.
Status: in_force

(a) Where the levy, or seizure, is returned as made subject to prior execution, the sheriff or other officer shall, in the officer’s endorsed, or annexed return, set forth as well the names of the plaintiffs in such prior executions as have come to the officer’s hands, as the sums thereby to be levied.

(b) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return thereof, as provided by § 4755 of this title.

(c) When such sheriff or other officer has sold real estate by virtue of execution process, such officer shall, in his or her return to such process, expressly show to what lien or liens the money arising from the sale has been applied, and how much has been applied to each lien, as provided by § 4756 of this title.
10 Del. C. § 3702 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3702
§ Â
        3702. Death of party.
Status: in_force

Upon the death of one or more of several plaintiffs or defendants in an action, wherein the cause of action survives, such action shall not abate, but may be prosecuted by or against the surviving plaintiff, or defendant.
10 Del. C. § 7503 — Delaware Code / Title 10 / Chapter 75 / Section 7503
§ Â
        7503. Judgment for less than penalty; security for further damages.
Status: in_force

A recognizance, bond, or penal sum, shall not be extinguished by a judgment in an action thereon, if for a sum as debt less than the penalty, but shall remain as a security for any damages sustained, or to be sustained on occasion of other breaches. For the recovery of such damages, actions may be instituted from time to time upon such recognizance, bond, or penal sum.
10 Del. C. § 9565 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9565
§ Â
        9565. Indexing of dockets.
Status: in_force

The indexing of the judgment and execution dockets shall be as prescribed by the Chief Magistrate.
10 Del. C. § 7129 — Delaware Code / Title 10 / Chapter 71 / Section 7129
§ Â
        7129. Contempt.
Status: in_force

(a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense.

(b) In case of the violation of any abatement or closing order granted under this chapter, or the commission of any contempt of court in proceedings under this chapter, the Court may summarily try and punish the offender.

(c) The proceeding shall be commenced by filing in the pending action with the prothonotary’s office a motion for a rule to show cause pursuant to Superior Court Civil Rule 64.1, accompanied by an affidavit showing service on the defendant and setting forth the facts constituting the violation. The Court shall thereupon cause a subpoena to issue under which the defendant shall be required to appear and defend the allegations. The hearing shall be oral before the Court, unless otherwise ordered by the Court and either party may demand the production and oral examination of the witnesses.

(d) A party found guilty of contempt under this chapter shall be fined not less than $500 nor than $10,000, or imprisoned not less than 3 months nor more than 1 year, or both. In addition, the court may impose an order of restitution or other conditions as the Court deems appropriate.
10 Del. C. § 105 — Delaware Code / Title 10 / Chapter 1 / Subchapter I / Section 105
§ Â
        105. Payment of expenses.
Status: in_force

The payment of the compensation of the Clerk and all other persons appointed or employed by the Court or any Justice thereof under the provisions of subchapter II of this chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Justices and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the Supreme Court.
10 Del. C. § 9560 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9560
§ Â
        9560. Failure to pay over proceeds from execution.
Status: in_force

If any sheriff, or constable, levies or receives any sum of money by virtue of an execution issued by a justice of the peace, and does not pay such proceeds on demand to the person entitled to receive them, he or she shall pay to such person at the rate of 20 percent per annum from the time of such demand, to be added to the sum so levied, or received, in any suit brought for its recovery.
10 Del. C. § 2804 — Delaware Code / Title 10 / Chapter 28 / Section 2804
§ Â
        2804. Location.
Status: in_force

In the counties of this State there shall be at least the following number of justice of the peace constables:
10 Del. C. § 7103 — Delaware Code / Title 10 / Chapter 71 / Section 7103
§ Â
        7103. Definitions.
Status: in_force

As used in this chapter, unless the context indicates differently:

(1) “Adverse impact” means the presence of 1 or more of the following conditions:

a. Diminished real property value related to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances in or near the property;

b. Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to the presence of nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

c. Increased volume of vehicular and pedestrian traffic to and from the property that is related to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

d. An increase in the number of police calls to the property that are related to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

e. Bothersome solicitations or approaches by persons wishing to engage in prostitution or to sell controlled substances or drug paraphernalia on or near the property;

f. The presence, use, or display or discharge of illegal firearms or projectile weapons at or near the property;

g. Investigative purchases of controlled substances or drug paraphernalia, or investigative actions relating to prostitution by undercover law-enforcement officers at or near the property;

h. Arrests of persons on or near the property for criminal conduct relating to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

i. Search warrants served or executed at the property relating to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

j. A substantial number of complaints made to law-enforcement and other government officials regarding nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

k. Increased number of housing or health code violations relating to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

l. Any other impact the Court deems to be relevant and consistent with safeguarding the public health, safety, and welfare of the community.

(2) “Controlled substance,” “manufacture,” “distribution,” “sale,” “trafficking,” and “possession with intent to sell or distribute” shall have the same meaning as those terms are used in Chapter 47 of Title 16.

(3) “Court” means the Superior Court of the State of Delaware.

(4) “Criminal gangs” means any criminal street gangs or youth gangs as defined in §§ 616-617 of Title 11. “Pattern of criminal gang activity” shall have the same meaning as defined in § 616(a)(2) of Title 11.

(5) “Criminal nuisance” means any real property at which:

a. An illegal drug event has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

b. The illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, storing or delivery of ammunition, firearms, or projectile weapons has occurred, or any act or acts which constitute any felony set forth in subpart E of subchapter VII of Chapter 5 of Title 11 or an unlawful attempt or conspiracy to commit such an act; or

c. Prostitution is promoted, facilitated or permitted in violation of §§ 1342-1344 and 1351-1356 of Title 11; or

d. Criminal gangs are engaging in a pattern of criminal gang activity; or

e. An act that would constitute a violent felony, as defined by § 4201(c) of Title 11, has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

f. A material annoyance, inconvenience, discomfort, or a tangible injury occurs to neighboring properties or persons, and which a court considers objectionable under the circumstances, or any other public nuisance defined by state or municipal codes or Delaware law.

(6) “Firearm” shall have the same meaning as that term is used in § 222 of Title 11. “Ammunition” shall have the same meaning as that term is used in § 1448(c) of Title 11.

(7) “Illegal drug events” means the unlawful manufacture, distribution, trafficking, sale or possession with intent to distribute, sell or deliver a controlled substance, or any act or acts which constitute any felony set forth in Chapter 47 of Title 16, or an unlawful attempt or conspiracy to commit such an act.

(8) “Landlord” shall have the same meaning as that term is defined in § 5141 of Title 25.

(9) “Owner” means any person in whom is vested the ownership and title of property, and who is the owner of record. “Owner” shall include any local, city, county, state or federal governmental entity.

(10) “Person” means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality.

(11) “Place,” “site” or “premises” includes any building, structure, erection, or any separate part or portion thereof, whether used as a residence, for commercial purposes or a house of worship, or the ground itself.

(12) “Projectile weapon” means as defined in § 222 of Title 11.
10 Del. C. § 6307 — Delaware Code / Title 10 / Chapter 63 / Section 6307
§ Â
        6307. Uniformity of interpretation.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
10 Del. C. § 3509 — Delaware Code / Title 10 / Chapter 35 / Section 3509
§ Â
        3509. Proceedings against garnishees.
Status: in_force

If any garnishee, duly summoned shall not appear as required, the garnishee may be compelled, by attachment, to appear and answer or plead. The plaintiff may be compelled to pay a fee to the garnishee in such amount as may be fixed from time to time by rule of the Superior Court.

An employer shall not dismiss an employee because the employer was summoned as garnishee for the employee.
10 Del. C. § 7382 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7382
§ Â
        7382. Appointment and duties of appraisers.
Status: in_force

Upon the filing of the inventory and affidavit required by § 7381 of this title, the Court of Chancery shall appoint 2 disinterested and competent persons to appraise the estate assigned, who shall, after being duly sworn or affirmed by some person having authority to administer oaths, to perform their duties with fidelity, forthwith proceed to make an appraisement of the estates and effects assigned, according to the best of their judgment, and having completed the same, shall return the inventory and appraisement to the office of the Register in Chancery of the county in which the inventory of the assignee and the affidavit accompanying the same were filed. The appraisers shall receive the same compensation as is now allowed by law to appraisers of the estate of a decedent.
10 Del. C. § 5064 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5064
§ Â
        5064. Award of levari facias when county line divides land.
Status: in_force

The writ of levari facias awarded upon any judgment for the sale of any such tract, as mentioned in § 5062 of this title, shall be directed to the sheriff of the county wherein the judgment was given. The sheriff shall proceed in the same manner as is prescribed in other cases of the sale of lands upon such execution process, and may on the writ sell the tract of land in the whole, and altogether at one and the same time, and make return thereof to the court out of which the writ is issued. Upon confirmation of such sale by the court the sheriff shall make a deed to the purchaser conveying the whole as fully as if the same had been wholly situated in his or her bailiwick. Any deed so made shall be recorded in each of the counties in which the land is situated. Notice of any such sale shall be set up in at least 5 of the most public places in each of the hundreds in which the land or any part thereof is located.
10 Del. C. § 916 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 916
§ Â
        916. Assignment of retired Commissioners to active duty.
Status: in_force

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

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

(2) Assents to such designation; and

(3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to: the private practice of law; the holding of any state office; or employment by the State in any capacity.

(b) Any retired Commissioner 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 Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge.

(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other Court funds approved to be expended for this purpose.
10 Del. C. § 525 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 525
§ Â
        525. Court reporters.
Status: in_force

The Superior Court may from time to time employ such number of skilled court reporters and other employees, as may be necessary to create a verbatim record for the proper operation of the Court. The duties of these employees shall be to attend all sessions of the Superior Court in the several counties and such hearings before any Judge or judicial officers thereof, as may be required, to create a verbatim record of all evidence, opinions and other matters as the Superior Court may require and to perform such other duties as the Superior Court may prescribe. These employees shall receive such compensation as the Court shall from time to time determine. Before entering upon the duties to create the court record, every employee under this section shall take and subscribe the oath of office as required by the Delaware Constitution.
10 Del. C. § 9531 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9531
§ Â
        9531. Depositions of nonresidents.
Status: in_force

(a) In an action under this subchapter, if it appears, by affidavit, that there is a material witness residing out of the county, whose attendance it is not practicable to procure, the justice may make a rule that such witness’s deposition be taken before a justice of the peace sitting in the county in which the witness resides.

(b) Unless it is otherwise agreed, the party applying for a rule that a deposition be taken shall file in writing all the questions to be put to the witness, giving at least 4 days’ notice to the other party, who may file other questions.

(c) The justice shall forward a copy of the rule and the questions to the justice of the peace selected with a copy of this section.

(d) The deposition shall be taken in writing, signed by the witness, certified by the justice of the peace selected, and sent, sealed up, to the justice.

(e) The witness shall first be sworn, or affirmed, by the justice of the peace selected, to answer the questions truly. Neither party shall be present at the taking the deposition, and no questions shall be put but those sent by the justice.
10 Del. C. § 4907 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4907
§ Â
        4907. Fees.
Status: in_force

The fees for the service of the freeholders, in making the valuation required by this chapter, shall be the same as are allowed by law to referees before justices of the peace, and the fees to the officer serving the notices shall be the same as are allowed by law for summoning referees before justices of the peace, and shall form a part of the costs of the case upon which the officer is proceeding to make the sale.
10 Del. C. § 7387 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7387
§ Â
        7387. Void preferences of creditors.
Status: in_force

Whenever any person, in contemplation of insolvency or in contemplation of taking the benefit of any of the insolvent laws of this State, makes an assignment of his or her estate or effects for the benefit of creditors, and by such assignment, either under its provisions or otherwise, prefers any creditor to others, or in or by such assignment, secures or pays to any creditor a greater proportion of his or her debt or demand than shall be secured or paid to all his or her creditors, every such assignment so giving a preference shall be deemed fraudulent and absolutely void, and the estate or effects contained therein shall be liable to be taken in execution, or attached, for the payment of such assignor’s debts, as fully as if no such assignment had been made; and whoever makes such fraudulent assignment shall forever be deprived of the benefit of any insolvent law of this State.
10 Del. C. § 2902A — Delaware Code / Title 10 / Chapter 29 / Section 2902A
§ Â
        2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.
Status: in_force

Notwithstanding any state or local law, statute, ordinance or regulation to the contrary, no warrant to search any house, building, structure, place, conveyance or thing located in Sussex County shall be issued except upon probable cause supported by oath or affirmation as required by article I, § 6 of the Delaware Constitution of 1897.
10 Del. C. § 5702 — Delaware Code / Title 10 / Chapter 57 / Section 5702
§ Â
        5702. Jurisdiction; applications; venue; statutes of limitations.
Status: in_force

(a) Jurisdiction of the Court; applications to the Court. — The term “Court” means the Court of Chancery of this State, except where otherwise specifically provided. The making of an agreement described in § 5701 of this title specifically referencing the Delaware Uniform Arbitration Act [§ 5701 et seq. of this title] and the parties’ desire to have it apply to their agreement confers jurisdiction on the Court to enforce the agreement under this chapter and to enter judgment on an award thereunder, except as provided in § 5718 of this title. Action shall be commenced by an initial complaint and shall be heard in the manner and upon the notice provided by law or rule of court on any civil action. Notice of an initial complaint shall be served in the manner provided by law for the service of summons in an action.

(b) Venue. — An initial complaint shall be made to the Court with the Register in Chancery in and for the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the complaint shall be filed with the Register in Chancery in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this State, to the Register in and for any county. All subsequent pleadings or applications for an order made under this chapter shall be filed in the Court hearing the initial complaint unless the Court otherwise directs.

(c) Court of Chancery jurisdiction over arbitration-related disputes in cases not governed by the Delaware Uniform Arbitration Act. — Unless an arbitration agreement complies with the standard set forth in subsection (a) of this section for the applicability of the Delaware Uniform Arbitration Act, any application to the Court of Chancery to enjoin or stay an arbitration, obtain an order requiring arbitration, or to vacate or enforce an arbitrator’s award shall be decided by the Court of Chancery in conformity with the Federal Arbitration Act [9 U.S.C. § 1 et seq.], and such general principles of law and equity as are not inconsistent with that Act. In such cases, the other provisions of this Delaware Uniform Arbitration Act are without standing and cases shall be adjudicated in accordance with the Court of Chancery’s Rules of Procedure.

(d) Jurisdiction of the Court of Common Pleas. — Notwithstanding anything to the contrary in this Chapter 57 of this title, the term “Court” in this chapter shall refer to the Court of Common Pleas with respect to all actions arising from an arbitration agreement in or relating to a contract to provide consumer credit, and the making of such an agreement to arbitrate issues arising from the extension of consumer credit shall confer jurisdiction on the Court of Common Pleas, and not the Court of Chancery, to enforce the agreement and to enter judgment on an award. Any action brought under this Chapter 57 of this title relating to an agreement to arbitrate issues arising from the extension of consumer credit filed in the Court of Chancery shall not therefore be dismissed, but shall be transferred to the Court of Common Pleas for resolution there as though filed originally in that Court.
10 Del. C. § 3922 — Delaware Code / Title 10 / Chapter 39 / Section 3922
§ Â
        3922. Destruction of property by minors; recovery of damages from parents.
Status: in_force

Any municipal corporation, county, town, school district and agency of the State or any person, partnership, corporation or association, or any religious organization whether incorporated or unincorporated, shall be entitled to recover damages in an appropriate civil action in an amount not to exceed $10,000 in a court of competent jurisdiction from the parents or guardians of any minor under the age of 18 years, living with the parents, who shall intentionally or recklessly destroy or damage property, real, personal or mixed, belonging to such municipal corporation, county, town, school district or agency of the State, or person, partnership, corporation or association or religious organization.
10 Del. C. § 3507 — Delaware Code / Title 10 / Chapter 35 / Section 3507
§ Â
        3507. Foreign attachment against foreign corporations.
Status: in_force

A writ of foreign attachment may be issued against any corporation, aggregate or sole, not created by or existing under the laws of this State upon proof satisfactory to the court that the defendant is a corporation not created by, or existing under the laws of this State, and that the plaintiff has a good cause of action against the defendant in an amount exceeding $50.
10 Del. C. § 3503 — Delaware Code / Title 10 / Chapter 35 / Section 3503
§ Â
        3503. Public officers and employees subject to attachment and garnishment.
Status: in_force

(a) The attachment laws of this State shall apply to employees of the State, or of any county, district or municipality with the same force and effect as they apply to other individuals. Any officer of the State, or of any county, district or municipality, whose duty it is to pay such employees compensation from funds of the State, county, district or municipality for any services rendered by such employees to the State, county, district or municipality may be summoned to appear and answer as other garnishees are required to do.

(b) The term “employee” as used in subsection (a) of this section includes any and every person performing any and every form of labor and work for the State, county, district or municipality for compensation.
10 Del. C. § 3918 — Delaware Code / Title 10 / Chapter 39 / Section 3918
§ Â
        3918. Recognizance of applicant for certiorari to justice of the peace.
Status: in_force

(a) On the issuing of a writ of certiorari to a justice of the peace, the party applying therefor, shall enter into a recognizance to the defendant in a reasonable penalty, and with sufficient surety to be approved by the prothonotary with condition to be void if the plaintiff therein prosecutes the writ to effect and pays the condemnation money and all costs, or otherwise abide the judgment of the Superior Court in the case if he or she fails to make his or her plea good.

(b) The recognizance shall be entered by the prothonotary in the docket where the certiorari is entered, and a note of the recognizance having been taken, shall be indorsed on the writ, or the justice shall not obey it.

(c) No further surety shall be required, although other writs may be issued to complete the record; but the Court may order better security.
10 Del. C. § 7326 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7326
§ Â
        7326. Abatement of actions pending at assignment.
Status: in_force

No action or proceeding of the petitioner at law, or in equity, shall be abated by the assignment, but such action or proceeding may be continued and execution may be issued on any judgment recovered by the petitioner, as if no such deed of assignment had been executed. Such action, proceeding, or execution shall be for the use or benefit of the trustee or trustees, or the survivors or survivor of them, or the executors or administrators of such trustee or survivor.
10 Del. C. § 9583 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9583
§ Â
        9583. Issuance of writ; affidavit.
Status: in_force

(a) A justice shall issue a writ of attachment on an affidavit made and filed by the plaintiff, or any credible person for the plaintiff, that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $25,000, and any of the following apply:

(1) The defendant has absconded.

(2) The individual believes that the defendant is about to remove the defendant’s person or the defendant’s effects out of the State, with intent to defraud the defendant’s creditors.

(3) The defendant intentionally conceals the defendant’s person, so that process of summons cannot be served on the defendant.

(4) The defendant is a nonresident of the State.

(b) A justice must issue a writ of attachment if all of the following apply:

(1) The affidavit under subsection (a) of this section provides specific facts demonstrating the validity of the debt and for believing that a situation under paragraphs (a)(1) through (a)(4) of this section exists.

(2) The plaintiff provides, at the time of filing, a cash bond in the amount of $100.

(c) The cash bond under paragraph (b)(2) of this section is conditioned that if the suit is not prosecuted with effect, or if the judgment rendered in the suit is in favor of a defendant, the plaintiff will pay any and all costs which may be awarded to a defendant, together with any and all damages, not exceeding the amount of the bond, which a defendant in the suit may have sustained by reason of such attachment, the remainder, if any, to be returned to the plaintiff when judgment is rendered.
10 Del. C. § 4903 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4903
§ Â
        4903. Head of family exemption.
Status: in_force

Every person residing in this State, and being the head of a family, shall have exempt from execution or attachment process, in addition to the exemptions in § 4902 of this title, other personal property not exceeding $500, the articles to be selected by the debtor. The exemptions in this section shall not apply to goods or chattels of a merchantable character bought to be sold and trafficked in by the person in the prosecution of the person’s regular business or occupation. No person shall have exempt from execution or attachment process any personal property, excepting that which is expressly exempted by § 4902 of this title when such exemption would prevent the collection according to law of any debt or claim that may be due or growing due for labor or services (other than professional services) rendered by any clerk, mechanic, laborer, or other employee of any person or persons against whom such execution or attachment process may be issued.
10 Del. C. § 1049C — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049C
§ Â
        1049C. Nonjudicial enforcement of order.
Status: in_force

Pursuant to the provisions of § 1046 of this title, a law-enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this State. Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order.
10 Del. C. § 9589 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9589
§ Â
        9589. Dissolution of attachment.
Status: in_force

(a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff’s demand and satisfy any judgment rendered against debtor in such suit, the attachment shall be dissolved, and the cause proceed as in other cases.

(b) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and contests the attachment, the justice shall immediately conduct an ex parte post-deprivation hearing on the seizure of the debtor’s wages if the justice then determines that there no longer exists a factual basis demonstrating the need for the writ, the attachment shall be dissolved, and the cause proceed as in other cases.

(c) If the original debtor appears for trial, the attachment shall be dissolved, and the cause proceed as in other cases.

(d) In cases not falling within subsection (a), (b) or (c) of this section, the attachment shall, in any event, be dissolved, and the cause proceed as in other cases, 30 days from the date on which the writ of attachment issued.
10 Del. C. § 7703 — Delaware Code / Title 10 / Chapter 77 / Section 7703
§ Â
        7703. Emergency hearings.
Status: in_force

(a) A law-enforcement officer may request an emergency lethal violence protective order by filing an affidavit or verified petition in Justice of the Peace Court that does both of the following:

(1) Alleges that respondent poses an immediate and present danger of causing physical injury to self or others by controlling, purchasing, owning, possessing, controlling, purchasing, having access to, or receiving a firearm or projectile weapon.

(2) Identifies the location of a firearm or projectile weapon it is believed that the respondent currently owns, possesses, has access to, or controls.

(b) The following procedures govern an emergency proceeding:

(1) The Justice of the Peace Court shall hear a request for an order under this section within 24 hours of the filing of the affidavit or verified petition.

(2) The law-enforcement officer has the burden of demonstrating by a preponderance of the evidence that a respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm or projectile weapon.

(3) The respondent does not have the right to be heard or to notice that the law-enforcement officer has sought an order under this section.

(c) The Justice of the Peace Court may adopt additional rules governing proceedings under this section.

(d) If the Justice of the Peace Court finds by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm or projectile weapon, the Court shall issue an emergency lethal violence protective order requiring the respondent to relinquish to a law-enforcement agency receiving the Court’s order a firearm, projectile weapon, or ammunition owned, possess, or controlled by the respondent. The Court may also do any of the following through its order:

(1) Prohibit the respondent from residing with another individual who owns, possesses, or controls a firearm, projectile weapon, or ammunition. Nothing in this section may be construed to impair the rights, under the Second Amendment to the United States Constitution or Article I, § 20 of the Delaware Constitution, of an individual who is not subject to the Court’s order.

(2) 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.

(e) The Justice of the Peace Court shall direct that an emergency lethal violence protective 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 deemed to have been inadequate. The Court shall give a certified copy of the order to the law-enforcement officer after the hearing and before the petitioner leaves the courthouse.

(f) If the Justice of the Peace Court issues an emergency lethal violence protective order under this section, the Superior Court must hold a full hearing in compliance with § 7704 of this title within 15 days. The Justice of the Peace Court or the Superior Court may extend an emergency order as needed to effectuate service of the order or where necessary to ensure the protection of the respondent or others, but the duration of the order may not exceed 45 days.
10 Del. C. § 5402 — Delaware Code / Title 10 / Chapter 54 / Section 5402
§ Â
        5402. 
                  @*@*Evans v. State@*END@*
                  @*bold@* [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@*END@*
Status: in_force

Based on the findings set forth in § 5401 of this title and in recognition that the Delaware Constitution vests authority and sole responsibility for lawmaking in the General Assembly, the General Assembly asserts its right and prerogative to be the ultimate arbiter of the intent, meaning, and construction of its laws and to vigorously defend them; therefore, the members of the General Assembly declare that the decision of the Delaware Supreme Court in the case of Evans v. State, 2004 WL 2743546 (Del. Supr.), is null and void. Because the Court’s order in Evans v. State has not yet been put into effect, the sentence of any prisoner who may have been affected by the order, had it gone into effect, is deemed to be uninterrupted and is not subject to an ex post facto attack.
10 Del. C. § 3908 — Delaware Code / Title 10 / Chapter 39 / Section 3908
§ Â
        3908. Judgments by confession; warrant of attorney.
Status: in_force

No complaint shall be necessary nor shall any cognovit be required for the confession of any judgment. Every warrant of attorney authorizing the confession of judgment, whether after complaint or otherwise, shall be taken to authorize such confessions without the filing of any such complaint; except as provided in § 2306 of this title.
10 Del. C. § 562 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 562
§ Â
        562. Writs.
Status: in_force

The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of the Court, or otherwise as the particular case may require.
10 Del. C. § 4508 — Delaware Code / Title 10 / Chapter 45 / Section 4508
§ Â
        4508. Completion of juror qualification form.
Status: in_force

(a) Prospective jurors shall be selected randomly from the source list for placement on a master list from time to time as needed.

(b) The clerk shall mail a juror qualification form to persons whose names are on a master list with instructions to provide the information sought. The juror qualification form shall contain a declaration that the responses are true to the best of the prospective juror’s knowledge, and acknowledgement that a false statement therein may be punished by a fine or imprisonment, or both. If the prospective juror is unable to fill out the form, another person may do it and shall indicate that fact and the reason therefor. If it appears that there is an omission, ambiguity or error in the information provided, the clerk shall instruct the prospective juror to make the necessary addition, clarification or correction.

(c) Any person who fails to provide information sought as instructed shall be directed to appear forthwith before the clerk to fill out the juror qualification form. Any person who fails to appear as directed may be ordered by the Court to appear and show cause for failure to do so.

(d) At the time of appearance for jury service, or at the time of any interview before the Court or clerk, any prospective juror may be required to fill out another juror qualification form in the presence of the Court or clerk, at which time the prospective juror may be questioned, but only with regard to responses to questions contained on the form and grounds for disqualification, excuse or exclusion. Any information thus acquired by the Court or clerk shall be noted on the juror qualification form.
10 Del. C. § 1063 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1063
§ Â
        1063. Proceedings; privacy, informality.
Status: in_force

(a) All proceedings before the Court and all records of such proceedings may be private except to the extent that the Court may consider publication in the public interest except as provided below in subsection (b) of this section; provided, however, that proceedings in a crime classified as a felony shall be open to the public. Proceedings may, within the Court’s discretion, be informal, but shall be consistent with decorum and the law.

(b) All records concerning any child shall be made available to the Superior Court and the Department of Services for Children, Youth and Their Families, and whenever a child is arrested, convicted or acquitted for a crime classified by Title 11 as a felony, or a class A misdemeanor for juveniles ages 13 through 17, the Clerk of the Family Court, or any state or local police authority, shall release the name and address of the child and the name of the child’s parents upon request by a responsible representative of public information media.
10 Del. C. § 9544 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9544
§ Â
        9544. Six months stay of execution.
Status: in_force

(a) Upon every judgment given by the Court against a freeholder of the county, for a sum exceeding $5.00, besides costs, there shall, upon the application of the defendant within 5 days thereafter, be a stay of execution for 6 months, unless a creditor in the judgment, or other credible person, makes and files an affidavit before the justice “that he or she has good ground to apprehend and does verily believe that if the stay of execution be allowed, the sum due by the judgment will be lost”; upon which execution may forthwith issue.

(b) If any of several defendants in such judgment is a freeholder of the county, the provisions of subsection (a) of this section shall apply.
10 Del. C. § 2320 — Delaware Code / Title 10 / Chapter 23 / Section 2320
§ Â
        2320. Dower record.
Status: in_force

In suits for dower, the prothonotary shall record all the proceedings in books kept for that purpose exclusively.
10 Del. C. § 1323 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1323
§ Â
        1323. Causes transferred from Superior Court.
Status: in_force

The Court shall have jurisdiction to receive, hear, try and dispose of all such arguments, cases, matters and business as, by a certificate of a Judge of the Superior Court, may be assigned to it, pursuant to the rules of the Court made for that purpose, provided they come within the jurisdiction of the Court.
10 Del. C. § 7113 — Delaware Code / Title 10 / Chapter 71 / Section 7113
§ Â
        7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence.
Status: in_force

(a) An action, when brought under this chapter, shall be noticed for trial at a time to be fixed by the Superior Court.

(b) In the action evidence of the general reputation of the place, or an admission, or finding of guilt of any person under the criminal laws at any such place, shall be admissible for the purpose of proving the existence of the criminal nuisance, and shall be prima facie evidence of such criminal nuisance and of knowledge of and of acquiescence and participation therein on the part of the person charged with maintaining the criminal nuisance as defined in this chapter.

(c) If the existence of the criminal nuisance is established upon the trial, the Court shall grant permanent abatement relief which perpetually prohibits the defendants and any other person from further maintaining the criminal nuisance at the place complained of, and the defendants from maintaining such criminal nuisance elsewhere within the State and shall issue such other orders as are necessary to abate the criminal nuisance and to prevent to the extent reasonably possible the recurrence of the criminal nuisance. The Court’s order may include, but need not be limited to all of the following:

(1) Directing the sheriff or other appropriate agency to seize and remove from the premises all material, equipment and instrumentalities used in the creation and maintenance of the criminal nuisance, and directing the sheriff to sell the property in the manner provided for the sale of property under execution in accordance with the general rules of civil procedure. The net proceeds of any such sale, after the deduction of all lawful expenses involved, shall be paid pursuant to § 7114 of this title.

(2) Authorizing the plaintiffs, subsequent to an order granting plaintiffs the right to seize the property in question, to make repairs, renovations and construction and structural alterations or to take such other actions necessary to bring the premises into compliance with all applicable housing, fire, zoning, health and safety codes, ordinances, rules, regulations or statutes. Such repairs, renovations or construction shall only be undertaken after the appropriate regulatory agency has first inspected the property in question, determined that code, ordinance or statutory violations exist and has reported same to the Court. If no order of seizure is granted and the owner or owners of the property remain in possession, the Court may order said owner or owners to make the appropriate repairs as set forth herein following the inspection and determination of violations by the appropriate regulatory agency. Expenditures by the plaintiffs pursuant to this paragraph may be filed as a lien against the property.

(3) Directing the closing of the premises, or appropriate portion thereof, to the extent necessary to abate the criminal nuisance, and directing the officer or agency enforcing the closure order to post a copy of the judgment and a printed notice of such closing order conforming to the requirements of § 7111 of this title. The closing directed by the judgment shall be for such a period of time as the Court may direct but, subject to the provisions of § 7121 of this title, shall not be for a period of more than 1 year from the posting of the judgment provided for in this subsection.

(4) Suspending or revoking any business, operational, rental or liquor license.

(5) Suspending or revoking any lease.

(6) Ordering the suspension of any state, city or local governmental subsidies payable to the owners of the property, such as tenant assistance payments to landlords, until the criminal nuisance is satisfactorily abated.

(7) Appointing a temporary receiver to manage or operate the premises for such a time as the Court deems necessary to abate the nuisance. A receiver appointed pursuant to this section shall have such powers and duties as the Court shall direct, including but not limited to:

a. Collecting, holding and dispersing the proceeds of all rents from all tenants;

b. Leasing or renting portions of the premises involved;

c. Making or authorizing other persons to make necessary repairs or to maintain the property;

d. Hiring security or other personnel necessary for the safe and proper operation of the premises;

e. Retaining counsel to prosecute or defend suits arising from his or her management of the premises;

f. Bringing actions for summary possession of any premises; and

g. Expending funds from the collected rents in furtherance of the foregoing powers.

(8) A receiver appointed by the Court pursuant to this section or § 7111 of this title shall upon entering upon his or her duties be sworn and shall affirm faithfully and fairly to discharge the trust committed to him or her. In addition, the receiver may be required to post a bond in an amount to be fixed by the Court making the appointment, to ensure that such receiver will faithfully discharge his or her duties.

(9) If the existence of a criminal nuisance as defined in this chapter is admitted or established in an action under this chapter, the Court may, in addition to the aforementioned remedies or sanctions, order the removal from the place of the criminal nuisance all personal property and contents used in conducting the criminal nuisance and not already released under authority of the Court as provided in § 7111 of this title, and shall further direct the sale of such thereof as belong to the defendants notified or appearing, in the manner provided for the sale of chattels under execution.

(d) Owners of unsold personal property and contents so seized must appear and claim same within 10 days after such order of abatement is made. The burden shall be on the owner to show, to the satisfaction of the Court, lack of any knowledge of the use thereof, and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence be so established, such unsold personal property and contents shall be delivered to the owner; otherwise it shall be sold as provided in this chapter.

(e) If any person breaks and enters, or uses a place so directed to be closed, that person shall be punished as for contempt as provided in this chapter.

(f) For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as that officer would for levying upon and selling like property on execution, and for closing the place and keeping it closed, a reasonable sum shall be allowed by the Court.

(g) The Court may impose any or all of the foregoing remedies in combination with each other.
10 Del. C. § 913 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 913
§ Â
        913. Masters; appointment; duties; review.
Status: in_force

(a) The Chief Judge, after consultation with other Judges on the Court, may appoint, commission, set salaries for and discharge Masters in the Court. A Master, at the time of appointment and thereafter, shall be a suitable person who has been a resident of the State for at least 5 years immediately preceding the appointment. The salaries so set shall be a part of the annual budget of the Court and shall reflect the experience and time commitment of the person appointed to such office.

(b) The Court as to all cases in a class or type of proceeding designated in the Court Rules, or the Chief Judge as to any individual case or proceeding, may direct that a hearing be held in the first instance by a Judge or Master; except, however, a Master shall not conduct adult bail and juvenile detention hearings or any hearings involving charges against juveniles which are classified as felonies when committed by an adult. The Department of Justice with respect to all other delinquency and adult misdemeanor charges, shall have the discretion, unless it has entered an appearance, whether to participate in delinquency and adult misdemeanor proceedings assigned by the Court to a Master, or, within a reasonable time, to transfer any delinquency or adult misdemeanor matter for consideration by a Judge.

(c) Masters shall regulate all of the proceedings in every hearing before them. All proceedings before Masters shall be recorded. Masters shall have full authority to order the issuance of legal process to compel the attendance of necessary parties and witnesses; to administer oaths in the discharge of their official duties; to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sanctions except incarceration, subject at all times to the revision and control of the Court.

(d) (1) At the end of any hearing or within a reasonable time thereafter, a Master shall enter the order in writing which shall announce the result and provide an explanation therefor. Every written order by a Master shall inform all parties that, as provided in this section, there is an absolute right to a review de novo by a Judge and that in the absence of a request within 15 days for de novo review, the written order of a Master shall become enforceable by any legal means. Any party may obtain a review de novo of any Master’s written order by a Judge by filing with the Court a written request therefor within 15 days from the date of a Master’s written order; except, however, there shall be no review by a Judge in contravention of any state or federal constitutional prohibition against double jeopardy.

(2) The time period for requesting a review de novo shall not begin to run until the Master has entered the order in writing and Family Court has issued said order to the parties and attorneys. If either party has requested a new trial, reargument, or an alteration or amendment of judgment, the time period for requesting a review de novo shall not begin to run until the Master has ruled on said request in writing and Family Court has issued that ruling to the parties and attorneys. If any order or ruling is sent by mail, an additional 3 days to request a review de novo shall be allowed.

(e) Upon request for review de novo, the case shall be placed upon the calendar of the Court and treated for all purposes as if it had not been referred to a Master. Upon review de novo, unless otherwise stipulated by the parties the Court shall not admit evidence that there has been a proceeding before a Master, the nature of the Master’s written order, nor any other matter concerning the conduct or outcome of the Master’s proceeding; except, however, recorded sworn testimony and other evidence admitted at a Master’s hearing may be used as the basis for an interim order of the Court, and generally in the same manner as sworn testimony given at a deposition in the case.

(f) A request for a review de novo shall be the sole remedy of any party with respect to a Master’s written order, except for posthearing motions before the Master. A Master’s written order shall become an enforceable judgment of the Court only after the time for requesting a review de novo has expired without any such request. A judgment derived from a Master’s written order shall have the same force and effect as any other judgment of the Court, except that it shall not be subject to appeal.

(g) The Court may adopt appropriate and specific rules to effectuate the intent and purpose of these statutory provisions relating to Masters.
10 Del. C. § 4985 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4985
§ Â
        4985. Discharge of liens upon execution sale; exceptions.
Status: in_force

Real estate sold by virtue of execution process shall be discharged from all liens thereon against the defendant, or against one or more of the defendants, if there is more than one, whose property such real estate is, except such liens as have been created by mortgage or mortgages prior to any general liens; and with respect to such, the sale shall be a discharge to the extent to which the proceeds thereof may be legally applicable to a judgment or judgments obtained for the debt, to secure the payment of which the mortgage or mortgages respectively, if there is more than one, appear to have been given, and the real estate shall also be discharged from all right of dower and curtesy therein of any defendant in the execution.
10 Del. C. § 1981 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI / Section 1981
§ Â
        1981. Omission of satisfied liens from new indices.
Status: in_force

Whenever a new index is made under this subchapter for the records of judgments, mechanics’ liens, foreign or domestic attachments, mortgages or recognizances, the new index 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 doing.
10 Del. C. § 6906 — Delaware Code / Title 10 / Chapter 69 / Section 6906
§ Â
        6906. Award and service of writ.
Status: in_force

(a) The court or judge, to whom an application under this chapter is made, shall, without delay, under penalty of $1,000 to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer or person in whose custody the prisoner is detained, returnable forthwith before such court or judge.

(b) The writ may be served by anyone who will do the service.
10 Del. C. § 1903 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1903
§ Â
        1903. Change of location for sickness or other cause.
Status: in_force

The Justices of the Supreme Court, the Chancellor and Vice-Chancellors and the Judges of the Superior Court, and the judge or judges of any other court, as the case may be, may, on account of the prevalence of contagious diseases or epidemics, or for other sufficient cause, appoint a different place for holding a term of their respective courts, and may make all necessary rules and orders to effect any such temporary change, and for the return of process, and the continuance of proceedings.

Such temporary change may be made, in the case of the Supreme Court, to any place within this State, and, in the case of any other court referred to in this section, to any place in the county in which the court is held.
10 Del. C. § 7004 — Delaware Code / Title 10 / Chapter 70 / Section 7004
§ Â
        7004. Cause of action against the State for wrongful conviction.
Status: in_force

(a) Who may bring. —

An individual claiming wrongful conviction, or the heirs of the individual if the individual is deceased, may bring a petition for an award and other relief against the State, as set forth in this section.

(b) Filing and service. —

The petition must be filed in the Superior Court. Upon presentation of a petition, the court shall fix a time and place to hear the claim. At least 90 days prior to the time fixed for the hearing, the court shall mail notice thereof to the petitioner and to the Department of Justice. The Department of Justice may offer evidence and argue in opposition to the claim for compensation.

(c) Required showing. —

A petitioner makes a prima facie showing of entitlement to compensation under this section by establishing all of the following by a preponderance of the evidence:

(1) The petitioner was convicted.

(2) The petitioner served all or part of a sentence of incarceration or time spent in a psychiatric institution, probation, parole, or registration on the sex offender registry based on that conviction.

(3) The conviction was overturned, reversed, or vacated on direct or collateral review.

(4) One of the following occurred:

a. After the conviction was overturned, reversed, or vacated on direct or collateral appeal, the charge at issue was dismissed or the petitioner was acquitted of the charge upon retrial.

b. The petitioner entered a Robinson plea, or entered a plea of no contest, while maintaining a claim of innocence, after the conviction was overturned, reversed, or vacated on direct or collateral review when the petitioner would otherwise have been entitled to a new trial.

(5) The petitioner was not convicted of any lesser included felony arising from the same transaction as the crime for which the petitioner was originally convicted.

(6) The petitioner did not commit the crime that resulted in the conviction, or there was no crime committed.

(d) A prior finding from a court that the petitioner did not commit the crime that resulted in the conviction, or that there was no crime committed, is binding for purposes of subsection (c) of this section.

(e) Affirmative defenses. —

If the petitioner makes the showing required by subsection (c) of this section, the petitioner is entitled to an award under § 7005 of this title, unless the Department of Justice appearing in opposition to the petition establishes at least 1 of the following, by a preponderance of the evidence:

(1) That the petitioner committed the crime for which the petitioner was convicted.

(2) That the petitioner was an accomplice in the commission of the crime for which the petitioner was convicted.

(3) That the petitioner intentionally and voluntarily caused the conviction at issue by committing perjury at trial or fabricating evidence at trial, in order to prevent the conviction of the true perpetrator of the crime at issue.

(f) Hearing; admissibility. —

(1) The Court may conduct a hearing on the petition, at which the parties may introduce evidence in support of or in opposition to the petition. The parties may introduce any relevant evidence, including any of the following:

a. Any evidence that was introduced at trial.

b. The trial transcript.

c. Any relevant police or investigative report.

(2) Physical evidence no longer available due to the passage of time or destroyed pursuant to a valid evidence destruction policy or court order does not create a presumption or inference.

(3) An inference may not be drawn in any other proceeding from the grant or denial of a petition under this section.
10 Del. C. § 5710 — Delaware Code / Title 10 / Chapter 57 / Section 5710
§ Â
        5710. Award by confession.
Status: in_force

(a) When available. — An award by confession may be made for money due or to become due at any time before an award is otherwise made. The award shall be based upon a statement, verified by each party, containing an authorization to make the award, the sum of the award or the method of ascertaining it, and the facts constituting the liability.

(b) Time of award. — The award shall be made at any time within 3 months after the statement is verified and has been served upon the arbitrators or the agency or person or persons named by the parties to designate the arbitrators. Such service shall be made personally or by registered or certified mail, return receipt requested.

(c) Persons or agency making award. — The award may be made and entered on the judgment roll by the arbitrators or by the agency or person or persons named by the parties to designate the arbitrators.
10 Del. C. § 1303 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1303
§ Â
        1303. Appointment of Judges; term; vacancies; political representation; salary.
Status: in_force

(a) The Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint the Judges of the Court. Appointments, including vacancies, shall be for a term of 12 years and until their successors qualify. The Governor shall appoint 1 judge of the Court as Chief Judge of the Court to hold office during the term of his or her appointment. Nothing in this section shall affect the ability of the Chief Judge of the Court of Common Pleas to serve in that capacity for the duration of the Chief Judge’s current term of office.

(b) Each Judge shall receive a salary in accordance with the annual appropriations act.

(c) No Judge shall practice law during his or her term of office.

(d) At any time when the total number of Judges of the Court shall be an even number, not more than 1/2 of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of 1 Judge shall be of the same political party.
10 Del. C. § 7506 — Delaware Code / Title 10 / Chapter 75 / Section 7506
§ Â
        7506. Installment payments, recovery of.
Status: in_force

Sections 7501-7505 of this title shall extend to an action upon a bond or specialty in a penal sum with condition for the payment of money or interest of money by installments or on different days, unless such action is commenced after all the sums, whether for principal or interest, which according to such condition can become payable, have become payable. If the action is commenced after all the sums which, according to such condition, can become payable whether for principal or interest, have become payable, or if the action be upon a bond or specialty in a penal sum with condition for the payment of money in a gross sum, judgment for the plaintiff shall be for the penalty and costs of suit, to be discharged upon the payment of the sum justly due, with interest and costs. The sum justly due shall be found by a jury, or by the court if a jury is waived, or otherwise shall be ascertained as may be agreed by the parties, or ordered by the court.
10 Del. C. § 3114 — Delaware Code / Title 10 / Chapter 31 / Section 3114
§ Â
        3114. Service of process on nonresident directors, trustees, members of the governing body or officers of Delaware corporations.
Status: in_force

(a) Every nonresident of this State who after September 1, 1977, accepts election or appointment as a director, trustee or member of the governing body of a corporation organized under the laws of this State or who after June 30, 1978, serves in such capacity, and every resident of this State who so accepts election or appointment or serves in such capacity and thereafter removes residence from this State shall, by such acceptance or by such service, be deemed thereby to have consented to the appointment of the registered agent of such corporation (or, if there is none, the Secretary of State) as an agent upon whom service of process may be made in all civil actions or proceedings brought in this State, by or on behalf of, or against such corporation, in which such director, trustee or member is a necessary or proper party, or in any action or proceeding against such director, trustee or member for violation of a duty in such capacity, whether or not the person continues to serve as such director, trustee or member at the time suit is commenced. Such acceptance or service as such director, trustee or member shall be a signification of the consent of such director, trustee or member that any process when so served shall be of the same legal force and validity as if served upon such director, trustee or member within this State and such appointment of the registered agent (or, if there is none, the Secretary of State) shall be irrevocable.

(b) Every nonresident of this State who after January 1, 2004, accepts election or appointment as an officer of a corporation organized under the laws of this State, or who after such date serves in such capacity, and every resident of this State who so accepts election or appointment or serves in such capacity and thereafter removes residence from this State shall, by such acceptance or by such service, be deemed thereby to have consented to the appointment of the registered agent of such corporation (or, if there is none, the Secretary of State) as an agent upon whom service of process may be made in all civil actions or proceedings brought in this State, by or on behalf of, or against such corporation, in which such officer is a necessary or proper party, or in any action or proceeding against such officer for violation of a duty in such capacity, whether or not the person continues to serve as such officer at the time suit is commenced. Such acceptance or service as such officer shall be a signification of the consent of such officer that any process when so served shall be of the same legal force and validity as if served upon such officer within this State and such appointment of the registered agent (or, if there is none, the Secretary of State) shall be irrevocable. As used in this section, the word “officer” means an officer of the corporation who:

(1) Is or was the president, chief executive officer, chief operating officer, chief financial officer, chief legal officer, controller, treasurer or chief accounting officer of the corporation at any time during the course of conduct alleged in the action or proceeding to be wrongful;

(2) Is or was identified in the corporation’s public filings with the United States Securities and Exchange Commission because such person is or was 1 of the most highly compensated executive officers of the corporation at any time during the course of conduct alleged in the action or proceeding to be wrongful; or

(3) Has, by written agreement with the corporation, consented to be identified as an officer for purposes of this section.

(c) Service of process shall be effected by serving the registered agent (or, if there is none, the Secretary of State) with 1 copy of such process in the manner provided by law for service of writs of summons. In addition, the prothonotary or the Register in Chancery of the court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States mails, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is being made pursuant to this section, addressed to such director, trustee, member or officer:

(1) At the corporation’s principal place of business; and

(2) At the residence address as the same appears on the records of the Secretary of State, or, if no such residence address appears, at the address last known to the party desiring to make such service;

provided, however, that if any such director’s, trustee’s, member’s or officer’s address as described in paragraph (c)(2) of this section shall be the same as the address described in paragraph (c)(1) of this section, then the prothonotary or Register in Chancery shall be required to make only 1 such mailing to such director, trustee, member or officer, at the address described in paragraph (c)(1) of this section.

(d) In any action in which any such director, trustee, member or officer has been served with process as hereinabove provided, the time in which a defendant shall be required to appear and file a responsive pleading shall be computed from the date of mailing by the prothonotary or the Register in Chancery as provided in subsection (c) of this section; however, the court in which such action has been commenced may order such continuance or continuances as may be necessary to afford such director, trustee, member or officer reasonable opportunity to defend the action.

(e) Nothing herein contained limits or affects the right to serve process in any other manner now or hereafter provided by law. This section is an extension of and not a limitation upon the right otherwise existing of service of legal process upon nonresidents.

(f) The Court of Chancery and the Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof and such other rules which may be necessary to implement this section and are not inconsistent with this section.
10 Del. C. § 1904 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1904
§ Â
        1904. Removal of records and papers in case of necessity.
Status: in_force

In case of invasion of this State, or other necessity, any 2 of the judges of the State may remove the public records and papers to a place of safety, to be returned as soon as the safety thereof will admit. The officer having custody of such records shall accompany them; and may do the business of the office at the place to which they are removed.

As used in this section, “judges” includes the Justices of the Supreme Court, the Chancellor and Vice-Chancellors, and the President Judge and the Judges of the Superior Court.
10 Del. C. § 9224 — Delaware Code / Title 10 / Chapter 92 / Section 9224
§ Â
        9224. Drug testing required.
Status: in_force

(a) The Justice of the Peace Court is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a uniformed services position, which includes those positions where qualification to carry an employer-issued firearm is a condition of employment. The following drug testing shall be authorized or required:

(1) Preemployment testing. — The Justice of the Peace Court shall not hire or employ any person without first obtaining the results of such person’s mandatory drug screening as specified in subsection (b) of this section.

(2) Random testing. — All uniformed services employees shall be subject to random testing for illegal use of the drugs specified in subsection (b) of this section.

(3) Reasonable-suspicion testing. — The Justice of the Peace Court, acting through its supervisory personnel, may also conduct a drug test based on a reasonable suspicion that a uniformed services employee is impaired by an illegal drug.

(b) Any person offered employment with the Justice of the Peace Court as a uniformed services employee shall be required to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Justice of the Peace Court. Such regulations shall require drug testing for the following controlled substances:

(1) Marijuana/cannabis;

(2) Cocaine;

(3) Opiates;

(4) Phencyclidine (“PCP”);

(5) Amphetamines;

(6) Any other controlled prescription drugs specified by the Justice of the Peace Court in the regulations promulgated pursuant to this section.

(c) Conditional offer. — Notwithstanding the provisions of this section, the Justice of the Peace Court may make a conditional offer of employment to an applicant who has submitted to the required drug screening. No person made a conditional offer of employment shall receive an official starting date until the results of their preemployment drug screen have been received. Any applicant made a conditional offer of employment shall be informed that the results of that applicant’s drug screen have been requested.

(d) The Justice of the Peace Court shall adopt policies and procedures for imposing sanctions, which may include referral to the State’s Employee Assistance Program, suspension or termination, upon any uniformed services employee who wilfully refuses to submit to random or reasonable suspicion testing or whose drug screen indicates that such person has illegally used or consumed a drug or drugs. No employee shall be sanctioned when such person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
10 Del. C. § 5805 — Delaware Code / Title 10 / Chapter 58 / Section 5805
§ Â
        5805. Appointment of arbitrator by the Court of Chancery.
Status: in_force

(a) The Court of Chancery of the State, on petition or on application of a party in an existing case, has exclusive jurisdiction to appoint 1 or more arbitrators upon:

(1) The consent of all parties to an agreement;

(2) The failure or inability of an arbitrator named in or selected under an agreement to serve as an arbitrator;

(3) The failure of an agreement to name an arbitrator or to provide a method for selecting an arbitrator;

(4) The inability of the parties to an agreement to appoint an arbitrator; or

(5) The failure of a procedure set forth in an agreement for selecting an arbitrator.

Following the petition or application, each party shall propose to the Court of Chancery no more than 3 persons that are qualified and willing to serve as an arbitrator.

(b) (1) The Court of Chancery shall, within 30 days of the service of the petition or application, appoint an arbitrator and, in so doing, may take into account:

a. The terms of an agreement;

b. The persons proposed by the parties; and

c. Reports made under § 5806(d) of this title.

(2) An arbitrator appointed by the Court of Chancery may only be:

a. A person named in or selected under an agreement;

b. A person expert in any nonlegal discipline described in an agreement; or

c. A member in good standing of the Bar of the Supreme Court of the State for at least 10 years.

An arbitrator so appointed has all the powers of an arbitrator specifically named in an agreement. Unless otherwise provided in an agreement, the Court of Chancery shall appoint a single arbitrator.
10 Del. C. § 1010 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1010
§ Â
        1010. Proceeding against child as an adult; amenability proceeding; referral to another court.
Status: repealed

(a) A child, aged 16 or older, shall be proceeded against as an adult where:

(1) The acts alleged to have been committed constitute first- or second-degree murder, rape in the first degree or rape in the second degree, assault in the first degree, robbery in the first degree (where such offense involves the display of what appears to be a deadly weapon or involves the representation by word or conduct that the person was in possession or control of a deadly weapon or involves the infliction of serious physical injury upon any person who was not a participant in the crime and where the child has previously been adjudicated delinquent of 1 or more offenses which would constitute a felony were the child charged under the laws of this State) or kidnapping in the first degree, or any attempt to commit said crimes.

(2) The child is not amenable to the rehabilitative processes available to the Court.

(3) The child has previously been adjudicated delinquent of 1 or more offenses which would constitute a felony were the child charged as an adult under the laws of this State, and has reached that child’s sixteenth birthday and the acts which form the basis of the current allegations constitute 1 or more of the following offenses: conspiracy first degree, rape in the third degree, arson first degree, burglary first degree, home invasion, § § 4752 and 4753 of Title 16 or any attempt to commit any of the offenses set forth in thisparagraph.

(4) The General Assembly has heretofore or shall hereafter so provide.

(5) Notwithstanding any in this Code to the contrary, a child over the age of 12 and under the age of 16 may be proceeded against as an adult only when they are alleged to have committed murder in the first degree, murder in the second degree, rape in the first degree, or rape in the second degree.

(6) The child would be eligible to be tried as an adult under this section and the crime or delinquent act was committed within the boundaries of a military installation, so long as concurrent juvenile legislative jurisdiction is established under § 108 of Title 29.

(b) In all cases specified in subsection (a) of this section the Court shall, upon application, hold a preliminary hearing and, if the facts warrant, thereafter refer the child to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult.

(c) (1) In determining whether a child is amenable to the rehabilitative processes of the Court, the Court shall take into consideration, among others, the following factors which are deemed to be nonexclusive:

a. Whether, in view of the age and other personal characteristics of the child, the people of Delaware may best be protected and the child may best be made a useful member of society by some form of correctional treatment which the Family Court lacks power to assign; or

b. Whether it is alleged death or serious personal injury was inflicted by the child upon anyone in the course of commission of the offense or in immediate flight therefrom; or

c. Whether the child has been convicted of any prior criminal offense; or

d. Whether the child has previously been subjected to any form of correctional treatment by the Family Court; or

e. Whether it is alleged a dangerous instrument was used by the child; or

f. Whether other participants in the same offense are being tried as adult offenders.

(2) The Court shall defer further proceedings in the Family Court and shall conduct a hearing to determine whether the child is amenable to the rehabilitative process of the Court:

a. Upon motion of the Court, whenever a child, aged 16 or older, is charged with delinquency.

b. Upon motion of the Attorney General, whenever a child has reached that child’s sixteenth birthday and is thereafter charged with being delinquent.

c. [Repealed.]

(3) Notwithstanding any provision of this section or title to the contrary, any child who has previously been declared to be nonamenable to the rehabilitative processes of the Court pursuant to this section, or who has previously been the subject of a denied application for transfer pursuant to § 1011 of this title, and who thereafter is charged with being delinquent shall be referred to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult.

If it decides that the child is amenable, it may proceed to hear the case. If it decides that the child is not amenable, it shall refer the child to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult.

(d) Notwithstanding any provisions of this title to the contrary, in any case in which the Superior Court has jurisdiction over a child, the Court shall retain jurisdiction for purposes of sentencing and all other postconviction proceedings if any judge or jury shall find the child guilty of a lesser included crime following a trial or plea of guilty or nolo contendere unless the prior Family Court order has been reversed by the Supreme Court under subsection (e) of this section.

(e) In the event the Family Court finds the child is not amenable, and the child subsequently enters a plea of guilty or nolo contendere in the Superior Court, the child shall have the right, within 30 days of their sentence, to directly appeal the finding of nonamenability and transfer to the Supreme Court. No plea may be conditioned on a child waiving the child’s right of appeal under this subsection.

(f) Notwithstanding any provision of this section or title to the contrary, when a child has reached the child’s sixteenth birthday and is thereafter charged with being delinquent by having committed any offense which would constitute a felony were the child charged as an adult under the laws of this State, said offense occurring while the child was an escapee from any Level IV or V facility operated for or by the Department of Services for Children, Youth and Their Families, upon motion of the Attorney General, or upon its own motion, the Court shall defer further proceedings in the Family Court and shall conduct a hearing to determine whether the child should be referred to the Superior Court for trial as an adult. If, at the conclusion of the hearing, the Court finds that evidence demonstrates that there is a fair likelihood that the child may be convicted of the charge or charges, it shall refer the child to the Superior Court for trial as an adult. If, at the conclusion of the hearing, the Court determines that there is no fair likelihood of conviction, the case shall remain within the jurisdiction of the Family Court, subject to all other provisions of this section and title.
10 Del. C. § 7134 — Delaware Code / Title 10 / Chapter 71 / Section 7134
§ Â
        7134. Presumptions.
Status: in_force

(a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof.

(b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of the premises involved at the time of any conduct constituting the criminal nuisance is alleged to have been committed, such evidence shall be rebuttably presumptive that such person was an agent or employee of the owner, landlord or lessee of the premises.
10 Del. C. § 6601 — Delaware Code / Title 10 / Chapter 66 / Section 6601
§ Â
        6601. Conditions to transfers of structured settlement payment rights.
Status: in_force

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction or responsible administrative authority, based on express findings by such court or responsible administrative authority that:

(1) The transfer complies with the requirements of this chapter and will not contravene other applicable law;

(2) Not less than 10 days prior to the date on which the payee first incurred any obligation with respect to the transfer, the transferee has provided to the payee a disclosure statement in bold type, no smaller than 14 points, setting forth:

a. The amounts and due dates of the structured settlement payments to be transferred;

b. The aggregate amount of such payments;

c. The discounted present value of such payments, together with the discount rate used in determining such discounted present value;

d. The gross amount payable to the payee in exchange for such payments;

e. An itemized listing of all brokers’ commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;

f. The net amount payable to the payee after deduction of all commissions, fees, costs, expenses and charges described in paragraph (2)e. of this section;

g. The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and

h. The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee;

(3) The transfer is fair and reasonable and in the best interests of the payee and the payee’s dependents;

(4) The payee has received independent professional advice regarding the legal, tax and financial implications of the transfer;

(5) If the transfer would contravene the terms of the structured settlement:

a. The transfer has been expressly approved in writing by:

1. Each interested party; provided, however, that the approval of the annuity issuer and the structured settlement obligor shall not be required if all other interested parties approve the transfer and waive any and all rights to require that the transferred payments be made to the payee in accordance with the terms of the structured settlement; and

2. Any court or government authority, other than the court or responsible administrative authority from which authorization of the transfer is sought under this chapter, which previously approved the structured settlement; and

b. Signed originals of all approvals required under paragraph (5)a. of this section have been filed with the court or responsible administrative authority from which authorization of the transfer is sought under this chapter, and originals or copies have been furnished to all interested parties; and

(6) The transferee has given written notice of the transferee’s name, address and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the court or responsible administrative authority.
10 Del. C. § 3930 — Delaware Code / Title 10 / Chapter 39 / Section 3930
§ Â
        3930. Civil action for public nuisance by firearm industry member.
Status: in_force

(a) For purposes of this section:

(1) “Firearm industry member” means a person engaged in the sale, manufacturing, distribution, importing, or marketing of a firearm-related product.

(2) “Firearm-related product” means a product that meets any of the following conditions:

a. The product was sold, made, distributed, or marketed in this State.

b. The product was intended to be sold, made, distributed, or marketed in this State.

c. The product was possessed in this State, and it was reasonably foreseeable that the product would be possessed or used in this State.

(3) “Firearm trafficker” means a person who acquires, transfers, or attempts to acquire or transfer a firearm for purposes of unlawful commerce.

(4) “Product” means a firearm; ammunition; a firearm component, including unfinished firearm frames or receivers, as defined under § 222 of Title 11; or a firearm accessory.

(5) “Public nuisance” means a condition which injures, endangers, or threatens to injure or endanger or contributes to the injury or endangerment of the health, safety, peace, comfort, or convenience of others or otherwise constitutes a public nuisance under common law.

(6) “Reasonable controls” means reasonable procedures, safeguards, and business practices that are designed to do all of the following:

a. Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product.

b. Prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member.

c. Ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product.

d. Ensure that the firearm industry member does not engage in an act or practice in violation of subchapter II or subchapter III of Chapter 25 of Title 6.

(7) a. “Straw purchaser” means an individual who conceals, or intends to conceal, from a person that the purchase of a firearm-related product is being made on behalf of a third party.

b. “Straw purchaser” does not include a bona fide gift to a person who is not prohibited by law from possessing or receiving a firearm-related product. For purposes of this paragraph (7)b., a gift to a person is not a bona fide gift if the person has offered or given the purchaser a service or thing of value to acquire the firearm-related product for the person.

(b) A firearm industry member, by conduct unlawful in itself or unreasonable under all the circumstances, may not knowingly or recklessly create, maintain, or contribute to a public nuisance through the sale, manufacturing, importing, or marketing of a firearm-related product.

(c) A firearm industry member shall establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member’s firearm-related products.

(d) A violation of subsection (b) or (c) of this section is a public nuisance.

(e) A firearm industry member’s conduct constitutes a proximate cause of the public nuisance if the harm to the public is a reasonably foreseeable effect of the conduct, notwithstanding any intervening actions, including criminal actions by third parties.

(f) Whenever it appears to the Attorney General that a firearm industry member has engaged in or is engaging in conduct in violation of this section, the Attorney General may commence an action to seek and obtain any of the following:

(1) An injunction prohibiting the firearm industry member from continuing the conduct or engaging in the conduct or doing any acts in furtherance of the conduct.

(2) An order providing for abatement of the nuisance at the expense of the firearm industry member.

(3) Restitution.

(4) Compensatory and punitive damages.

(5) Reasonable attorneys’ fees, filing fees, and reasonable costs of the action.

(6) Any other appropriate relief.

(g) (1) A person that has been damaged as a result of a firearm industry member’s acts or omissions in violation of this section may commence an action to seek and obtain any of the following:

a. Injunctive relief.

b. Compensatory and punitive damages.

c. Reasonable attorneys’ fees, filing fees, and reasonable costs of the action.

(2) If a person commences an action under paragraph (g)(1) of this section, the person shall within 5 days of filing the complaint notify the Attorney General of the filing of the complaint and provide the Attorney General with a copy of the complaint and any other documents or pleadings filed with the complaint.

(h) To prevail in an action under this section, the party seeking relief is not required to demonstrate that the firearm industry member acted with the intent to engage in a public nuisance or otherwise cause harm to the public.

(i) This section may not be construed or implied to limit or impair in any way any of the following:

(1) The right of a person to pursue a legal action under any other law, including Chapter 25 of Title 6.

(2) An obligation or requirement placed on a firearm industry member by any other law.

(j) This section must be construed and applied in a manner that is consistent with the requirements of the Delaware and the United States Constitutions.

(k) Nothing in this section is intended to restrict or alter the availability of an action for relief from or to remedy a public nuisance at common law.
10 Del. C. § 5403 — Delaware Code / Title 10 / Chapter 54 / Section 5403
§ Â
        5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].
Status: in_force

(a) Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the General Assembly in passing statutes, nor may they interpret or construe statutes and other Delaware law when the text is clear and unambiguous.

(b) Notwithstanding § 203 of Title 11, Delaware judicial officers shall strictly interpret or construe legislative intent.

(c) Delaware judicial officers shall use the utmost restraint when interpreting or construing the laws of this State.
10 Del. C. § 7374 — Delaware Code / Title 10 / Chapter 73 / Subchapter V / Section 7374
§ Â
        7374. Penalties for false swearing.
Status: in_force

Whoever, to whom an oath or affirmation is administered under subchapters I-IV of this chapter, wilfully and falsely swears or affirms, in any matter, shall be guilty of wilful and corrupt perjury, and shall forfeit all benefit under such subchapters, and shall not be permitted to plead, or insist upon the same, or to avail himself or herself thereof in any manner whatever.

The penalties prescribed by this section shall be in addition to the penalties prescribed by law for the crime of wilful and corrupt perjury.
10 Del. C. § 915 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 915
§ Â
        915. Commissioners; appointment; duties; review.
Status: in_force

(a) The Governor shall appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Family Court, all of whom shall hold office for a term of 4 years and shall be residents of the State for at least 5 years immediately preceding their appointment. Upon second and subsequent appointments and confirmations, a Commissioner of the Family Court shall hold office for a term of 6 years. An incumbent Commissioner and/or Master of the Family Court may be appointed as a Commissioner, so long as the person is duly admitted to practice before the highest court of any State of the United States. Other appointees shall be duly admitted to practice law before the Supreme Court of this State.

The number of Commissioners appointed shall not be less than 5, with at least 1 Commissioner assigned to each county.

The salaries of such Commissioners shall be part of the annual budget of the Family Court and shall reflect the educational background and experience of the appointees.

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

(c) The Chief Judge shall assign Commissioners to the several courts and shall establish a procedure for the assignment of cases to the Commissioners. Each Commissioner serving under this chapter shall have:

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

(2) The power to hear any civil case within the jurisdiction of the Family Court, as designated by the Chief Judge;

(3) The power to order the issuance of legal process to compel the attendance of necessary parties and witnesses;

(4) The power to administer oaths and affirmations, and take acknowledgements, affidavits and depositions;

(5) The power to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sections;

(6) The power to conduct juvenile detention hearings and to commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material witnesses. A Commissioner shall assess the seriousness of the charge(s), the record, the factors stated in § 1007 of this title and the best interest of the juvenile in order to determine whether the juvenile shall be detained in secure detention or placed in a nonsecure detention alternative or other alternative as stated in § 1007(b) of this title. If a Commissioner places a juvenile in secure detention, the Commissioner shall state on the record the reasons for said detention;

(7) The power to conduct adult bail hearings and to commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons who have failed to appear for a prior court hearing, either civil or criminal, or who are charged with having violated the law together with material witnesses and impose conditions pursuant to this chapter;

(8) The power to conduct all delinquency and criminal proceedings, including but not limited to, amenability hearings, arraignments, preliminary hearings, case reviews and trials;

(9) The power to accept pleas (including, but not limited to, pleas of guilty, not guilty and nolo contendere) to any offense within the jurisdiction of the Family Court and to appoint counsel to represent indigent defendants;

(10) The power to enter sentence or disposition for criminal misdemeanors, criminal violations, criminal violation of probation and criminal contempt of court, whether the person has pleaded guilty to or has been convicted of 1 or more of the above offenses or whether the person has been adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult;

(11) The power to enter sentence, including incarceration, for criminal felonies, whether the person has pleaded guilty to or has been convicted of such an offense or whether the person has been adjudicated delinquent as a result of acts which would constitute a felony if committed by an adult; and

(12) The power to impose sanctions, including incarceration, for civil contempt.

(d) A Commissioner’s order, including emergency ex parte orders, shall be an enforceable order of the Court.

(1) Any party, except a party in default of appearance before a Commissioner, may appeal a final order of a Commissioner to a judge of the Court by filing and serving written objections to such order, as provided by rules of the Court, within 30 days from the date of a Commissioner’s order. A judge of the Court shall make a de novo determination of those portions of the Commissioner’s order to which objection is made. A judge of the Court may accept, reject or modify in whole or in part the order of the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instruction.

(2) Any party, except a party in default of appearance before a Commissioner, may appeal an interim order of a Commissioner to a judge of the Court by filing and serving written objections to such order, as provided by rules of the Court, within 30 days from the date of a Commissioner’s order. A judge of the Court may reconsider any interim order of a Commissioner, where it is shown that the Commissioner’s order is based upon findings of fact that are clearly erroneous, contrary to law, or an abuse of discretion.

(e) No appeal of a Commissioner’s order shall stay execution of the order unless such stay shall be specifically ordered by a judge of the Court.

(f) A Commissioner may be assigned such additional duties by the Chief Judge as are not inconsistent with the Constitution and laws of this State.
10 Del. C. § 8117 — Delaware Code / Title 10 / Chapter 81 / Section 8117
§ Â
        8117. Defendantâs absence from State.
Status: in_force

If at the time when a cause of action accrues against any person, such person is out of the State, the action may be commenced, within the time limited therefor in this chapter, after such person comes into the State in such manner that by reasonable diligence, such person may be served with process. If, after a cause of action shall have accrued against any person, such person departs from and resides or remains out of the State, the time of such person’s absence until such person shall have returned into the State in the manner provided in this section, shall not be taken as any part of the time limited for the commencement of the action.
10 Del. C. § 6302 — Delaware Code / Title 10 / Chapter 63 / Section 6302
§ Â
        6302. Right of contribution; accrual; pro rata share.
Status: in_force

(a) The right of contribution exists among joint tortfeasors.

(b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than his or her pro rata share thereof.

(c) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

(d) When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares.
10 Del. C. § 6012 — Delaware Code / Title 10 / Chapter 60 / Section 6012
§ Â
        6012. 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. § 1801 — Delaware Code / Title 10 / Chapter 18 / Section 1801
§ Â
        1801. Short title.
Status: in_force

This chapter is known and may be cited as the “Emergency Interim Judicial Succession Act.”
10 Del. C. § 304 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 304
§ Â
        304. Salaries of Chancellor and Vice-Chancellors.
Status: in_force

The Chancellor and each Vice-Chancellor shall receive such compensation as shall be provided by law.
10 Del. C. § 7512 — Delaware Code / Title 10 / Chapter 75 / Section 7512
§ Â
        7512. Copy as evidence; production of original.
Status: in_force

(a) If any recognizance or bond, mentioned in § 7501 of this title, shall according to law be recorded or deposited in any public office, a copy of such recognizance or bond, or of the record thereof, duly certified, shall be competent evidence.

(b) Any court, for sufficient cause, may require the production of the original recognizance, bond, or record. The officer having custody thereof shall produce it as required.
10 Del. C. § 3106 — Delaware Code / Title 10 / Chapter 31 / Section 3106
§ Â
        3106. Service of capias ad respondendum.
Status: in_force

A writ of capias ad respondendum is served by arresting the defendant, but the defendant shall be discharged upon giving sufficient bail.
10 Del. C. § 9634 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9634
§ Â
        9634. Form of writ.
Status: in_force

The writ shall be of the following form:

“ County, ss. The State of Delaware.

To any constable of County.

WE COMMAND YOU to replevy and deliver to the said the following described goods and chattels forthwith to wit: of the value of dollars lawful money of the United States of America, the goods and chattels of the said , and

WE FURTHER COMMAND YOU that you act forthwith and make a return forthwith. WITNESS the hand and seal of the said justice, this day of , A. D., 20. ”
10 Del. C. § 7353 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7353
§ Â
        7353. Recognizance.
Status: in_force

The prothonotary may approve the surety and take the recognizance directed by the order issued under § 7352 of this title. The recognizance shall be joint and several.
10 Del. C. § 101 — Delaware Code / Title 10 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Place of holding Court.
Status: in_force

The Supreme Court shall be held at Dover, except in limited circumstances involving a judicial emergency under Chapter 20 of this title or when the Court determines that the education of the Bar or law students, or the public interest would be advanced by having a special session of the Court in another location.
10 Del. C. § 5716 — Delaware Code / Title 10 / Chapter 57 / Section 5716
§ Â
        5716. Judgment or decree on award.
Status: in_force

Upon the granting of an order confirming, modifying or correcting an award, except in cases where the award is for money damages, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the Court.
10 Del. C. § 1076 — Delaware Code / Title 10 / Chapter 9 / Subchapter IV / Section 1076
§ Â
        1076. HIV testing made available.
Status: in_force

A person charged with an offense pursuant to Chapter 5 of Title 11, which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing under the provisions of Chapter 12 of Title 16. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.
10 Del. C. § 4809 — Delaware Code / Title 10 / Chapter 48 / Section 4809
§ Â
        4809. Procedure for recognition of foreign-country judgment.
Status: in_force

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
10 Del. C. § 565 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 565
§ Â
        565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.
Status: in_force

In case any person forfeits recognizance of the peace, behavior, or appearance, the Superior Court shall make a record of such default or forfeiture, and issue a scire facias, or other process, for the recovery of the forfeiture. The Court may also order the Attorney General to satisfy the judgment obtained upon any forfeited recognizance of the peace, behavior, or appearance, whenever it appears to the Court that the person or persons for whose keeping of the peace, behavior, or appearance the recognizance had been given, was or had been apprehended after the forfeiture of the recognizance, and the case disposed of by the public authorities having jurisdiction thereof, or whenever the Court has presented to it such facts or conditions as, in its discretion, would warrant it in ordering the satisfaction of such judgment. When such order is made, the defendant in the judgment shall pay the costs thereof.
10 Del. C. § 4712 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4712
§ Â
        4712. Effect of extension; subsequent renewals.
Status: in_force

Immediately from and after the minuting and certifying upon the record of the original judgment, or of the testatum fieri facias, as the case may be, of the agreement for the extension of the lien thereof, or the entry of final judgment in the Superior Court in favor of the plaintiff or plaintiffs in the writ of scire facias, or the entry of final judgment in the Supreme Court restoring and continuing such lien, such lien shall continue for the further term of 10 years next thereafter unless sooner lost by final judgment of the Supreme Court. In like manner and with like effect such liens so renewed or restored and continued may, by a like agreement filed, minuted and certified upon the record of such original judgment, or of such testatum fieri facias, as the case may be, before the expiration of the extended term or by final judgment in scire facias, be again renewed or restored and continued for the further term of 10 years, and so from time to time as often as is found necessary.
10 Del. C. § 5101 — Delaware Code / Title 10 / Chapter 51 / Section 5101
§ Â
        5101. Defendant or prevailing party in law actions.
Status: in_force

In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the court.
10 Del. C. § 2506 — Delaware Code / Title 10 / Chapter 25 / Section 2506
§ Â
        2506. Duty to account for fees.
Status: in_force

The Chief Register in Chancery shall collect all fees, costs and allowances by law taxable by or payable to the Register in Chancery Office, without any deduction, abatement or remission, except fees, costs and allowances payable by the State to such Office, and shall keep in a properly indexed record an itemized account showing the amount of each fee, item of cost and allowance by law taxable by or payable to such Office, and the service for which the same was rendered or charged, the date of payment, and the name of the person paying the same.
10 Del. C. § 6114 — Delaware Code / Title 10 / Chapter 61 / Section 6114
§ Â
        6114. Deposit of award.
Status: in_force

In any condemnation case in which any final award is made to any party in interest who is unknown, is a minor, or is mentally incompetent, or is under any other legal disability, cannot be found, or resides outside of this State, or refuses to accept such award, the Court may direct that the amount of such award be deposited by the plaintiff to the credit of such party in any state or national bank having a branch or office in the county wherein the condemnation proceedings are instituted, within the periods providing for payment as set forth in § 6113 of this title, or the Court may make such other order as is appropriate and just.
10 Del. C. § 6105 — Delaware Code / Title 10 / Chapter 61 / Section 6105
§ Â
        6105. Complaint; parties.
Status: in_force

(a) A complaint under this chapter shall contain a caption as provided in Rule 10(a) of the Rules of the Superior Court, except that the plaintiff shall name as defendants the property, designated generally by kind, quantity, and location, and at least one of the owners of some part of or interest in the property.

(b) The complaint shall contain a short and plain statement of the authority for the taking, the use for which the property is to be taken consistent with § 9501A of Title 29, the compliance with § 9505(15) of Title 29, a description of the property sufficient for its identification, the interest to be acquired, and, as to each separate piece of property, a designation of the defendants who have been joined as owners thereof or of some interest therein.

(c) Upon the commencement of the action, the plaintiff need join as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the determination of compensation to be paid, the plaintiff shall add as defendants all persons having or claiming an interest in the property whose names can be ascertained by a search of the records to the extent commonly made by competent searchers of title in the vicinity in the light of the character and value of the property involved and the interest to be acquired, and also those whose names have otherwise been learned. All others may be made defendants under the designation “Unknown Owners.”

(d) Process shall be served as provided in § 6106 of this title upon all defendants, whether named as defendants at the time of the commencement of the action or subsequently added, and a defendant may answer as provided in § 6107 of this title.

(e) In the event that § 9501A(d) of Title 29 applies, then the Court shall schedule a hearing for the agency to meet its burden to establish a public use as defined in 9501A of Title 29.
10 Del. C. § 5012 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5012
§ Â
        5012. Rule to show cause; requirement.
Status: in_force

The Court of Chancery, if the sale is by its order, or the court out of which the execution issued, if the sale is by virtue of an execution, upon application of the purchaser, and oath or affirmation by the purchaser, or some credible person for the purchaser, in writing, stating a proper case for the awarding of such writ, shall grant a rule upon the defendant, or defendants, owner or owners of the premises sold, and also upon the person in possession of the premises, if any person other than the defendant is in possession, to show cause, on a day in the rule specified, why a writ of possession shall not be awarded for putting the purchaser in possession of the premises. A writ of possession shall not be issued without such rule made absolute.
10 Del. C. § 5901 — Delaware Code / Title 10 / Chapter 59 / Section 5901
§ Â
        5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, Â 5]
Status: in_force

(a) Except as provided in subsection (b) of this section, any person who desires to change such person’s name, shall present a petition, duly verified, to the Court of Common Pleas sitting in the county in which the person resides. The petition shall set forth such person’s name and the name such person desires to assume.

(b) Family Court shall have jurisdiction over a change of name:

(1) As part of divorce proceedings;

(2) As part of the establishment of paternity under the Uniform Parentage Act [Chapter 8 of Title 13]; or

(3) If the subject of the petition is a minor.

(c) The common law right of any person to change such person’s name is hereby abrogated as to individuals subject to the supervision of the State of Delaware Department of Correction. Such individuals may only effect a name change by petitioning the Court of Common Pleas as follows:

(1) Individuals subject to the supervision of the Department of Correction shall be prohibited from adopting any names other than their legal names or otherwise effecting name changes, except as provided in this subsection.

(2) When, based upon testimony or sworn affidavits, the Court finds that a petition for a name change of an individual subject to the supervision of the Department of Correction is motivated by a sincerely held religious belief or gender identity, the Court may grant such petition. In any case in which an individual subject to the supervision of the Department of Correction petitions the Court of Common Pleas for a change of name, the Court shall provide notice and opportunity to oppose the name change to the Department of Correction and shall permit it to submit any appropriate documentation in support of its opposition.

(3) If an individual is granted a name change pursuant to paragraph (c)(2) of this section, the individual must provide all names previously held or adopted, as well as the individual’s legal name when signing any legal document or providing information to a law-enforcement officer.

(4) The granting of any name changes pursuant to this subsection shall not restrict the Department of Correction from maintaining institutional files or otherwise referring to individuals by the names under which they became subject to the Department’s supervision.
10 Del. C. § 9554 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9554
§ Â
        9554. Sale of goods levied upon; advertisement.
Status: in_force

(a) The goods and chattels taken on execution issued by a Justice of the Peace Court shall not be sold until they are advertised for at least 10 days, in at least 5 of the most public places in the neighborhood, by advertisements setting forth the goods to be sold, and the day, hour and place of sale.

(b) One advertisement shall be delivered to every person whose goods are to be sold, and to the defendant’s landlord, or to the landlord’s agent if there is one residing within the county.

(c) One advertisement shall be delivered to the sheriff of the county.

(d) One such advertisement shall be delivered to each plaintiff in the execution, and also to each plaintiff in any other execution or executions at the time in the hands of the constable, or sheriff, or shall be left at the usual place of abode of such plaintiff, respectively, if there is such place of abode within the county.

(e) If any plaintiff in any such execution resides out of the county, the advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to such plaintiff at the post office nearest such plaintiff’s place of abode at least 10 days before the day of sale.

(f) The conduct of the sale shall be in accordance with Justice of the Peace Court rule or policy, which may include, but is not limited to, the establishment of a minimum bid or other requirements intended to ensure that the sale process is fair and reasonable to both the owner of the goods and the holder of the judgment.
10 Del. C. § 7205 — Delaware Code / Title 10 / Chapter 72 / Section 7205
§ Â
        7205. Nonemergency proceedings.
Status: in_force

(a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition that alleges:

(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.

(b) The following procedures govern a nonemergency proceeding:

(1) The respondent has the right to be heard.

(2) A hearing must be held within 15 days of the filing of a verified petition or affidavit under subsection (a) of this section, unless extended by the Court for good cause shown.

(3) The respondent has the right to notice of the hearing, to present evidence, and to cross-examine adverse witnesses.

(4) The petitioner has the burden of proving by a preponderance of the evidence that:

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

b. The respondent made specific statements, or engaged in specified actions contemporaneously with or subsequent to the sexual conduct or penetration which causes the petitioner to have a reasonable fear that respondent will harm petitioner in the future.

(5) If the petition is filed on behalf of a minor child or vulnerable adult, the Court may examine the person on whose behalf the petition is filed outside the presence of the parties for the purpose of obtaining the child’s or vulnerable adult’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 or vulnerable adult. 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 or vulnerable adult. 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.

(6) Petitioner’s prior sexual activity or reputation shall be inadmissible except as evidence related to past sexual activity with respondent if offered as evidence by the respondent that the sexual conduct in issue was consensual, or where rules of evidence otherwise permit admissibility.

(7) The Superior Court must not consider the following evidence in determining whether to grant or deny a petition:

a. The respondent was voluntarily intoxicated when any of the acts alleged occurred.

b. The petitioner was voluntarily intoxicated.

c. The petitioner engaged in limited consensual sexual touching with the respondent.

d. The petitioner did not report respondent’s non-consensual sexual conduct or non-consensual sexual penetration or contemporaneous or subsequent threatening conduct to law-enforcement officials.

(c) If the Court finds by a preponderance of the evidence that the petitioner has been the victim of non-consensual sexual conduct or non-consensual penetration perpetrated by the respondent, and that facts support petitioner’s reasonable fear of future harm, the Court shall issue a sexual violence protective order restraining 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 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.

(d) If the Court finds that there is not a preponderance of evidence to support the issuance of a sexual violence protective order, the Court shall not issue a sexual violence protective order, and shall vacate any ex parte temporary sexual violence protective order then in effect.

(e) If the Court issues a sexual violence protective order under this section, the Court shall inform the respondent that the respondent is entitled to 1 hearing to request a termination of the order under § 7206 of this title, and shall provide the respondent with a form to request such a hearing.

(f) If a respondent is not present for a hearing under this section, the Court shall direct that any sexual violence protective order issued 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 have been inadequate.

(g) The Court shall make a certified copy of the order available to the petitioner and respondent after the hearing and before the petitioner and respondent leave the courthouse.

(h) Any party in interest aggrieved by a decision of the Court under this section may appeal the decision to the Supreme Court.

(i) Relief granted under this section shall be for a fixed period of time not to exceed 3 years.
10 Del. C. § 9205 — Delaware Code / Title 10 / Chapter 92 / Section 9205
§ Â
        9205. Court hours.
Status: in_force

Each of the places where Court is held shall be open at such times as shall be provided by the rules; provided, however, that in each county there shall be at least 1 court available at all times. The Court may hear and determine any case within its jurisdiction during the time the Court is open.
10 Del. C. § 4736 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4736
§ Â
        4736. Federal court judgments.
Status: in_force

(a) Transcripts of judgments rendered in the United States District Court or in any other federal court of competent jurisdiction within this State shall be filed and docketed in the office of the prothonotary of each county of this State other than the county in which such judgment was rendered and when so filed and docketed, and only when so filed and docketed, such judgments, shall have the same force and effect as a lien as judgments rendered and docketed in the Superior Court of this State in any county of the State.

(b) When transcripts of any judgments of any federal court in this State have been filed and docketed as provided in subsection (a) of this section then said judgments shall be liens on the real estate of the judgment debtor within the county in which such judgment has been filed and docketed in the same manner and to the same extent and under the same conditions as if such judgments had been rendered in the Superior Court of any county of this State.

(c) The prothonotary of each county upon being presented with a transcript of a judgment rendered in any federal court within this State, and upon receiving a fee of $1.00, shall immediately file such transcript, and docket and index the judgment in the same manner as prescribed by law for the docketing and indexing of judgments rendered in the Superior Court of this State.
10 Del. C. § 9574 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9574
§ Â
        9574. Abatement and dismissal.
Status: in_force

(a) If an appellant does not duly enter the appellant’s appeal in the Court of Common Pleas, it shall be abated; and on production of the prothonotary’s certificate, under seal, made after the next term of the Court following the appeal, showing that it has not been regularly entered, the justice of the peace shall strike off the appeal.

(b) If after entering an appeal, the appellant neglects to prosecute it, or fails to comply with any rule, or makes other default, so that in a like case, in any other suit in Court, a nonsuit, non pros., or judgment by default would be entered, the Court shall dismiss the appeal, and remit the record to the justice, and give judgment for the respondent for costs; whereupon the justice shall strike off the appeal.
10 Del. C. § 3508 — Delaware Code / Title 10 / Chapter 35 / Section 3508
§ Â
        3508. Property subject to attachment.
Status: in_force

Goods, chattels, rights, credits, moneys, effects, lands and tenements may be attached under this chapter.
10 Del. C. § 7514 — Delaware Code / Title 10 / Chapter 75 / Section 7514
§ Â
        7514. Location of realty of persons signing bonds or recognizances.
Status: in_force

Where the signature of an owner of realty is required upon any bond or recognizance in any court of this State or before any justice of the peace of this State, it shall not be required that the owner own realty in the county where the court or justice of the peace is located but it shall be regarded as sufficient security if the owner owns realty located anywhere in this State.
10 Del. C. § 7808 — Delaware Code / Title 10 / Chapter 78 / Section 7808
§ Â
        7808. Construction.
Status: in_force

(a) (1) This chapter must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. §  230.

(2) Nothing in this chapter may be construed to impose liability on an interactive computer service, as defined in the Communications Decency Act of 1996, 47 U.S.C. §  230(f)(2), for content provided by another person.

(b) This chapter may not be construed to alter the law of this State on sovereign immunity.
10 Del. C. § 142 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 142
§ Â
        142. Writs of certiorari.
Status: in_force

Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of the Court without petition therefor or the allocatur of any Judge or order of the Court.
10 Del. C. § 7110 — Delaware Code / Title 10 / Chapter 71 / Section 7110
§ Â
        7110. Delay and dismissal of actions.
Status: in_force

(a) All actions brought pursuant to this chapter shall be heard by the Court on an expedited and priority basis. The Court shall not grant a continuance except for compelling and extraordinary reasons, or upon the application of the Attorney General for good cause shown.

(b) The Court shall not stay the civil proceedings pending the disposition of any related criminal proceeding except for compelling and extraordinary reasons or except upon the application of the Attorney General for good cause shown.

(c) The Court shall not dismiss an action brought pursuant to this chapter for want of prosecution unless the Court is clearly convinced that the interests of justice require such dismissal. In that event and upon such a finding, the dismissal shall be without prejudice to the right of the plaintiff to re-institute the action.
10 Del. C. § 1007 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1007
§ Â
        1007. Disposition of child pending adjudication;  payment for care.
Status: repealed

(a) Pending adjudication no child alleged to be delinquent may be placed in secure detention operated, or contracted, by the Department of Services for Children, Youth and Their Families unless the Court determines that no means less restrictive of the child’s liberty gives reasonable assurance that the child will attend the adjudicatory hearing and:

(1) The child is a fugitive from another jurisdiction on a delinquency petition; or

(2) The child is charged with an offense, which, if committed by an adult would constitute a felony, including offenses contained within this title, Title 11, and Chapter 47 of Title 16, the Uniform Controlled Substance Act; or

(3) The child is charged with an offense, which, if committed by an adult would constitute a class A misdemeanor, provided that offense involved violence, a sexual offense, unlawful imprisonment, or a weapons offense; or

(4) The child has, in the past, failed to appear at a delinquency hearing and circumstances indicate the child will likely fail to appear for further proceedings, or, absent a prior history of failure to appear, circumstances demonstrate a substantial probability that the child will fail to appear at a subsequent hearing; or

(5) The child is alleged to be intimidating 1 or more witnesses or otherwise unlawfully interfering with the administration of justice; or

(6) The child has escaped from a secure or nonsecure detention facility, or has demonstrated a pattern of repeated failure to comply with court-ordered placement pursuant to a delinquency petition in an out-of-home residential or foster care setting; or

(7) The child has incurred new charges while a resident, as a result of a prior delinquency petition, of a nonsecure detention facility, out-of-home residential or foster care setting and the parent, guardian, custodian or facility refuses to take custody of the child; or

(8) The child has breached a condition of release; or,

(9) Having been released pending adjudication on prior charges for which the child could have been detained, the child is alleged to have committed additional changes on which the child would not normally be permissibly held in secure detention under this section.

(b) Prior to making a decision of secure detention pending adjudication the Court shall consider and, where appropriate, employ any of the following alternatives:

(1) Release on the child’s own recognizance;

(2) Release to parents, guardian, custodian or other willing member of the child’s family acceptable to the Court;

(3) Release on bail, with or without conditions;

(4) Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the child at the next hearing;

(5) Release to a nonsecure detention alternative developed by the Department of Services for Children, Youth and Their Families such as home detention, daily monitoring, intensive home base services with supervision, foster placement, or a nonsecure residential setting.

(c) If the Court places a child in secure detention pending adjudication, the Court shall state in writing the basis for its detention determination pursuant to subsection (a) of this section and the reasons for not employing any of the secure detention alternatives under subsection (b) of this section. In the event that a risk assessment instrument has been completed for the child for the pending offense, with the resulting presumptive disposition being to release the child, or hold the child in a nonsecure detention facility, the Court shall further state in writing the basis for overriding that presumption.

(d) If a child aged 16 or older has been ordered by a court to be held in secure detention pending trial in Superior Court and is found to be nonamenable to Family Court pursuant to §§ 1010 and 1011 of this title, the Department of Services for Children, Youth and Their Families may file a motion in Superior Court to place the child in a secure detention facility other than a facility operated by the Department of Services for Children, Youth and Their Families because the Department’s secure detention facilities are at or beyond capacity or the child poses a security risk to self or other youth served by the Department of Services for Children, Youth and Their Families in the facilities it operates. If a motion is filed, Superior Court shall conduct an evidentiary hearing unless the parties reach an agreement to a secure detention for the child.

(1) After an evidentiary hearing, the Superior Court may order the child to be placed in a secure detention facility not operated by the Department of Services for Children, Youth and Their Families if the Court finds by clear and convincing evidence that the Department of Services for Children, Youth and Their Families’ secure detention facilities are at or beyond capacity and the child’s safety or health is at risk by remaining at a facility operated by the Department of Services for Children, Youth and Their Families. If the Court makes such a finding, the Department of Services for Children, Youth and Their Families shall provide the Court with a status on the capacity of the Department of Services for Children, Youth and Their Families’ secured detention facilities at least weekly and no child may be held in a secured detention facility for adults for more than 60 days.

(2) After an evidentiary hearing, the Superior Court may order the child to be placed in a secure detention facility not operated by the Department of Services for Children, Youth and Their Families if the Court finds by clear and convincing evidence that the child is a danger to self or other youth served by the Department of Services for Children, Youth and Their Families in the facilities it operates and the child’s needs would be better served at a facility not operated by the Department of Services for Children, Youth and Their Families.

(e) If a child has been placed in secure detention pending adjudication on a commitment from the Justice of the Peace Court, an initial hearing to determine the appropriateness of detention and to review conditions of release shall be held the next day the Family Court is in session.

(f) A detention review with counsel shall be heard within 14 days of the initial detention hearing and if detention is continued, detention review hearings shall be held thereafter at intervals not to exceed 30 days.

(g) When a juvenile is detained pending adjudication the adjudicatory hearing shall be held no later than 30 days from the date of detention. If no adjudicatory hearing is held within 30 days, upon motion by a juvenile, the Family Court shall within 72 hours fix a date for the adjudicatory hearing unless it grants a continuance of the hearing for good cause shown.

(h) Pending adjudication the Court may release a child alleged to be dependent or neglected to the custodian; or, where the welfare of the child appears to require such action, place the child in the care of the Department of Services for Children, Youth and Their Families or any suitable person or agency; provided, however, that if the child is placed with someone other than a relative, the Family Court may require an evaluation and report from the Department of Services for Children, Youth and Their Families.

(i) [Repealed.]

(j) Pending adjudication, the Court may defer proceedings pending further investigation, medical or other examination, or where the interest of a child will thereby be served.

(k) For purposes of subsections (a)-(c) of this section above, the term “the Court” shall mean both the Justice of the Peace Court and the Family Court. In all other subsections the term shall mean the Family Court only.
10 Del. C. § 9703 — Delaware Code / Title 10 / Chapter 97 / Section 9703
§ Â
        9703. Sussex County constables.
Status: in_force

The fees of Sussex County constables, for the services specified, in cases before a justice of the peace shall be as follows:

ON EXECUTIONS

IN WRITS OF REPLEVIN

ATTACHMENT FOR RENT
10 Del. C. § 8701 — Delaware Code / Title 10 / Chapter 87 / Section 8701
§ Â
        8701. Attorney General.
Status: in_force

The fees of the Attorney General, for the services specified, shall be as listed below:

For obtaining judgments in suits brought in favor of the State upon forfeited   bonds and recognizances, for appearances in the Superior Court, the Court   of Common Pleas, the Family Court for the State and in the Superior   Court upon appeals from any of such courts, $10, and 5 percent on the sum   collected on the judgments. Whenever the 5 percent on the amount   collected in any case exceeds $10, the last aforesaid fee shall not be paid.

For collecting bonds and recognizances without suit, 5 percent on the amount   collected.
10 Del. C. § 1049M — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049M
§ Â
        1049M. Other remedies.
Status: in_force

An individual who seeks a remedy under this part may seek other legal or equitable remedies.
10 Del. C. § 1317 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1317
§ Â
        1317. City Solicitor; powers and duties.
Status: in_force

(a) The City Solicitor of Wilmington or a duly authorized designee shall be ex officio the prosecuting officer in the Court of Common Pleas and the Justice of the Peace Court for all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City. The Courts may by rule establish a regularly scheduled time and place to hear and try such matters. The Attorney General of the State may, however, prosecute in person or by his or her deputy.

(b) The City Solicitor shall appoint an Assistant City Solicitor who shall hold office at the pleasure of the City Solicitor and perform the duties required of him or her by the City Solicitor. The City Solicitor may discharge the assistant at any time, and his or her acts in this regard shall not be questioned.

(c) In addition to his or her other powers, the City Solicitor may compel the attendance of witnesses and the production of books and papers at the City Solicitor’s office at any time, and may administer oaths and affirmations to witnesses at any time or in any place, for the purpose of securing information relative to the enforcement of the laws, ordinances, regulations or charter of the City. Subpoenas and attachments for the attendance of such witnesses and the production of such books and papers shall be signed by the City Solicitor and shall be served by any police officer. Any false answer or statement given in such a case shall be deemed perjury and punishable accordingly. The costs in such cases shall be paid by the Clerk of the Court of Common Pleas and the Justice of the Peace Court in the same manner as the costs of other proceedings in the Court are paid.
10 Del. C. § 7128 — Delaware Code / Title 10 / Chapter 71 / Section 7128
§ Â
        7128. Recovery of costs.
Status: in_force

(a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and expenses and disbursements by the plaintiff or any governmental entity in investigating, bringing, maintaining and enforcing the action and any court orders issued pursuant thereto. All defendants shall be jointly and severally liable for the payment of taxed costs imposed pursuant to this section.

(b) A judgment awarding a permanent abatement pursuant to this chapter shall be a lien upon the premises declared to be a criminal nuisance unless title thereto has been transferred pursuant to §§ 7126 and 7127 of this title. In addition, a judgment against an in personam defendant imposing a civil penalty or bill of taxed costs pursuant to this chapter shall be a lien upon the real estate owned by the defendant at the time of such rendition, and also upon all real estate the defendant may subsequently acquire, for a period of 10 years from the date of the judgment, subject to renewal of the judgment pursuant to § 4711 of this title.
10 Del. C. § 7706 — Delaware Code / Title 10 / Chapter 77 / Section 7706
§ Â
        7706. Return and disposal of a firearm, projectile weapon, or ammunition.
Status: in_force

If an order issued under this chapter is vacated under § 7704 (e) of this title, terminated under § 7705(a) of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent a firearm, projectile weapon, or ammunition taken from the respondent under this chapter unless otherwise prohibited under § 1448 of Title 11.
10 Del. C. § 9903 — Delaware Code / Title 10 / Chapter 99 / Section 9903
§ Â
        9903. Appeal in the discretion of the appellate court.
Status: in_force

The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the allowance of the appeal; but, in no event of such appeals shall the decision or result of the appeal affect the rights of the defendant and the defendant shall not be obligated to defend the appeal, but the court may require the Office of Defense Services of this State to defend the appeal and to argue the cause.
10 Del. C. § 1322 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1322
§ Â
        1322. Civil jurisdiction; amount in controversy.
Status: in_force

(a) The Court shall have jurisdiction over all civil actions at law where the matter or thing in controversy, exclusive of interest, does not exceed $75,000.

(b) The Court shall have unlimited jurisdiction over counterclaims, cross-claims and third-party claims as defined and provided by rule of Court, and any judgment rendered on any such counterclaim, cross-claim or third-party claim which exceeds the sum of $75,000 shall be valid in all respects.
10 Del. C. § 1975 — Delaware Code / Title 10 / Chapter 19 / Subchapter V / Section 1975
§ Â
        1975. Officer in charge; preparation.
Status: in_force

Whenever an order is made under this subchapter for the making of any index or indices, the officer in charge of the records for which such index or indices are to be made shall make or cause the same to be made, pursuant to the provisions of this subchapter and such order. He or she may procure all books necessary for such purpose, the cost of which shall be paid by the County Council of New Castle County.
10 Del. C. § 5123 — Delaware Code / Title 10 / Chapter 51 / Section 5123
§ Â
        5123. Change of name proceedings.
Status: in_force

In proceedings for changing names, the costs shall be paid by the petitioner.
10 Del. C. § 4013 — Delaware Code / Title 10 / Chapter 40 / Subchapter II / Section 4013
§ Â
        4013. Limitation on damages.
Status: in_force

(a) In any action for damages permitted by this subchapter, the claim for and award of damages, including costs, against both a political subdivision and its employees, shall not exceed $300,000 for any and all claims arising out of a single occurrence, except insofar as the political subdivision elects to purchase liability insurance in excess of $300,000 in which event the limit of recovery shall not exceed the amount of the insurance coverage.

(b) Any governmental entity may settle claims filed against it pursuant to § 4012 of this title, in accordance with procedures duly promulgated by its governing body.

(c) Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence.
10 Del. C. § 1043 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1043
§ Â
        1043. Ex parte orders and emergency hearings.
Status: in_force

(a) A petitioner may request an emergency protective order by filing an affidavit or verified pleading alleging that there is an immediate and present danger of domestic violence to the petitioner or to a minor child of the petitioner or to an adult who is impaired.

(b) An emergency protective order may be issued on an ex parte basis, that is, without notice to the respondent, where the petitioner certifies in writing the efforts, if any, which have been made to give notice to the respondent or the reasons supporting the claim that notice should not be required.

(c) An emergency hearing held on an ex parte basis shall be held the same day that the petition is filed or the next day that the Court is in session. All other emergency hearings shall be scheduled for an expedited hearing within 15 calendar days after the petition is filed.

(d) In any case in which an ex parte protective order has been issued, a full hearing shall be held within 15 days. The Court may extend an ex parte order as needed, but not to exceed 30 days, to effectuate service of the order or where necessary to continue protection.

(e) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry of a protective order, the Court shall grant any appropriate relief, including, but not limited to, the relief set forth in § 1045 of this title.

(f) In those cases where the respondent is not present for the hearing, or where the hearing is held ex parte, any protective order issued shall be served immediately upon the respondent, in accordance with § 1065 of this title. A certified copy of the order shall also be given to the petitioner after the hearing, before leaving the courthouse. If the order recites that the respondent appeared in person before the Court, the necessity for further service is waived and proof of service of the order is not necessary; in those cases, the respondent shall be given a copy of the order before leaving the courthouse.
10 Del. C. § 3903 — Delaware Code / Title 10 / Chapter 39 / Section 3903
§ Â
        3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.
Status: in_force

Whenever any court orders and adjudges a bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, in any court, forfeited, then in any action on such forfeited bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, if a copy of such bail bond, bond, or recognizance has been filed with the complaint, the Attorney General, or any other attorney, on behalf of the State, or plaintiff, shall be at liberty to move for judgment after the defendant’s time for filing his or her answer has expired, unless the defendant or one of the defendants, if there be more than one, or some one for such defendant or defendants, has filed an affidavit of defense in the action, stating therein the nature and character of the same. The Attorney General shall sue upon and collect all such forfeited bail bonds, recognizances, or bonds.
10 Del. C. § 3928 — Delaware Code / Title 10 / Chapter 39 / Section 3928
§ Â
        3928. Limitations and protections against actions relating to healthcare services.
Status: in_force

(a) A law of another state that authorizes a person to bring a civil action against a person that does any of the following is contrary to the public policy of this State:

(1) Terminates or seeks to terminate a pregnancy.

(2) Performs or induces the termination of pregnancy.

(3) Knowingly engages in conduct that aids or abets the performance or inducement of the termination of pregnancy.

(4) Attempts or intends to engage in the conduct described in paragraphs (a)(1) through (3) of this section.

(5) Provides “fertility treatment” as defined by § 1702 of Title 24.

(6) Attempts or intends to engage in conduct described in paragraph (a)(5) of this section.

(7) Provides any “healthcare services,” as defined by § 1702 of Title 24, that are unlawful in another state but are lawful in this State.

(8) Knowingly engages in conduct that aids or abets the provision of any “healthcare services,” as defined by § 1702 of Title 24, that are unlawful in another state but are lawful in this State.

(9) Attempts or intends to engage in the conduct described in paragraph (a)(7) or (a)(8) of this section.

(b) The State shall not do any of the following:

(1) Apply any law described in subsection (a) of this section to any case or controversy heard in any court.

(2) Issue a summons, subpoena, warrant, court order, or other legal process in a case where prosecution is pending, or where a grand jury investigation has commenced, or is about to commence, for a criminal violation of a law described in subsection (a) of this section unless the acts forming the basis of the prosecution or investigation would constitute a crime in this State.

(3) Issue or enforce a subpoena, summons, warrant, court order, or other legal process for information or testimony issued by another state or government relating to a civil action described in subsection (a) of this section.
10 Del. C. § 7010 — Delaware Code / Title 10 / Chapter 70 / Section 7010
§ Â
        7010. Construction of chapter.
Status: in_force

This chapter and the regulations promulgated under it must be construed liberally to effectuate the legislative intent and as complete authority for the performance of each act and thing authorized in the chapter.
10 Del. C. § 8119 — Delaware Code / Title 10 / Chapter 81 / Section 8119
§ Â
        8119. Personal injuries.
Status: in_force

No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.
10 Del. C. § 3511 — Delaware Code / Title 10 / Chapter 35 / Section 3511
§ Â
        3511. Effect of sales.
Status: in_force

All sales under this chapter shall be good against the defendant or the defendant’s executors, administrators and assigns. Any transfer or assignment of the property after attachment shall be void, and after the sale of the property is made and confirmed the purchaser shall be entitled to and have all the right, title and interest of the defendant in and to the property so attached and sold, and such sale and confirmation shall transfer to the purchaser all the right, title and interest of the defendant in and to the property as fully as if the defendant had transferred the same to the purchaser in accordance with law. If action is brought against any officer or other person acting under the authority of this chapter, it shall be a good defense that his or her act was done in compliance with this chapter and in accordance with the applicable rules of court.
10 Del. C. § 5052 — Delaware Code / Title 10 / Chapter 49 / Subchapter X / Section 5052
§ Â
        5052. Plaintiffâs affidavit of fraud; exceptions from requirement.
Status: in_force

(a) No writ of capias ad satisfaciendum shall be issued out of any court of this State upon a judgment in a civil action, against any person in this State, nor shall any such person be imprisoned for the nonperformance of a judgment rendered in any court for the payment of money, until the plaintiff in such judgment, or the party in whose favor the judgment rendered shall be, or some credible person for the plaintiff, shall, in addition to the requirement of § 5051 of this title make a written affidavit, to be filed in the office of the prothonotary or the Register in Chancery, as the case may be, before the issuing of the process, stating that the defendant in such judgment is justly indebted to the plaintiff in a sum exceeding $50, and that he or she verily believes the defendant has secreted, conveyed away, assigned, settled, or disposed of either money, goods, chattels, stocks, securities for money, or other real, or personal estate, of the value of more than $50, with intent to defraud his or her creditors; and shall moreover, in such affidavit, specify and set forth the supposed fraudulent transactions.

(b) Any writ of capias ad satisfaciendum, issued contrary to the provision of subsection (a) of this section, shall be void, and the plaintiff obtaining such writ shall be liable to all the costs of the same.

(c) The provisions of this section shall not apply to any person imprisoned by authority of the United States, nor to any other than execution, or final process, or commitment, for debt, or damages, or costs, of a civil action, or nonperformance of a judgment rendered for the payment of money.
10 Del. C. § 3505 — Delaware Code / Title 10 / Chapter 35 / Section 3505
§ Â
        3505. Worthless checks or unpaid settlement memoranda.
Status: in_force

A writ of attachment may be issued in any action brought against any person who has issued a worthless check against an account in which there are not sufficient funds to pay such check, or where the person has issued slips or memoranda in settlements, which have not been paid.
10 Del. C. § 6101 — Delaware Code / Title 10 / Chapter 61 / Section 6101
§ Â
        6101. Application of chapter.
Status: in_force

This chapter shall govern the procedure for all condemnations of real and personal property within this State under the power of eminent domain exercised by any authority whatsoever, governmental or otherwise.
10 Del. C. § 1049O — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049O
§ Â
        1049O. Relation to the Electronic Signatures in Global and National Commerce Act.
Status: in_force

This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
10 Del. C. § 5016 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5016
§ Â
        5016. Defendant as joint owner.
Status: in_force

If the defendant is owner of an undivided share, the writ of possession shall be restricted to such share; and any holder of another share, or such holder’s tenant, shall not be removed, or further disturbed than by putting the purchaser into peaceable possession of the undivided share of the defendant.
10 Del. C. § 7511 — Delaware Code / Title 10 / Chapter 75 / Section 7511
§ Â
        7511. Default in satisfaction; amount of damages.
Status: in_force

Every person committing a default under § 7510 of this title shall be liable to the recognizor in such recognizance, or the executors or administrators of such recognizor, in damages to be recovered by a civil action. The damages shall not be less than $10, nor more than $50, except when special damages to a larger amount are alleged in the complaint, and proved.
10 Del. C. § 7510 — Delaware Code / Title 10 / Chapter 75 / Section 7510
§ Â
        7510. Entry of satisfaction.
Status: in_force

Every person to whom a sum is due by a recognizance taken in the Court of Chancery, receiving satisfaction of the same, shall, within 60 days thereafter, cause such satisfaction to be entered upon the record of such recognizance. Such satisfaction shall be entered by the Register in Chancery upon application of the party or the party’s attorney, who must sign the entry.
10 Del. C. § 4760 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4760
§ Â
        4760. Entry by nonresident.
Status: in_force

(a) Any nonresident person to whom a sum is due by judgment, shall appear at the office where such judgment is recorded, within 30 days after a notice has been given to the person to whom the sum is due, by the person owing such sum by judgment, to receive satisfaction, and at the same time enter satisfaction on the record of such judgment. If the nonresident neglects or refuses to appear in person or by power of attorney within the time specified, then the person owing the sum by such judgment may deposit the amount due upon such judgment, in any state or national bank having its principal place of business in the State, subject to the order of such nonresident. The cashier of the bank shall give to the depositor a certificate stating the amount deposited in the name of the nonresident and upon the presentation of this certificate, at the office where such judgment is recorded, the officer in charge of such office shall enter full satisfaction upon the record, and shall write upon the record the manner in which the judgment is satisfied, and shall retain the certificate or a duplicate of the same in the office.

(b) A notice, by mail or by person, to a nonresident creditor shall be deemed and taken as sufficient notice. This section, however, shall not bar any nonresident from correcting any errors or omissions in any payments due to such nonresident by suit or otherwise.
10 Del. C. § 5351 — Delaware Code / Title 10 / Chapter 53A / Section 5351
§ Â
        5351. Short title.
Status: in_force

This chapter may be cited as the “Delaware Uniform Unsworn Foreign Declarations Act.”
10 Del. C. § 2002 — Delaware Code / Title 10 / Chapter 20 / Section 2002
§ Â
        2002. Statement of policy.
Status: in_force

The State or areas thereof could suffer future catastrophic damage through the occurrence of emergencies and disasters resulting from terrorism, enemy attack, or other hostile action, or from disease, fire, flood, earthquake, accident, or other natural or manmade causes resulting in the destruction of or severe damage to courthouses and the ability to staff the courts. To provide for the operation of the courts during such an emergency, it is necessary to enact comprehensive emergency provisions for the Judicial Branch.
10 Del. C. § 2001 — Delaware Code / Title 10 / Chapter 20 / Section 2001
§ Â
        2001. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Judicial Emergency Act.”
10 Del. C. § 7208 — Delaware Code / Title 10 / Chapter 72 / Section 7208
§ Â
        7208. Limitation on liability.
Status: in_force

(a) Nothing in this chapter precludes a law-enforcement officer from removing a firearm, projectile weapon, or ammunition under other authority or the filing of criminal charges when probable cause exists.

(b) A law-enforcement agency is immune from civil or criminal liability for any damage or deterioration of a firearm, projectile weapon, or ammunition stored or transported under this chapter. This subsection does not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law-enforcement agency or federally-licensed firearms dealer.
10 Del. C. § 5113 — Delaware Code / Title 10 / Chapter 51 / Section 5113
§ Â
        5113. Endorsement on execution process.
Status: in_force

Upon every execution, order, or process in the nature of an execution, whereby costs are to be levied and made, the clerk, prothonotary, or register, issuing the same, shall indorse all costs up to the time of the issue, showing distinctly each item of the sheriff’s fees, the amount of the fees of every other officer and person, and the names of the officers and persons respectively to whom such fees are due. The fees of the jury and bailiff, and of referees, may be endorsed in the aggregate under those heads.