10 Del. C. § 921 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 921
§ Â
        921. Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, Â 5]
Status: in_force

The Court shall have exclusive original civil jurisdiction in all proceedings in this State concerning:

(1) Any child found in the State who is alleged to be dependent, neglected, abused or delinquent except as otherwise provided in this chapter;

(2) a. Any child charged in this State with delinquency by having committed any act or violation of any laws of this State or any subdivision thereof, except, for a child aged 16 or older accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, unlawful sexual intercourse in the first 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), kidnapping in the first degree, or any attempt to commit said crimes; any child 16 years of age or older charged with violation of Title 21, except as provided in paragraph (16) of this section or § 927 of this title; or any other crime over which the General Assembly has granted or may grant jurisdiction to another court.

b. Any child charged in this State with delinquency by having committed, after reaching that child’s sixteenth birthday, murder in the second degree, manslaughter, robbery in the second degree, attempted murder (first or second degree), home invasion, burglary in the first degree or arson in the first degree; provided, however, that such child shall, after such child’s first appearance in the Court, be given a hearing as soon as practicable to determine that child’s amenability to the processes of the Court. The Court shall give immediate notice of such hearing in writing to the Department of Justice and to the child’s custodian, near relative, attorney or other interested person, if known, and then the Court shall proceed in accordance with the provisions of § 1010 of this title. The Attorney General or 1 of the Attorney General’s deputies shall be present at any such hearing.

Superior 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 in any prosecution for 1 of the crimes specifically defined in this subsection or for any crime where the child has been transferred to the Superior Court by the Family Court pursuant to § 1010 of this title;

(3) Enforcement of any law of this State or any subdivision or any regulation promulgated by a governmental agency, or any petitions or actions, for the education, protection, control, visitation, possession, custody, care, or support of children; provided however, that the Justice of the Peace Court shall have original and exclusive jurisdiction over truancy matters as set forth in Chapter 27 of Title 14, and the Family Court shall assume exclusive jurisdiction over those matters transferred or appealed from the Justice of the Peace Court in accordance with §§ 2731 and 2732 of Title 14;

(4) Judicial consent to employment, medical care, or enlistment in the armed services of a child when such consent is required by law;

(5) Actions to terminate compulsory school attendance by a child who has not attained that child’s sixteenth birthday;

(6) Actions and proceedings wherein:

a. A member of a family alleges that some other member of the family is by their conduct imperiling any family relationship and petitions the Court for appropriate relief.

b. The Division of Child Protective Services or a licensed youth service agency alleges that the conduct of a child, or of the parents or custodians, or members of a family, imperils any family relationship or imperils the morals, health, maintenance or care of a child and petitions the Court for appropriate relief; provided, however, that where a parent, to ensure the safety or welfare of the child, fails to cause the child to attend school, such parent has not imperiled the family relationship, nor has imperiled the morals, health, maintenance or care of the child.

c. In such actions and proceedings the Court may make such adjudications and dispositions as appear appropriate;

(7) Liability of relatives to support a poor person under § 501 of Title 13, and §§ 2830 and 2831 of Title 31;

(8) Execution of forms consenting to marriages under § 123 of Title 13;

(9) Reciprocal support proceedings by or against nonresidents under Chapter 6 of Title 13;

(10) Any child in the State under the age of 16 years charged with delinquency by having committed a violation of any provision of Title 21; and any child in the State 16 years of age or older charged with having violated any of the provisions specified in § 927 of this title;

a. The court having jurisdiction of violations of Title 21, not covered above, shall not proceed, except to continue the case, without the presence of a custodian, near relative, attorney or other interested person.

b. Any judge of a court of proper jurisdiction, if the judge determines the existence of circumstances beyond the violation of Title 21, which indicates that the child 16 or 17 years old may be dependent, neglected or delinquent, shall, in addition to hearing the violation of Title 21, cause a complaint to be filed charging dependency, neglect or delinquency.

c. Any sentence imposed against any child 16 or 17 years old by a court having jurisdiction of the offenses in Title 21, except those offenses within the jurisdiction of the Family Court, shall be limited to a fine and costs. No court shall detain a child 16 years of age or older in a jail or adult correctional institution or jail pending trial on any violation of Title 21. Any child pending trial shall, in the default of bail, be detained only in a juvenile correctional facility.

d. Any child 16 or 17 years old who fails or refuses to pay a fine imposed by a court having jurisdiction of the offenses in Title 21, except those offenses within the jurisdiction of the Family Court, and after exhaustion of all other legal remedies for collection provided by the State, shall be charged with delinquency and referred to the Family Court;

(11) All proceedings relative to divorce and annulment under Chapter 15 of Title 13;

(12) Actions concerning the education of the handicapped and the enforcement of rights guaranteed by Chapter 31 of Title 14;

(13) Actions concerning appeals from administrative decisions of the Division of Child Support Services, in accordance with the Delaware Administrative Procedures Act, Chapter 101 of Title 29;

(14) Petitions by persons formerly married to each other seeking an interest in or disposition of jointly titled real property, where such property was not disposed of (i) by agreement of the parties, or (ii) by virtue of ancillary proceedings pursuant to § 1513 of Title 13. In dividing said property the Family Court shall apply equitable principles unless there is a written agreement signed by the parties regarding the disposition of said property. Unless there is a written agreement signed by the parties the Family Court shall not consider the factors enumerated in § 1513 of Title 13. This paragraph shall apply to all actions filed after July 11, 1989;

(15) Proceedings relative to parental notice of abortion under subchapter VIII, Chapter 17 of Title 24;

(16) Notwithstanding any provision of this title to the contrary, charges of delinquency based upon an alleged violation of any provision of Title 11, 16 or 21 which would otherwise be within the original civil jurisdiction of Family Court shall instead be within the original criminal jurisdiction of Superior Court if said charges may be joined properly with a felony pending against the same child in Superior Court, as determined pursuant to the relevant rules of the Superior Court;

(17) Actions concerning child support liens pursuant to § 519 of Title 13;

(18) Child Protection Registry proceedings pursuant to Chapter 9 of Title 16;

(19) Proceedings for a change of name pursuant to § 5901(b) of this title.

(20) All criminal or delinquency court proceedings involving a child charged with a delinquent act or crime committed while the child was under the age of 18 years and committed within the boundaries of a military installation, so long as concurrent juvenile legislative jurisdiction is established under § 108 of Title 29.
10 Del. C. § 3504 — Delaware Code / Title 10 / Chapter 35 / Section 3504
§ Â
        3504. Unincorporated association subject to attachment and garnishment.
Status: in_force

(a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process.

(b) Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section may attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of the defendant association and may also attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names.
10 Del. C. § 5062C — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5062C
§ Â
        5062C. Residential Mortgage Foreclosure Mediation Program.
Status: repealed

(a) An Automatic Residential Mortgage Foreclosure Mediation Program is established.

(b) This section shall apply to mortgage foreclosure actions under § 5061 of this title with respect to owner-occupied 1- to 4-family primary residential properties, unless the mortgage is held by the seller of the subject property who does not hold more than 5 such mortgages.

(c) (1) As required pursuant to § 5062D(b)(3) of this title, a notice of foreclosure mediation shall accompany the complaint filed in a mortgage foreclosure action subject to this section, which notice shall notify the defendant of the Automatic Residential Mortgage Foreclosure Mediation Program. A copy of such notice shall also accompany the posted and mailed Notice to Lienholders and Tenants required by the Superior Court Civil Rules.

(2) The notice of foreclosure mediation shall:

a. Contain the following heading, in English and in Spanish, in at least 30-point boldface type, at the beginning of the notice:

NOTICE REQUIRED BY DELAWARE LAW

YOUR LENDER HAS FILED A FORECLOSURE ACTION AGAINST YOUR PROPERTY. YOU ARE ELIGIBLE TO PARTICIPATE IN MEDIATION. CALL THE DELAWARE ATTORNEY GENERAL’S FORECLOSURE HOTLINE AT 1-800-220-5424 NOW OR FIND A HOUSING COUNSELOR ON THE INCLUDED LIST TO START THE MEDIATION PROCESS.;

b. Contain the following statement, in English and in Spanish, in at least 14-point boldface type, immediately following the heading:

Your lender has filed a foreclosure action against your property. You are eligible for mediation with your lender. A mediation conference will be scheduled for you. Please look out for this mediation scheduling notice in the mail. Your lender will not be able to seek judgment against your property until the day after the date for which your mediation conference is scheduled.In order to effectively participate in mediation, you must meet with a HUD-approved housing counselor and certify to the court your intent to participate in mediation within 30 days of today. You are encouraged to do this immediately; your chances of saving your home may be better the sooner you meet with a HUD-approved housing counselor. Please call the Delaware Attorney General’s Foreclosure Hotline at 1-800-320-5424 or contact a HUD-approved housing counselor. A list of HUD-approved housing counseling agencies is also provided in this notice. A housing counselor may be able to assist you with the mediation process and with applying for loss mitigation programs and emergency assistance programs. You also must work with your HUD-approved housing counselor to prepare a proposal for your lender in advance of your mediation conference. A Certificate of Participation form is attached to this notice. If you do not certify your intent to participate in mediation, you may still attend your scheduled mediation conference and meet with a representative of your lender. However, your mediation is less likely to be successful and your lender may choose to seek judgment against your property immediately after mediation.You must appear in person at your mediation conference. If you are unable to attend the mediation conference on the scheduled date, you may request that your mediation conference be rescheduled for good cause. You must make this request promptly or your request may be denied.;

c. Contain a list of housing counseling agencies approved by the United States Department of Housing and Urban Development who may be available to provide assistance with the mediation process, along with the contact information for each listed agency;

d. Be accompanied by a Certificate of Participation form, which shall include the following information:

1. The address of the subject property;

2. The following language:

I am the borrower: YES NO

I occupy this property as my primary residence: YES NO

I want to keep living in this house or otherwise negotiate a resolution to this foreclosure that will not result in sheriff’s sale: YES NO

If you checked “NO” for any of the above statements, your mediation conference will be canceled.

3. A certification substantially in the following form:

“I represent that the information herein is true, and certify that as required by the Automatic Residential Mortgage Foreclosure Mediation Program, I have met with the housing counselor identified below and a proposal will be submitted on my behalf to Plaintiff’s attorney at least 14 days before the date of the Mediation Conference.”; and

4. The name and address of the HUD-approved housing counselor;

5. Such other information as the Superior Court shall prescribe.

e. If a date for mediation has already been scheduled pursuant to paragraph (d)(2) of this section, notify the defendant that the mediation conference is scheduled for that date and attach the mediation scheduling notice; in such event, the form of notice required by this paragraph (c)(2) shall be adjusted to reflect that a mediation conference has already been scheduled.

(3) The Superior Court may also require that the notice of foreclosure mediation be accompanied by such other flyers, forms, and checklists as it deems appropriate.

(4) The Delaware State Housing Authority shall make available upon request the list of approved housing counseling agencies and the contact information for each listed agency required under paragraph (c)(2)c. of this section.

(d) (1) The Superior Court or its delegatee shall schedule a mediation conference and issue a mediation scheduling notice to the plaintiff, the defendant, and all other necessary parties to the action as set forth in § 5061 of this title. The mediation conference must be scheduled for a date that is not less than 45 days from the date the notice of foreclosure mediation was served on the defendant and not more than 75 days from such date. The mediation scheduling notice may be in such form as the Superior Court or its delegatee shall provide. The mediation scheduling notice must inform the parties of the date, time, and place of the mediation conference, the contact information for the mediator if 1 has been assigned, and that all necessary parties, other than the plaintiff and the defendant, must file an appearance in order to be provided with further mediation notices.

(2) [Repealed.]

(3) The Superior Court or its delegatee may, in its discretion and either on its own initiative or in response to a request from a party or the mediator, for good cause shown, reschedule a mediation conference, except that no initial mediation conference may be scheduled sooner than 45 days from the date the notice of foreclosure mediation was served on the defendant without the written consent of the defendant and no initial mediation conference may be scheduled later than 75 days from the date the notice of foreclosure mediation was served on the defendant without the written consent of both the plaintiff and the defendant. If the Superior Court or its delegatee reschedules a mediation conference, the previously scheduled conference shall be canceled and the Superior Court or its delegatee will issue a new mediation scheduling notice to the plaintiff, defendant and all appearing parties. The new mediation scheduling notice shall state that the previously scheduled conference was canceled and shall inform the parties of the date, time, and place of the rescheduled mediation conference and the contact information for the mediator if one has been assigned to act as the mediator at the rescheduled mediation conference.

(4) After a Certificate of Participation has been filed identifying the borrower’s HUD-approved housing counselor, the housing counselor shall be provided with copies of all subsequent mediation scheduling notices and other communications to be provided to the borrower as part of the mediation process.

(e) (1) A defendant shall meet with a HUD-approved housing counselor and file a Certificate of Participation no more than 30 days from the date the notice of foreclosure mediation was served on the defendant. The Certificate of Participation shall be filed with the Superior Court or its delegatee and the defendant shall send copies to the mediator and to the plaintiff or, if the plaintiff is represented by counsel, to the mediator and to the plaintiff’s counsel, who will promptly forward the Certificate of Participation on to the plaintiff. If a defendant has checked “NO” with respect to any of the statements required to be included in the Certificate of Participation under paragraph (c)(2)d.2. of this section, above, the mediation conference will be canceled, but this shall not prevent the defendant from requesting that the mediation conference be reinstated at a later date prior to the entry of judgment.

(2) The failure of a defendant to file a Certificate of Participation will not excuse the plaintiff from attending the mediation conference and engaging in mediation in good faith, but the mediator may take the defendant’s failure into consideration when making recommendations.

(3) Upon receipt of a duly completed Certificate of Participation from the defendant, the plaintiff shall owe a mediation fee to the Superior Court or its delegatee in the amount set by the Superior Court pursuant to subsection (q) of this section. Notwithstanding the preceding sentence, if the mediation conference has been cancelled as a result of the defendant checking “NO” on the Certificate of Participation under paragraph (e)(1) of this section above, no mediation fee will be required. The mediation fee required, whether under this section or paragraph (i)(8) of this section below, shall be due and must be paid by plaintiff within 30 days after the eFiling of a completed Certificate of Participation, and shall be in addition to any other filing fees required by law. The Superior Court or its delegatee may in its discretion reschedule any scheduled mediation conference where the mediation fee is overdue pursuant to this paragraph until such time as the mediation fee has been paid.

(f) At least 14 days prior to the date of the mediation conference, the defendant shall provide a completed financial proposal worksheet to the plaintiff, to the mediator, and to such other entities as the Court may require. The Superior Court or its delegatee may prescribe the form of such financial proposal worksheet and any accompanying materials that must be provided by the defendant. The failure of a defendant to provide a complete financial proposal worksheet to the plaintiff will not excuse the plaintiff from attending the mediation conference and engaging in mediation in good faith, but the mediator may take such failure into consideration when making recommendations and may inform the defendant that the failure to provide a complete financial proposal worksheet and accompanying materials, if required, may affect the plaintiff’s ability to enter into a loss mitigation agreement or other resolution of the foreclosure.

(g) At least 7 days prior to the date of the mediation conference or such other date as agreed to by the mediator, the plaintiff shall provide the defendant and its housing counselor, if known, a checklist of documents that the plaintiff requires that the defendant bring to the mediation conference, including whether updated versions of existing documents need to be provided. Each party shall also make itself available at least 3 days prior to the date of the mediation conference to discuss the list of documents. The Superior Court or its delegatee may prescribe a form of checklist to be used under this paragraph. If the plaintiff requests at the mediation conference additional documents from the defendant that were not included on the checklist, the mediator may take any failure of the plaintiff to provide a complete checklist into consideration when making recommendations. If the defendant fails to bring the documents required by the plaintiff to the mediation conference and such documents were requested timely under this subsection, the mediator may take into consideration the defendant’s failure to provide the documents when making recommendations and may inform the defendant that such failure may affect the plaintiff’s ability to enter into a loss mitigation agreement or other resolution of the foreclosure.

(h) The Superior Court or its delegatee may set forth procedures for the provision of information and statements by the parties in mediation, including the use of preliminary position statements. However, the failure of a party to provide a preliminary position statement will not excuse any party from attending the mediation conference and engaging in mediation in good faith, but such failure may be taken into consideration by the mediator in assessing whether the party failing to provide the position statement is engaging in mediation in good faith.

(i) A mediation conference will be held on the day stated in the mediation scheduling notice, and shall be conducted in accordance with the following:

(1) A mediator will oversee the mediation conference and provide guidance as appropriate. However, if multiple mediation conferences are occurring in the same location simultaneously, the mediator may determine that the mediator’s presence is not required for the entirety of the mediation session. In this event, the mediator will inform the parties that they may engage in party-led mediation and that they should seek out the mediator when questions arise and when the mediation conference is complete. The mediation shall be held in a location where fax machines and internet access is available, in order to facilitate the transmission of documents between parties and their counsel.

(2) The plaintiff and the defendant shall appear in person at each mediation conference and must have authority to agree to a proposed settlement, except that if the plaintiff is represented by counsel, the plaintiff’s counsel may appear in lieu of the plaintiff to represent the plaintiff’s interests at the mediation conference, provided plaintiff’s counsel has the authority to agree to a proposed settlement and a representative of the plaintiff who has decision making and settlement authority is available during the mediation conference by telephone. The defendant may be accompanied by a housing counselor and may have legal representation.

(3) At the mediation conference, the parties shall address, among other things, loss mitigation programs offered by the plaintiff for which the defendant could be eligible, along with other potential resolutions that may allow the defendant to continue to own the property or otherwise avoid a foreclosure judgment or sheriff’s sale, including without limitation the following options where applicable: bringing the mortgage loan current; paying off the mortgage; a repayment plan to bring the loan current over time; agreeing to vacate in the near future in exchange for not contesting the matter and a monetary payment; offering the lender a deed in lieu of foreclosure; filing bankruptcy proceedings; paying the mortgage default over 60 months; and requesting a loan modification.

(4) The individual appearing at the mediation conference on behalf of the plaintiff will be responsible for receipt of all information requested from defendant and will be responsible for communicating that information to the plaintiff.

(5) The individual appearing at each mediation conference on behalf of the plaintiff shall bring to the mediation conference an updated itemization of all fees and costs, including any other charges and attorneys’ fees requested, that must be paid as of the date of the mediation in order to reinstate the loan secured by the property subject to the foreclosure action and an current itemization of all overdue amounts causing that loan to be in default.

(6) At a minimum, the mediator will advise the defendant that:

a. The mediation does not suspend the defendant’s obligation to respond to the foreclosure complaint; and

b. Entry of judgment in the foreclosure action may cause the defendant to lose the residential mortgage property.

(7) Absent mutual agreement of the parties, the mediator will have no authority to bind the parties to a resolution, except that the mediator may recommend to the Superior Court that the foreclosure action be dismissed due to the plaintiff’s failure to appear for 2 successive mediation conferences. In no event shall any determination issued by a mediator under this program form the basis of an appeal of any foreclosure judgment.

(8) The parties to a foreclosure action may agree in a mediation conference to schedule an additional mediation conference, which fact shall be recorded in the mediation record at the end of the present mediation conference. If the plaintiff has not yet been required to pay a mediation fee under paragraph (e)(3) of this section because the defendant did not file a completed Certificate of Participation in a timely manner, upon the scheduling of the first additional mediation conference after the initial mediation conference, the plaintiff shall be required to pay a mediation fee to the Superior Court or its delegatee in the amount set by the Superior Court pursuant to paragraph (q) of this section. The mediation fee required under this paragraph must be paid by the plaintiff within 30 days of the eFiling of a completed Certificate of Participation, and shall be in addition to any other filing fees required by law. The mediation fee required under this paragraph must be paid by the plaintiff before the date for which the first additional mediation conference has been scheduled. The Superior Court or its delegatee may in its discretion reschedule any subsequently scheduled mediation conference where the mediation fee is overdue until such time as the mediation fee has been paid.

(9) At the conclusion of a mediation conference, the mediator shall sign a mediation record that shall also be cosigned by all parties present at the mediation conference and filed with the Superior Court. The mediation record shall be on such form as the Superior Court or its delegatee shall provide, shall allow the mediator to make recommendations, and shall state:

a. That the mediation process is complete due to the defendant’s failure to appear and that the foreclosure action may continue; or

b. That the defendant has failed to appear and an additional mediation conference is being scheduled for the next available mediation day at the plaintiff’s request and that no judgment may be entered in the foreclosure action until the day after such date; or

c. That an additional mediation conference is being scheduled for the next available mediation day due to the plaintiff’s failure to appear and that no judgment may be entered in the foreclosure action until the day after such date; or

d. That the mediation process was unsuccessful because the parties failed to come to agreement and that the foreclosure action may continue; or

e. That the parties have agreed to an additional mediation conference scheduled for a date specified and that no judgment may be entered in the foreclosure action until the day after such date; or

f. That the parties have reached a mutually agreeable resolution, that the plaintiff agrees that no entry of default judgment will be sought pending the execution of documents memorializing the agreement of the parties, and that the plaintiff will seek to dismiss the foreclosure action upon such execution (or, in the case of a trial mortgage modification, upon the conversion of the trial mortgage modification to a permanent mortgage modification) or take such other actions as may be authorized by the Superior Court; or

g. That the case is not suitable for mediation because:

1. There was improper service of the complaint or of the notices required under this section or under § 5062B of this title, and a new mediation conference will be scheduled after proper service has been made, and no judgment may be entered in the foreclosure action until the day after such date of such new mediation conference; or

2. A bankruptcy petition has been filed, mediation is not permitted to continue in accordance with paragraph (i)(12) of this section, and upon termination of the automatic stay, plaintiff shall request that a mediation conference be scheduled and no judgment may be entered in the foreclosure action until the day after such date of such new mediation conference; or

3. The subject property is not an owner-occupied 1- to 4-family primary residence and that the foreclosure action may continue; or

4. Such other reasons as the mediator shall state; or

h. That the mediator is recommending that the foreclosure action be dismissed due to the plaintiff’s failure to appear for 2 successive mediation conferences; or

i. Such other resolutions as may be agreed to by the parties.

(10) If no mediation record is signed by all parties present at the mediation conference, the mediator shall file a mediation record with the Superior Court stating that the mediation process was unsuccessful or such other recommendations as the mediator deems appropriate.

(11) The Superior Court or its delegatee may arrange a program to allow for volunteer attorneys to provide legal representation to homeowners at mediation conferences.

(12) Where a bankruptcy petition has been filed, mediation shall not be permitted to continue unless either:

a. The automatic stay has been lifted or modified with respect to the defendant’s mortgage obligation to the plaintiff; or

b. Mediation is permitted to proceed pursuant to an order or directive of a bankruptcy court. Where the mediation process has previously been cancelled as the result of the filing of a bankruptcy petition but is subsequently permitted to proceed under this subparagraph, plaintiff shall request that a mediation conference be scheduled and no judgment may be entered in the foreclosure action until the day after such date of such new mediation conference.

(j) If a mediation conference has been scheduled, the parties may cancel the conference by mutual agreement by filing with the Superior Court or its delegatee a mediation cancellation record signed by each party and the mediator. The mediator shall be permitted to sign a mediation cancellation record on behalf of a party if the mediator discusses the terms of the mediation cancellation record with such party and receives authority from such party to sign on its behalf. Such authority may be granted verbally or in writing. The mediation cancellation record shall be on such form as the Superior Court or its delegatee shall provide, shall allow the mediator to make recommendations, shall state that the parties have agreed that the scheduled mediation conference is not necessary, and shall state any other resolutions as may be agreed to by the parties.

(k) A plaintiff shall not be entitled to attorneys’ fees for time spent in a mediation conference if the Court finds that the plaintiff has failed to comply with subsection (i) of this section, or if the plaintiff has requested that the mediation conference be rescheduled due to plaintiff’s lack of preparation, or if the plaintiff has requested additional documents that were not included on the checklist provided pursuant to subsection (g) of this section, unless in each case the Court finds reasonable cause for such failure. The mediator shall note any such fact in the mediator’s recommendations on the mediation record.

(l) The mediator may be an employee of the Superior Court, an employee of the Consumer Protection Unit of the Department of Justice, an employee of a nonprofit legal services entity organized in Delaware, or an independent mediator who may be compensated through the funds collected through the Automatic Residential Mortgage Foreclosure Mediation Program. The Superior Court or its delegatee shall determine the qualifications and training required of mediators and shall keep a list of mediators available to participate in the Automatic Residential Mortgage Foreclosure Mediation Program. Mediators will be assigned at the discretion of the Superior Court or its delegatee.

(m) (1) If the parties have reached a mutually agreeable resolution through the mediation process, the terms of the agreement will be memorialized in writing at the conclusion of the mediation conference or, in the case of a canceled mediation conference, promptly upon signing the mediation cancellation record. Promptly thereafter, the parties shall deliver to each other fully executed documents.

(2) Promptly upon receipt of documents executed by the defendant that reflect the agreement of the parties or, in the case of a trial mortgage modification, promptly upon the conversion of the trial mortgage modification to a permanent mortgage modification:

a. If no answer or motion for summary judgment has been filed by the defendant in the foreclosure action, plaintiff shall file a notice of dismissal with the Superior Court; or

b. If the defendant has filed an answer or motion for summary judgment in the foreclosure, plaintiff shall seek to obtain a stipulation of dismissal signed by all parties and file the stipulation with the Superior Court and, if such stipulation cannot be obtained, move for an order of the Superior Court dismissing the foreclosure action.

(3) If the documents fail to reflect a party’s understanding of the agreement reached between the parties or if a party fails to execute the documents or if the terms of a trial modification are not satisfied, either party may request that an additional mediation conference be scheduled.

(4) With respect to foreclosure actions subject to this section that have reached a mutually agreeable resolution through the mediation process or otherwise and recorded such fact in the mediation record at the conclusion of a mediation conference or in a mediation cancellation record, notwithstanding any provisions of the Delaware Code to the contrary, no judgment may be entered unless an additional mediation conference has been scheduled pursuant to paragraph (m)(3) of this section, and the date for such additional mediation conference has passed.

(n) Notwithstanding any provisions of the Delaware Code to the contrary, no judgment may be entered in any action subject to this section for which a mediation conference has been scheduled until the day after the date for which such mediation conference has been scheduled.

(o) If seeking a default judgment in an action subject to this section, the plaintiff or plaintiff’s counsel must have provided proper service of the notices required under subsection (c) of this section and under § 5062B(a)(3)a. of this title.

(p) None of the plaintiff’s or defendant’s rights in the foreclosure action shall be waived by participation in the Automatic Residential Mortgage Foreclosure Mediation Program.

(q) The Automatic Residential Mortgage Foreclosure Mediation Program shall be funded with the mediation fees collected pursuant to paragraphs (e)(3) and (i)(8) of this section. The Superior Court shall set the amount of the mediation fee in an amount to approximate and reasonably reflect the costs necessary to defray the expenses in whole or in part of the Automatic Residential Mortgage Foreclosure Mediation Program. The Superior Court or its delegatee shall collect the mediation fees and disburse funds from the collection of such fees to pay mediators, administrative expenses and other operating costs of the program. Any funds remaining from the collection of mediation fees in excess of the Automatic Residential Mortgage Foreclosure Mediation Program’s direct operating costs in the immediately preceding quarter may be distributed to reimburse any Delaware-based HUD-approved housing counseling agencies or nonprofit legal services entity organized in Delaware that have provided assistance in the Automatic Residential Mortgage Foreclosure Mediation Program for a portion of their costs of participating in the program.

(r) The Superior Court may, by rule, administrative directive, or otherwise, make all necessary rules respecting the Automatic Residential Mortgage Foreclosure Mediation Program. For example, the Superior Court may allow for the use of Delaware nonprofit legal service providers in addition to the use of HUD-approved housing counselors wherever the use of HUD-approved housing counselors is required or permitted under this section. Nothing in this legislation shall impair the authority of the Superior Court to institute procedures to manage its caseload.

(s) As necessary to remain consistent with the purpose of the Automatic Residential Mortgage Foreclosure Mediation Program and related state and federal foreclosure prevention programs, the Superior Court may by rule adjust the mechanics of the Automatic Residential Mortgage Foreclosure Mediation Program set forth in this section.

(t) The Superior Court or its delegatee shall collect and compile statistics on the effectiveness of the Automatic Residential Mortgage Foreclosure Mediation Program, which shall be made available to the public on a periodic basis. The entity responsible for the compilation of statistics shall be provided with copies of all Certificates of Participation, all mediation records, and all mediation cancellation records. Parties shall provide the entity responsible for the compilation of statistics with such nonprivileged information as may be necessary to evaluate or report on the effectiveness of the Automatic Residential Mortgage Foreclosure Mediation Program.

(u) This section applies to mortgage foreclosure actions commenced on or after January 19, 2012.

(v) [Repealed.]
10 Del. C. § 6102 — Delaware Code / Title 10 / Chapter 61 / Section 6102
§ Â
        6102. Jurisdiction of Superior Court; filing of complaint.
Status: in_force

All condemnation proceedings within the State shall be commenced by filing a complaint as provided in this chapter in the Superior Court in and for the county where the property is located, or if part of such property is situated in 1 county and part in another, then in either county. The Superior Court shall have exclusive jurisdiction of all condemnation proceedings.
10 Del. C. § 1330 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1330
§ Â
        1330. Proceedings pending at time of effective date of this chapter; books, records and papers.
Status: in_force

(a) All suits, proceedings and matters pending, at the time this chapter becomes effective, in the Courts of Common Pleas for New Castle, Kent and Sussex Counties, as heretofore constituted, shall be proceeded within the Court hereby established and all the books, records and papers of the Courts as heretofore constituted, shall be the books, records and papers of the Court hereby established.

(b) All information, proceedings and matters of a criminal nature pending in the former Courts of Common Pleas for New Castle, Kent and Sussex Counties, respectively, at the time this chapter becomes effective, and all books, records and papers of such former Courts shall be transferred to the Court hereby established, and such information, proceedings and matters pending shall be proceeded with to final judgment and determination in the Court hereby established.
10 Del. C. § 4318 — Delaware Code / Title 10 / Chapter 43 / Subchapter I / Section 4318
§ Â
        4318. Compassionate communications.
Status: in_force

(a) For purposes of this section:

(1) “Health care provider” means any person licensed or certified by the State of Delaware to deliver health care services, including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of such person acting in the course and scope of employment or agency related to health care services.

(2) “Unanticipated outcome” means the result of a medical treatment or procedure that differs from an expected medical result.

(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence, or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care, that is made to the person, the person’s family, or a friend of the person or of the person’s family, with the exception of the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.
10 Del. C. § 1309 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1309
§ Â
        1309. Appointment of Clerks and other officers; terms [Transferred].
Status: in_force

Transferred to § 1311 of this title.
10 Del. C. § 513.  — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 513. 
§ Â
        513. . Assignment of retired Commissioners to active duty.
Status: in_force

(a) The President Judge, with the approval of the Chief Justice of the Supreme Court, may designate a retired Commissioner to serve temporarily in the Superior Court if all of the following apply:

(1) The retired Commissioner was serving in good standing as a Commissioner at the time of retirement.

(2) The retired Commissioner assents to such designation.

(3) The retired Commissioner is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including the private practice of law, holding of any state office, or employment by the State in any capacity.

(b) (1) The Superior Court shall compensate a retired Commissioner who accepts an active duty designation on a per diem basis on the formula representing 1/260 of the annual salary for a Commissioner. The per diem pay for a retired Commissioner may not exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29 and the total annual compensation of a retired Commissioner may not equal or exceed the current annual salary for a Commissioner.

(2) The Superior Court shall reimburse a retired Commissioner who accepts an active duty designation for travel necessarily incurred for the performance of such active duty. The President Judge must approve travel by a retired Commissioner who accepts an active duty designation before reimbursement is permitted.

(c) The Superior Court shall make expenditures for work performed under this section from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose.
10 Del. C. § 7383 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7383
§ Â
        7383. Assigneeâs bond.
Status: in_force

(a) The assignee shall, as soon as the inventory and appraisement required by § 7382 of this title have been filed, give bond with sufficient surety, to be approved by the Court of Chancery in an amount fixed by the Court, being not less than the total amount of inventory and appraisement of the estate so assigned. The bond shall be taken in the name of the State, and the condition thereof shall be as follows:

“The condition of this obligation is such, that if the above bounden assignee of shall in all things comply with the provisions of this chapter, and shall faithfully execute the trust confided to him or her, then the above obligation to be void, otherwise to remain in full force and virtue.”

(b) To the bond there shall be subjoined a warrant of attorney to confess judgment thereon, and the bond and warrant shall be joint and several, and such bond shall be filed in the office of the Register in Chancery of the county in which the inventory and appraisement were filed, and shall inure to the use of all persons interested in the property assigned.
10 Del. C. § 5802 — Delaware Code / Title 10 / Chapter 58 / Section 5802
§ Â
        5802. Purpose of the chapter.
Status: in_force

The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitrators, and to ensure rapid resolution of those business disputes. This chapter is intended to provide an additional option by which sophisticated entities may resolve their business disputes. Therefore, nothing in this chapter is intended to impair the ability of entities to use other arbitral procedures of their own choosing, including procedures that afford lengthier proceedings and allow for more extensive discovery.
10 Del. C. § 8140 — Delaware Code / Title 10 / Chapter 81 / Section 8140
§ Â
        8140. Liability of persons involved in equine activities.
Status: in_force

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

(1) a. “Engages in an equine activity” means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management.

b. “Engages in an equine activity” does not include being a spectator at an equine activity, except in cases where the spectator places such spectator’s person in an unauthorized area and in immediate proximity to the equine activity;

(2) “Equine” means a horse, pony, mule, donkey or hinny;

(3) “Equine activity” means:

a. Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;

b. Equine training or teaching activities, or both;

c. Boarding equines;

d. Riding, inspecting or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine;

e. Rides, trips, hunts or other equine activities of any type, however informal or impromptu, that are sponsored by an equine activity sponsor; and

f. Placing or replacing horseshoes on an equine;

(4) “Equine activity sponsor” means an individual, group, club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for an equine activity, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas at which the activity is held;

(5) “Equine professional” means a person engaged for compensation:

a. In instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; or

b. In renting equipment or tack to a participant;

(6) “Inherent risks of equine activities” means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

a. The propensity of an equine to behave in ways that may result in injury, harm or death to persons on or around them;

b. The unpredictability of an equine’s reaction to such things as sounds, sudden movements, and unfamiliar objects, persons or other animals;

c. Certain hazards such as surface and subsurface conditions;

d. Collisions with other equines or objects; and

e. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant’s ability;

(7) “Participant” means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

(b) Except as provided in subsection (c) of this section, an equine activity sponsor, an equine professional or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in subsection (c) of this section, no participant or participant’s representative shall make any claim against, maintain an action against or recover from an equine activity sponsor, an equine professional or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of equine activities.

(c) (1) This section shall not apply to the horse racing industry as regulated in Title 3.

(2) Nothing in subsection (b) of this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional or person:

a. 1. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or

2. Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant’s representations of the participant’s ability;

b. Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional or person and for which warning signs have not been conspicuously posted;

c. Commits an act or omission that constitutes wilful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or

d. Intentionally injures the participant.

(3) Nothing in subsection (b) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional under either product liability or trespass claims.

(d) (1) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph (d)(2) of this section. Such signs shall be placed in clearly visible locations on or near stables, corrals or arenas where the equine professional conducts equine activities if such stables, corrals or arenas are owned, managed or controlled by the equine professional. The warning notice specified in paragraph (d)(2) of this section shall appear on the sign in red and white, with each letter to be a minimum of 1 inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s business, shall contain in clearly readable print the warning notice specified in paragraph (d)(2) of this section.

(2) The signs and contracts described in paragraph (d)(1) of this section shall contain the following warning notice:

WARNING

Under Delaware law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to 10 Delaware Code § 8140.
10 Del. C. § 9548 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9548
§ Â
        9548. Form of execution process.
Status: in_force

The form of execution process will be as prescribed by the Court and shall be issued in the manner provided by law.
10 Del. C. § 123 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 123
§ Â
        123. Court reporter; stenographic and clerical assistants.
Status: in_force

The Supreme Court may from time to time employ a court reporter and such additional stenographic and clerical assistants as may be necessary for the proper operation of the Court. Any such persons shall receive for their services such amounts as the Supreme Court shall from time to time determine.
10 Del. C. § 6603 — Delaware Code / Title 10 / Chapter 66 / Section 6603
§ Â
        6603. Jurisdiction; procedure for approval of transfers.
Status: in_force

(a) The Superior Court shall have nonexclusive jurisdiction over any application for authorization, under § 6601 of this title, of a transfer of structured settlement payment rights, except that if the structured settlement payment rights are held by a trustee, the Court of Chancery shall have exclusive jurisdiction over any application for authorization of a transfer of such rights.

(b) Not less than 20 days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under § 6601(2) of this title, the transferee shall file with the Court and serve on any other government authority which previously approved the structured settlement and on all interested parties a notice of the proposed transfer and application of its authorization, including in such notice:

(1) A copy of the transferee’s application;

(2) A copy of the transfer agreement;

(3) A copy of the disclosure statement required under § 6601(2) of this title;

(4) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the Court or responsible administrative authority or by participating in the hearing; and

(5) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than 15 days after service of the transferee’s notice) in order to be considered by the Court or responsible administrative authority.

(c) Those parties, persons and officials named in § 6603(b) of this title shall have standing to raise, appear and be heard on any matter relating to an application for authorization of a transfer of structured settlement payment rights under this chapter.

(d) In cases where the payee shall not be represented by counsel, or where the payee and the transferee shall be represented by the same counsel, and the Court, in the exercise of its reasonable discretion, finds that the payee does not adequately comprehend the substance of the transaction, the Court may appoint an attorney ad litem who shall advise the Court if, in their opinion, the requirements of § 6601 of this title have been met. The costs and fees incurred by such attorney ad litem shall be borne by the payor or transferee and shall not be passed on to the payee or deducted from the payee’s structured settlement agreement proceeds, provided that such costs do not exceed $500.
10 Del. C. § 6301 — Delaware Code / Title 10 / Chapter 63 / Section 6301
§ Â
        6301. Definition.
Status: in_force

For the purposes of this chapter, “joint tortfeasors” means 2 or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
10 Del. C. § 4708 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4708
§ Â
        4708. Supreme Court judgments.
Status: in_force

A final judgment of the Supreme Court, given upon the reversal of a judgment of the Superior Court, shall bind real estate in the county wherein were the proceedings in the Court below, from the date of entering it in the Supreme Court, if, the record being remanded, the judgment is entered upon the docket of the Court below within 20 days after such date. If the judgment is not so entered within such time, it shall be a lien only from the time of entering it upon the docket of the Court below.
10 Del. C. § 5211 — Delaware Code / Title 10 / Chapter 52 / Section 5211
§ Â
        5211. Determining United States dollar value of foreign-money claims for limited purposes.
Status: in_force

(a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.

(b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections (c) and (d) of this section.

(c) A party seeking process, costs, bond or other undertaking under subsection (b) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs or an application for a bond or other court-required undertaking.

(d) A party seeking the process, costs, bond or other undertaking under subsection (b) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
10 Del. C. § 372 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 372
§ Â
        372. Power to appoint Magistrates in Chancery.
Status: in_force

(a) Unless expressly prohibited by a statute pursuant to which a particular cause has been initiated in the Court of Chancery, the Court of Chancery may, in any cause pending in the Court of Chancery of this State, appoint a Magistrate in Chancery, pro hac vice.

(b) The Court may make and promulgate rules regulating the duties and compensation of Magistrates in Chancery appointed under subsection (a) of this section, and regulating the practice in all particulars relating to such Magistrates in Chancery. The compensation of such Magistrates in Chancery shall be paid under the rules of court by the parties to the causes in which they are appointed.
10 Del. C. § 2103 — Delaware Code / Title 10 / Chapter 21 / Section 2103
§ Â
        2103. Sheriffs and regular deputies.
Status: in_force

Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court.
10 Del. C. § 4976 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4976
§ Â
        4976. Deed of sheriffâs sale.
Status: in_force

Upon confirmation by the court of any sale of lands and tenements, made by virtue of execution process, the sheriff, or officer making the sale, shall execute, acknowledge and deliver to the purchaser a good and sufficient deed for the premises so sold.
10 Del. C. § 5324 — Delaware Code / Title 10 / Chapter 53 / Subchapter II / Section 5324
§ Â
        5324. Non-Christians.
Status: in_force

A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person’s religion, if there be any such.
10 Del. C. § 7302 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7302
§ Â
        7302. Contents of petition.
Status: in_force

The petition for discharge shall set forth the imprisonment and the cause thereof, the insolvency of the petitioner, a full and true account of all the petitioner’s real and personal estate, debts, credits, rights, money, and effects whatsoever, with the sums and dates of all the petitioner’s bonds, notes, or other securities, and a true list, according to the best of the petitioner’s knowledge and belief, of all the petitioner’s creditors, with the sums due to them respectively. If the petitioner at any time has given, conveyed, assigned, settled, or disposed of money, stock, or property of any kind, upon trust, it shall be mentioned.
10 Del. C. § 9506 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9506
§ Â
        9506. Civil contempt; penalty.
Status: in_force

A justice of the peace shall have the power to punish by fine not exceeding $100, or by imprisonment not exceeding 170 days, any disobedience or resistance to his or her lawful writ, process, order or rule.

Any disobedience or resistance to the lawful writ, process, order or rule of a justice of the peace shall be punished as a civil contempt only, and any person imprisoned for such disobedience or resistance shall be discharged from such imprisonment upon satisfying the justice that he or she has obeyed the writ, process, order or rule, or is prepared to do so.
10 Del. C. § 6010 — Delaware Code / Title 10 / Chapter 60 / Section 6010
§ Â
        6010. Costs, attorneysâ fees, and expenses.
Status: in_force

(a) On a motion under § 6003 of this title, the court shall award court costs, reasonable attorneys’ fees, and reasonable litigation expenses related to the motion:

(1) To the moving party if the moving party prevails on the motion; or

(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

(b) On a motion under § 6003 of this title, the court shall award punitive damages to the moving party if:

(1) The moving party prevails on the motion; and

(2) The court finds that the moving party has demonstrated that the responding party’s cause of action was commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting the moving party’s free exercise of speech, petition, or association rights.
10 Del. C. § 5122 — Delaware Code / Title 10 / Chapter 51 / Section 5122
§ Â
        5122. Attachment for rent.
Status: in_force

Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs.
10 Del. C. § 7203 — Delaware Code / Title 10 / Chapter 72 / Section 7203
§ Â
        7203. Commencement of action; procedure.
Status: in_force

(a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition in the Superior Court in the county where the petitioner resides, the respondent resides, or the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred asking the Court to issue a protective order against the respondent.

(b) A petition seeking relief under this chapter may be filed by any of the following:

(1) A person who is a victim of non-consensual sexual conduct or non-consensual sexual penetration including a single incident of non-consensual sexual conduct or non-consensual sexual penetration.

(2) A person who is acting on behalf of any of the following persons who is a victim of non-consensual sexual conduct or non-consensual penetration:

a. A minor child.

b. A “vulnerable adult” as defined by § 1105(c) of Title 11.

c. Any adult other than a vulnerable adult who, because of age, disability, health, or inaccessibility, is unable to file the petition.

(c) The petitioner need not reveal a temporary place of residence, school or employment, or the address or place where the petitioner’s child or children receive child care or attend school, if it is alleged that disclosure of this information would endanger the petitioner. The petitioner may request the court keep in confidence the petitioner’s current address or place of residence.

(d) The Prothonotary of the Superior Court shall make forms and instructions for initiating a proceeding under this chapter available to the public.

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

(f) A filing fee may not be charged for proceedings under this chapter.

(g) A person under the age of 18 who is 16 years of age or older may seek relief under this chapter without being required to seek relief by a guardian ad litem.

(h) An action may not be brought or maintained under this chapter against an individual who is under 18 years of age.

(i) The Court may, if it deems necessary, appoint a guardian ad litem or an attorney to represent a petitioner or respondent to an action under this chapter.

(j) A petition for relief under this chapter may be filed regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties or whether or not criminal charges have been brought against the respondent for the acts giving rise to the petition.

(k) The petition must be filed within 1 year of the date upon which the respondent made the most recent statements or engaged in conduct which caused the petitioner to have a reasonable fear prompting a need for relief. For purposes of computing the 1-year period, the following circumstances will toll the time period:

(1) Any time during which the respondent is incarcerated.

(2) Any time during which the respondent is residing more than 100 miles from the petitioner’s residence.

(3) Any time during which the respondent is the subject of a noncontact order relating to petitioner.

(l) Monetary damages are not recoverable as a remedy.
10 Del. C. § 5095 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIV / Section 5095
§ Â
        5095. Mistaken identity of judgment debtor.
Status: in_force

Where a judgment is entered upon the wrong person by any court by reason of mistaken identity, that person shall at any time after the entry be permitted to petition the court that entered the judgment to challenge the validity of the judgment entered against him or her. If the court determines that a judgment against such person was erroneously entered, the court shall issue an order correcting the error in whatever manner it deems appropriate to correct the mistake, including the release of any liens against real estate and personal property.
10 Del. C. § 5715 — Delaware Code / Title 10 / Chapter 57 / Section 5715
§ Â
        5715. Modification or correction of award by Court.
Status: in_force

(a) Upon complaint or on application in an existing case made within 90 days after delivery of a copy of the award to the applicant, the Court shall modify or correct the award where:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or,

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

(b) If the application is granted, the Court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the Court shall confirm the award as made.

(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
10 Del. C. § 9573 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9573
§ Â
        9573. Execution upon striking of appeal.
Status: in_force

(a) Whenever an appeal is struck off, the justice shall, upon application of the creditor, issue execution upon the judgment with the costs on the appeal added, against both defendant and sureties, as is provided in §§ 9547 and 9548 of this title, respecting other sureties of record.

(b) If it appears by the return to such execution that no goods can be found sufficient to satisfy the same or any balance thereof exceeding $5.00, besides interest and costs, the appellee, or the appellee’s executors or administrators may file a duly certified transcript of the docket entries of the judgment and execution with the prothonotary of the Superior Court in the county where such judgment was given. The prothonotary shall enter in the judgment docket the name of the party and sureties, the amount of the judgment, and by what justice rendered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry, and such judgment so transferred shall from that date become and be a lien on all the real estate of the debtor and the surety in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of the Court.

(c) Any joint debtor or surety shall be entitled to the remedies provided by subchapter II of Chapter 77 of Title 18.
10 Del. C. § 6008 — Delaware Code / Title 10 / Chapter 60 / Section 6008
§ Â
        6008. Ruling.
Status: in_force

The court shall rule on a motion under § 6003 of this title not later than 60 days after a hearing under § 6005 of this title.
10 Del. C. § 3916 — Delaware Code / Title 10 / Chapter 39 / Section 3916
§ Â
        3916. Proof of agency in operation of motor vehicle.
Status: in_force

In any action arising out of the operation of any vehicle, in which it is alleged that the operator of the vehicle was a servant, agent or employee of the defendant or defendants, the plaintiff may specifically require the defendant or defendants to deny the allegation that the operator of the vehicle was a servant, agent or employee of the defendant or defendants by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging that the operator of the vehicle was a servant, agent or employee of defendant or defendants. Any defendant so answering shall deny that the operator of the vehicle was operating the vehicle at the time of the occurrence as a servant, agent or employee of the answering defendant, and/or deny that the operator of the vehicle was operating the vehicle in and about the course of duties as a servant, agent or employee of the answering defendant and set forth the factual basis for the denial. Where plaintiff has complied with this section, failure of a defendant to file an affidavit with the answer shall be deemed an admission that the operator of the vehicle was a servant, agent or employee of the defendant.
10 Del. C. § 4707 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4707
§ Â
        4707. Justice of the peace and Court of Common Pleas judgments.
Status: in_force

Sections 4702-4706 of this title do not extend to judgments before a justice of the peace or to judgments of the Court of Common Pleas.
10 Del. C. § 2314 — Delaware Code / Title 10 / Chapter 23 / Section 2314
§ Â
        2314. Advance costs.
Status: in_force

The prothonotary shall require the advance payment of costs as provided in §§ 3102 and 8705 of this title.
10 Del. C. § 4904 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4904
§ Â
        4904. Claim of exemption by spouses.
Status: in_force

All exemptions of property from judgment lien, execution or forced sale allowed by law to the head of the family may be claimed by both spouses jointly, or by either with the written consent of the other, or half of the exemptions may be claimed by each spouse; but in no case shall both spouses be entitled each to all exemptions allowed by law to the head of a family.
10 Del. C. § 7121 — Delaware Code / Title 10 / Chapter 71 / Section 7121
§ Â
        7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.
Status: in_force

(a) Where the Court after trial determines that a premises or appropriate portion or portions thereof pursuant to § 7111 of this title constitutes a nuisance, the Court shall order the closure of the premises. No such closure shall be granted unless, in the totality of the circumstances, no less onerous penalty is likely to provide for the abatement of the nuisance. Further, no order of closure shall occur if the Court is clearly convinced that any vacancy resulting from the closure would exacerbate rather than abate the nuisance or would otherwise be extraordinarily harmful to the community or the public interest. In determining whether closure is the least onerous penalty, the Court shall consider:

(1) Whether any previously agreed upon abatement plan, consent order, or other steps taken by a defendant have abated the nuisance;

(2) The duration that any nuisance has existed on the premises and whether any court has previously found the existence of a nuisance on the premises;

(3) The severity of the nuisance;

(4) Whether the defendant has the ability to control the conduct on the premises or the ability to abate the nuisance;

(5) The impact of the continuation of the nuisance upon any neighborhood or community organization; and

(6) The position of any community or civic association which represents the communities in which the premises are located.

(b) The Court at any time after trial may vacate the provisions of the judgment that direct the closing of the premises or any portion thereof provided that the defendant submits clear and convincing proof to the Court that the nuisance has been satisfactorily abated and is not likely to recur. In determining whether the nuisance has been satisfactorily abated and is not likely to recur, the Court shall consider the nature, severity and duration of the nuisance and all other relevant factors, including but not limited to those factors set forth in § 7113 of this title.
10 Del. C. § 4510 — Delaware Code / Title 10 / Chapter 45 / Section 4510
§ Â
        4510. Selection and summoning of jury panels.
Status: in_force

(a) Prospective jurors shall be selected randomly from the qualified jury wheel or from the master list for assignment to grand, petit and special jury panels from time to time as needed.

(b) The clerk shall cause each person selected for jury service to be served with a summons, either personally, or by mail addressed to the person’s usual residence, business or post office address, requiring the person to report for jury service at a specified time and place. Any person who fails to appear as directed may be ordered by the Court to appear and show cause for failure to do so.

(c) If there is an unanticipated shortage of available jurors, the Court may require the sheriff to summon a sufficient number of jurors selected in a manner prescribed by the Court.
10 Del. C. § 4702 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4702
§ Â
        4702. Time of binding lands.
Status: in_force

A judgment shall bind lands only from the time of actually entering or signing it, and not by relation from the first day of the term in or of which it is entered.
10 Del. C. § 7114 — Delaware Code / Title 10 / Chapter 71 / Section 7114
§ Â
        7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.
Status: in_force

(a) In case the existence of facts, circumstances and/or conditions that would constitute any criminal nuisance is established in a criminal proceeding in any court of competent jurisdiction, the Attorney General shall proceed promptly to enforce the provisions and penalties of this chapter, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the criminal nuisance.

(b) All moneys collected under this chapter, including but not limited to proceeds of the sale of personal property, as provided in § 7113 of this title, shall first be applied in payment of the costs of the action and abatement and then in payment of reasonable attorney fees. In the event the action is brought by the Attorney General, all moneys collected in excess of costs and reasonable attorney fees shall be paid to the Special Law Enforcement Assistance Fund, as established in §§ 4110-4116 of Title 11. In actions brought under this chapter by a county or municipality, all moneys collected in excess of costs and reasonable counsel fees shall be paid to said county or municipality. In all actions brought under this chapter by a person or persons other than noted above, all moneys collected in excess of costs, reasonable attorney fees and damage awards shall be paid to the Special Law Enforcement Assistance Fund.
10 Del. C. § 1049J — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049J
§ Â
        1049J. Enforcement of Canadian domestic-violence protection order by the Court.
Status: in_force

(a) The Court may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of 1 of the following:

(1) A person authorized by law of this State other than this part to seek enforcement of a domestic protection order.

(2) A respondent.

(b) In a proceeding under subsection (a) of this section, the Court shall follow the procedures of this State for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order as described in § 1049H of this title.

(c) A Canadian domestic-violence protection order is enforceable under this section if all of the following apply:

(1) The order identifies a protected individual and a respondent.

(2) The order is valid and in effect.

(3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court.

(4) The order was issued after 1 of the following:

a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.

b. In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.

(d) A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section.

(e) A claim that a Canadian domestic-violence protection order does not comply with subsection (c) of this section is an affirmative defense in a proceeding seeking enforcement of the order. If the Court determines that the order is not enforceable, the Court shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and § 1049I of this title and may not be registered under § 1049K of this title.

(f) This section applies to enforcement of a provision of a Canadian domestic-violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply:

(1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court.

(2) The issuing court made specific findings that entitled the party to the enforcement sought.
10 Del. C. § 5810 — Delaware Code / Title 10 / Chapter 58 / Section 5810
§ Â
        5810. Confirmation of a final award; judgment on final award.
Status: in_force

(a) Unless a challenge is taken under § 5809 of this title or unless an agreement provides for appellate review by 1 or more arbitrators, a final award, without further action by the Court of Chancery of the State, is deemed to have been confirmed by the Court of Chancery on the fifth business day following the period for challenge under § 5809(b) of this title. If an agreement provides for no appellate review of a final award, the final award is deemed to have been so confirmed on the fifth business day following its issuance.

(b) Except if a final award is solely for money damages, upon application to the Court of Chancery of the State by a party to an arbitration in which a final award has been confirmed under subsection (a) of this section, the Court of Chancery shall promptly enter a final judgment in conformity with that final award. A final judgment, so entered, has the same effect as if rendered in an action by the Court of Chancery.

(c) If a final award is solely for money damages, upon application to the Superior Court of the State by a party to an arbitration in which a final award has been confirmed under subsection (a) of this section, the prothonotary of the Superior Court shall promptly enter a judgment on the judgment docket in conformity with that final award. The prothonotary of the Superior Court shall enter in the judgment docket the names of the parties, the amount of the final award, the time from which interest, if any, runs, and the amount of the costs, with the true date of the filing and entry. A final judgment, so entered, has the same force and effect as if rendered in an action at law, and, from that date, becomes and is a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of the Superior Court.
10 Del. C. § 4783 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4783
§ Â
        4783. Notice of filing.
Status: in_force

(a) At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s attorney shall make and file with the prothonotary an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the prothonotary shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall make a note of such mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the prothonotary. Lack of a mailing of the notice of filing by the prothonotary shall not affect the enforcement proceedings, if proof of mailing by the judgment creditor has been filed.

(c) No execution, or other process for enforcement of a foreign judgment filed hereunder, shall issue until 20 days after the judgment is filed.
10 Del. C. § 6108 — Delaware Code / Title 10 / Chapter 61 / Section 6108
§ Â
        6108. Trial; choice of commissioners; viewing property.
Status: in_force

(a) After the time has expired for answering a complaint under this chapter, and all preliminary questions of law disposed of, the cause shall be placed upon the regular trial calendar of the Superior Court for trial.

(b) Prior to the trial date the Court shall submit to the appearing parties a list of 11 proposed commissioners, who are impartial, disinterested and judicious citizens of the county where the real property is situated or the personal property is found, showing their full names and addresses. Thereafter, at a place and time designated by the Court, the plaintiff or plaintiffs shall (jointly, if more than 1), strike out 1 of the names, and then the defendant or defendants shall (jointly, if more than 1) strike out another, and so on until 8 names have been stricken out. If the plaintiff or plaintiffs or the defendant or defendants refuse to strike or do not attend the striking or cannot agree among themselves, then the Court or the prothonotary or the prothonotary’s deputy, if designated by the Court, shall strike, for the party or parties refusing to strike, to attend, or who cannot agree among themselves. After the opposing parties have stricken 8 names, the remaining 3 shall be the commissioners for the cause and the prothonotary shall thereupon deliver to the sheriff a certified list of the names of the 3 commissioners, with their addresses annexed to a writ commanding the sheriff to summon the 3 named persons as commissioners to attend the Superior Court for trial at a time fixed by the Court. The sheriff shall, thereupon, summon them according to the command of the writ and shall return the list with the writ.

(c) At the trial of the cause and before entering upon their duties, the 3 commissioners shall be sworn or affirmed faithfully and impartially to perform the duties assigned to them.

(d) The Court, in its discretion, may determine whether or not the commissioners shall view the premises and if a view is ordered shall designate the time therefor. The view, if ordered, shall be conducted under the supervision of the Court by the court bailiffs and the view shall not be considered as evidence but only for the purpose of better understanding the evidence presented at the trial, nor shall any testimony be taken at the view. This restraint shall not prevent the parties from designating and identifying the property during the view.

(e) At the trial any party may present competent and relevant evidence upon the issue of just compensation and all such evidence shall be given in the presence of the Court and the commissioners. The Court shall, during the course of the trial, determine all questions of law and the admissibility of all evidence. A religious corporation or religious body of this State as a party to a condemnation proceeding may present as competent or relevant testimony upon the issue of just compensation the reasonable costs as of the date of the taking of the church property, of erecting a new structure of substantially the same size and of comparable character and quality of construction as the acquired church structure, at some other suitable and comparable location to be provided by such religious corporation or body. The admissibility of such evidence is conditioned upon the religious corporation or religious body being a duly constituted legal corporation or body and using the acquired site as a church or place of religious worship; and upon the further condition that the new structure or building to be erected for religious worship shall be located within the county of this State in which the acquired site is located at the time of the taking of possession of said acquired site.

(f) If 1 of the 3 commissioners becomes incapacitated during the course of the trial, the remaining 2 shall have power to make the factual determination of just compensation.

(g) After all evidence is presented and the commissioners have been charged by the Court with the applicable law, they shall retire and in secret arrive at a determination of the amount to be awarded as just compensation for the respective parties in interest, and thereafter announce their awards in open court. Such awards shall be confirmed by the Court unless the commissioners have been guilty of misconduct in their proceedings, or unless they have made an improper award to any party in interest, whether based upon an error of fact or law, in which events the Court may, upon its own motion, or motion of any party filed and served within 5 days of the award, set aside the erroneous award in whole or in part, or modify it to conform to the facts as presented by the evidence, or to conform it with the law as announced by the Court. In the event the award is set aside in whole or in part, the Court may, in its discretion, recommit it to the commissioners with instructions.

(h) The final award, as confirmed or modified, may be reviewed by the Supreme Court as provided in this chapter.

(i) The prothonotary shall record the final award in a special docket to be maintained for that purpose.
10 Del. C. § 1302 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1302
§ Â
        1302. Judges; qualifications; residence; Chief Judge.
Status: in_force

(a) The Court shall consist of 9 Judges.

(b) The Judges must be citizens of the State and must have been actively engaged in the general practice of law in the State for at least 5 years.

(c) Five Judges shall be residents of New Castle County, 2 Judges shall be residents of Kent County, and 2 Judges shall be residents of Sussex County.

(d) The Judge appointed by the Governor as Chief Judge shall be the administrative head of the Court during the term of his or her appointment.
10 Del. C. § 9566 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9566
§ Â
        9566. Entry of judgment satisfaction by justice.
Status: in_force

Whenever it appears by the return to, or the proceedings upon, any execution, that a judgment is satisfied, the justice, who has the judgment docket, shall make an entry of the satisfaction thereon, if such return or proceedings are before him or her.
10 Del. C. § 2510 — Delaware Code / Title 10 / Chapter 25 / Section 2510
§ Â
        2510. Compensation.
Status: in_force

The compensation for the Chief Register in Chancery, the Registers in Chancery, and other employees of the Register in Chancery Office shall be as provided for in the annual Appropriations Act.
10 Del. C. § 7101 — Delaware Code / Title 10 / Chapter 71 / Section 7101
§ Â
        7101. Short title.
Status: in_force

This chapter shall be known as and may be cited as the “Criminal Nuisance Abatement Act”.
10 Del. C. § 8128 — Delaware Code / Title 10 / Chapter 81 / Section 8128
§ Â
        8128. Health care malpractice action limitations.
Status: in_force

No action for the recovery of damages upon a claim based upon alleged health care malpractice, whether in the nature of a tort action or breach of contract action, shall be brought after the expiration of the time period for bringing such action set forth in § 6856 of Title 18.
10 Del. C. § 8104 — Delaware Code / Title 10 / Chapter 81 / Section 8104
§ Â
        8104. Official bond.
Status: in_force

No action shall be brought upon the official obligation of any State Treasurer, Secretary of State, county treasurer, register of wills, recorder of deeds, Prothonotary, Clerk of the Peace, Register in Chancery, collector, or constable, against either the principal or sureties, after the expiration of 3 years from the accruing of the cause of such action.
10 Del. C. § 4932 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4932
§ Â
        4932. Wage claims as lien on real estate.
Status: in_force

No claim or debt for work, labor, or clerk hire as prescribed in § 4931(a) of this title, shall be a lien upon any real estate unless a copy of such claim or debt is filed in the prothonotary’s office of the county in which such real estate is situated, within 1 month after it has become due and owing, or is growing due and owing. Any person presenting a copy of such claim or debt to be filed in the prothonotary’s office shall accompany it with an affidavit stating that such debt or claim is just and true. The fee to the prothonotary for such service shall be 50 cents.
10 Del. C. § 6502 — Delaware Code / Title 10 / Chapter 65 / Section 6502
§ Â
        6502. Power to construe.
Status: in_force

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
10 Del. C. § 7008 — Delaware Code / Title 10 / Chapter 70 / Section 7008
§ Â
        7008. Wrongful Conviction Compensation Fund.
Status: in_force

(a) The Wrongful Conviction Compensation Fund ( “Fund” ) is created as a separate fund in the Office of the State Treasurer.

(b) The State Treasurer may receive money or other assets from any source for deposit into the Fund.

(c) The State Treasurer shall expend money from the Fund only for the purpose of paying claims authorized under this chapter and costs of administration. The State Treasurer shall pay money from the Fund in amounts and at the times as ordered by the Superior Court under this chapter.

(d) Money in the Fund at the close of a fiscal year must remain in the Fund and not revert to the General Fund.

(e) If there is insufficient money in the Fund to pay claims as ordered under this chapter, the State Treasurer shall pay claims that are ordered but not paid if money becomes available in the Fund, and pay those claims before subsequently ordered claims. The State Treasurer shall develop and implement a process to notify the General Assembly, Director of the Office of Management and Budget, and Controller General that money in the Fund may be insufficient to cover future claims when the State Treasurer reasonably believes that within 60 days the money in the Fund will be insufficient to pay claims. The process must, at a minimum, do all of the following:

(1) Identify a specific date by which the money in the Fund will become insufficient to pay claims.

(2) Outline a clear process indicating the order in which claims pending with the Fund will be paid.

(3) Outline a clear process indicating the order in which claims that were pending with the Fund when money became insufficient will be paid, if money subsequently becomes available.

(f) The State Treasurer shall report quarterly to the Joint Finance Committee, Controller General, and Director of the Office of Management and Budget all of the following as of the end of the quarter:

(1) All payments made from the Fund in the quarter, indicating for each payment whether it is for a new settlement or award or continued payment for a previous settlement or award.

(2) Any settlements that have been reached or awards that have been made for which payments have not been made.

(3) The number of actions in which an order or judgment has been entered denying the claim, and the reasons for each denial.

(4) The number of known claims for compensation under this chapter for which there are no final settlements or awards, indicating for each claim, if pending, the amount claimed and the potential payment.

(5) The balance in the Fund.
10 Del. C. § 1041 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1041
§ Â
        1041. Definitions.
Status: in_force

The following terms shall have the following meanings:

(1) “Abuse” means conduct which constitutes any of the following:

a. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in § 761 of Title 11.

b. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or another.

c. Intentionally or recklessly damaging, destroying, or taking the tangible property of another person, including:

1. Legal documents that are the property of another person.

2. Inflicting physical injury on any companion animal or service animal.

d. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response, including conduct that is directed towards any companion animal or service animal.

e. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court order.

f. Child abuse, as defined in Chapter 9 of Title 16.

g. Unlawful imprisonment, kidnapping, interference with custody, and coercion, as defined in Title 11.

h. Intentionally causing or attempting to cause an adult to be financially dependent by doing either or both of the following:

1. Maintaining overwhelming control over the individual’s financial resources, including withholding access to money or credit cards or forbidding attendance at school or employment without reasonable justification, and against the individual’s will.

2. Stealing or defrauding of money or assets, exploiting the victim’s resources for personal gain, or withholding physical resources such as food, clothing, necessary medications, or shelter.

i. Any other conduct which a reasonable person under the circumstances would find threatening or harmful.

j. 1. Any of the following acts when used as a method of coercion, control, punishment, or intimidation of a person who has a close bond of affection to the “companion animal” as defined in paragraph (1)j.2. of this section:

A. Inflicting or attempting to inflict physical injury on the companion animal.

B. Engaging in conduct which is likely to cause the person to fear that the companion animal will be physically injured.

C. Engaging in cruelty to the companion animal under § 1325 of Title 11.

2. “Companion animal” means an animal kept primarily for companionship instead of as any of the following:

A. A working animal.

B. A service animal as defined in § 4502 of Title 6.

C. An animal kept primarily as a source of income, including livestock as defined in § 7700 of Title 3.

k. “Human trafficking” as defined under § 787 of Title 11.

(2) “Domestic violence” means abuse perpetrated by 1 member against another member of the following protected classes:

a. Family, as that term is defined in § 901(12) of this title, regardless, however, of state of residence of the parties, or whether parental rights have been terminated; or

b. Former spouses; persons cohabitating together who are holding themselves out as a couple, with or without a child in common; persons living separate and apart with a child in common; or persons in a current or former substantive dating relationship. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a substantive dating relationship. Factors to consider for a substantive dating relationship may include the length of the relationship, or the type of relationship, or the frequency of interaction between the parties.

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

(4) “Petitioner” means:

a. A person who is a member of a protected class and files a petition alleging domestic violence against such person or against such person’s minor child or an adult who is impaired;

b. The Division of Child Protective Services acting in the interest of a minor child and files a petition alleging domestic violence; or

c. The Division of Adult Protective Services acting in the interest of an adult who is impaired and files a petition alleging domestic violence.

(5) “Protective order” means an order issued by the court to a respondent restraining said respondent from committing domestic violence against the petitioner, or a person in whose interest a petition is brought, and may include such measures as are necessary in order to prevent domestic violence.

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

(7) “Respondent” means the person alleged in the petition to have committed the domestic violence.
10 Del. C. § 5042 — Delaware Code / Title 10 / Chapter 49 / Subchapter IX / Section 5042
§ Â
        5042. Inventory of unsold goods and chattels.
Status: in_force

Where the levy, or return, by virtue of a fieri facias has been of goods and chattels unsold at the return day, the sheriff shall annex to the writ an inventory of each article of such goods and chattels.
10 Del. C. § 4812 — Delaware Code / Title 10 / Chapter 48 / Section 4812
§ Â
        4812. Effective date.
Status: in_force

(a) This chapter takes effect on June 28, 2011.

(b) This chapter applies to all actions commenced on or after June 28, 2011, in which the issue of recognition of a foreign-country judgment is raised.
10 Del. C. § 7107 — Delaware Code / Title 10 / Chapter 71 / Section 7107
§ Â
        7107. Affirmative defenses.
Status: in_force

It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State’s intent to bring a criminal nuisance abatement action regarding the premises. Examples of actions that are indicia of attempts to abate alleged criminal nuisances include but are not limited to:

(1) Sending or delivering a notice pursuant to § 5513 of Title 25 that the conduct of the tenant, or their guests or invitees, breaches a rule or covenant that is material to the rental agreement;

(2) Sending or delivering a termination notice pursuant to § 5513(a) or (b) of Title 25;

(3) Filing an action for summary possession of the rental unit;

(4) Seeking police intervention to have those responsible for the action prosecuted and actively assisting the police in efforts to prosecute those responsible for the actions or activities being complained of by the complainants.
10 Del. C. § 4986 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4986
§ Â
        4986. Payment into court of unclaimed proceeds from execution sale; disposition by court.
Status: in_force

Whenever the sheriff or any other officer cannot pay over the proceeds from sale under execution process because the person or persons entitled to the same or any part thereof is or are absent from the State, unknown or incompetent to receive the same or where there is any lien by mortgage, judgment or recognizance (not being the first) against the defendant, or some one or more of them, if there is more than 1, in the process referred to in § 4985 of this title, with condition other than for the payment of money, or for the payment of money as or in the nature of an annuity, or for the payment of interest to 1 or more persons during their lifetime and the principal at their death to some other person or persons, or otherwise, such proceeds from sale under execution process that cannot be paid over because the person or persons entitled to some or any part thereof is or are absent from the State, unknown or incompetent to receive the same, and such part of the proceeds of sale as shall be legally applicable to any such lien as set out above shall be paid into the court, out of which the process issued, and shall be invested by the court, or otherwise disposed of for the benefit of the parties interested, as shall be just and proper under the circumstances. Such payment into court shall discharge the officer selling the property from all liability for the money so paid.
10 Del. C. § 507 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 507
§ Â
        507. Purchase of supplies.
Status: in_force

The Superior Court may from time to time purchase for the Court such furniture, equipment, stationery and other supplies as may be requisite for the proper operation of the courtrooms, judicial chambers and other quarters used or occupied by the Judges, court officers and employees.
10 Del. C. § 2323 — Delaware Code / Title 10 / Chapter 23 / Section 2323
§ Â
        2323. Seal.
Status: in_force

The Prothonotary of New Castle County may from time to time replace the seal or seals of his or her office. When such replacement is made the old seal or seals shall be destroyed in the Prothonotary’s presence.
10 Del. C. § 5717 — Delaware Code / Title 10 / Chapter 57 / Section 5717
§ Â
        5717. Judgment roll; docketing with Register in Chancery.
Status: in_force

(a) On entry of judgment or decree in cases other than an award for money damages, the Register shall prepare the judgment roll consisting, to the extent filed, of the following:

(1) The agreement and each written extension of the time within which to make the award;

(2) The award;

(3) A copy of the order confirming, modifying or correcting the award; and

(4) A copy of the final judgment or decree.

(b) The judgment or decree may be docketed as if rendered in an action.
10 Del. C. § 5323 — Delaware Code / Title 10 / Chapter 53 / Subchapter II / Section 5323
§ Â
        5323. Affirmation.
Status: in_force

A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified.
10 Del. C. § 927 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 927
§ Â
        927. Exclusive jurisdiction over motor vehicle violations.
Status: in_force

(a) The Court shall have exclusive original civil jurisdiction in all proceedings in this State involving children charged with violating any of the following motor vehicle provisions of Title 21:

(1) Displaying or possessing fictitious registration cards, number plates or registration plates under § 2115(2) of Title 21;

(2) Operating a motor vehicle without motor vehicle insurance under § 2118, except that the Justice of the Peace Court shall have concurrent jurisdiction for purposes of dismissing a case if proof of insurance is shown pursuant to § 2118(b) or (p) of Title 21;

(3) Possessing a fictitious insurance identification card under § 2118A(a) of Title 21;

(4) Altering or forging a certificate of title, a manufacturer’s certificate of origin, a registration card, a vehicle warranty or certification sticker or a vehicle identification plate under § 2316 of Title 21;

(5) Fraud in obtaining a driver’s license, or display of a fraudulently altered license under § 2751 of Title 21;

(6) Driving while license is suspended or revoked under § 2756 of Title 21;

(7) Driving during a period of ineligibility under § 2758 of Title 21;

(8) Penalties under § 2971(a) of Title 21;

(9) Obedience to police officers under § 4103 of Title 21;

(10) Walking on a highway under the influence under § 4149 of Title 21;

(11) Speed exhibitions and drag racing under § 4172 of Title 21;

(12) Malicious mischief by motor vehicle under § 4172A of Title 21;

(13) Reckless driving under § 4175 of Title 21;

(14) Aggressive driving under § 4175A of Title 21, whether or not the predicate offenses required under that section are within the exclusive jurisdiction of the Family Court or not;

(15) Operation of a vehicle causing death under § 4176A of Title 21;

(16) Operation of vehicle while under the influence of intoxicating liquor or drug under § 4177 of Title 21;

(17) Driving after consumption of alcohol under § 4177L of Title 21;

(18) Operating a bicycle under the influence of drugs or alcohol and under § 4198J of Title 21;

(19) Duty of driver involved in accident resulting in injury or death to any person under § 4202 of Title 21;

(20) Duty to report accidents under § 4203 of Title 21;

(21) Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys under § 4601 of Title 21;

(22) Reporting of keys under § 4603 of Title 21;

(23) Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock-picking devices and hot wires under § 4604 of Title 21;

(24) Injuring vehicle without consent of owner under § 6701 of Title 21;

(25) Driving vehicle without consent of owner under § 6702 of Title 21;

(26) Tampering with vehicle under § 6703 of Title 21;

(27) Receiving or transferring stolen vehicle under § 6704 of Title 21;

(28) Removed, falsified or unauthorized identification number on vehicle or engine; removed or affixed license/registration plate with intent to misrepresent identity under § 6705 of Title 21;

(29) Possession of blank title, blank registration card, vehicle identification plate, warranty sticker and registration card under § 6708 of Title 21;

(30) Removal of warranty or certification stickers, vehicle identification plates, and confidential vehicle identification numbers under § 6709 of Title 21; and

(31) Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers under § 6710 of Title 21.

(b) Where appropriate, the Court has the power to impose the penalties provided for under § 6707 of Title 21.
10 Del. C. § 9552 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9552
§ Â
        9552. Time of binding of goods and chattels by execution; duration of lien.
Status: in_force

An execution shall not bind goods and chattels until it is delivered to the constable or other officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant, within the bailiwick of such constable or other officer which are actually levied upon within 30 days thereafter. No levy upon goods and chattels, made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same goods and chattels for a longer period than 3 years from the making of such first mentioned levy.
10 Del. C. § 5018 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5018
§ Â
        5018. Form of writ.
Status: in_force

(a) A writ of possession may be according to the following form:

County, ss. The State of Delaware, To the Sheriff of said County, greeting:

out of our (here insert the style of the court) in the said County, returnable to term, 20, at the suit of plaintiff vs. defendant; and have this writ, with your doings thereon certified, at our said Court to be held at ., on day of next.

Witness at the day of in the year of our Lord two thousand and

Prothonotary.

(b) If there is legal exception to the sheriff, the writ may be directed to a local law-enforcement officer.

(c) If the sale is by order of the Court of Chancery, omit from the word “execution” to the word “defendant,” both inclusive, and instead thereof insert, “an order of our Court of Chancery, at in a certain cause between plaintiff and defendant.” The writ may be adapted to the case by any necessary variation in the form.
10 Del. C. § 542 — Delaware Code / Title 10 / Chapter 5 / Subchapter III / Section 542
§ Â
        542. Powers generally.
Status: in_force

(a) The Superior Court shall have full power and authority to examine, correct and punish the contempts, omissions, neglects, favors, corruptions and defaults of all justices of the peace, sheriffs, clerks and other officers, within this State.

(b) The Court shall award process for levying all fines, forfeitures and amercements imposed, or recovered, in the Court.

(c) The Court shall minister justice to all persons, and exercise the jurisdictions and powers granted it, concerning the premises, according to law and equity.
10 Del. C. § 5304 — Delaware Code / Title 10 / Chapter 53 / Subchapter I / Section 5304
§ Â
        5304. Court appointees and surveyors.
Status: in_force

(a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to each other and to any surveyor, or person, by them employed, and to any witness produced before them, any oath or affirmation required or proper to be taken in the case.

(b) Every surveyor may administer the proper oath or affirmation to chain carriers acting under the surveyor.

(c) The form of the oath or affirmation required to be taken by persons so appointed or authorized, with directions for administering the same, shall accompany every commission, rule, or order issued out of any court.
10 Del. C. § 5121 — Delaware Code / Title 10 / Chapter 51 / Section 5121
§ Â
        5121. Investment of moneys paid into Superior Court.
Status: in_force

Costs incurred in the payment of money into the Superior Court or in its investment shall be payable out of the fund.
10 Del. C. § 2502 — Delaware Code / Title 10 / Chapter 25 / Section 2502
§ Â
        2502. Location of offices, necessary supplies and equipment.
Status: in_force

The State shall provide and assign office space and the necessary equipment and supplies for the Register in Chancery Office in each county of the State and whenever occasion requires, may change such space and assign different space.
10 Del. C. § 1017A — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1017A
§ Â
        1017A. Mandatory expungement; automatic.
Status: in_force

(a) A case that is eligible for mandatory expungement under § 1017 of this title is eligible for automatic expungement under this section.

(b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 1019 of this title to expunge the eligible records.

(c) The Department of Safety and Homeland Security may promulgate reasonable regulations necessary for the State Bureau of Identification to accomplish the purposes of this section.

(d) Nothing in this section precludes an individual from filing a petition for expungement of records under § 1017(a) of this title that are eligible for automatic expungement under this section if an automatic expungement has not occurred.

(e) An individual does not have a cause of action for damages as a result of the failure to identify an individual’s case as eligible for automatic expungement.
10 Del. C. § 4502 — Delaware Code / Title 10 / Chapter 45 / Section 4502
§ Â
        4502. Prohibition of discrimination.
Status: in_force

No person may be excluded from jury service in this State on account of race, color, religion, sex, national origin, economic status, or any other basis protected under Chapter 45 of Title 6.
10 Del. C. § 1075 — Delaware Code / Title 10 / Chapter 9 / Subchapter IV / Section 1075
§ Â
        1075. Definitions.
Status: in_force

For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Human immunodeficiency virus test” means a test or tests of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection, and includes preliminary screening.
10 Del. C. § 4507 — Delaware Code / Title 10 / Chapter 45 / Section 4507
§ Â
        4507. Jury selection plan.
Status: in_force

(a) The Court shall adopt a jury selection plan to carry out the policy and the provisions of this chapter. The Court may adopt separate plans and varying regulations for each county and for grand, petit and special juries, and may amend a plan at any time. The plan shall provide standards and methods for the selection and service of jurors, including but not necessarily limited to the following:

(1) The duties of clerks and the court administrator or other employees of the Court;

(2) The composition of source lists, including whether voter registration lists shall be supplemented with names from other sources;

(3) The selection of names for master lists;

(4) The content of the juror qualification form;

(5) The groups of persons or occupational classes whose members shall be excused from jury service upon request;

(6) The disqualification, excuse and exclusion of prospective jurors;

(7) The maintenance of qualified jury wheels, including the maximum time that the names of prospective jurors shall remain in a qualified jury wheel and the minimum number of names to be contained therein;

(8) The assignment of persons to grand, petit and special jury panels, or to courts other than Superior Court;

(9) The length of jury service;

(10) The compilation, disclosure and preservation of records used in the selection process.

(b) Persons having custody, possession or control of any list, record or other information required for use in the jury selection process shall supply it or make it available to the Court for inspection, reproduction and copying at all reasonable times, and persons having responsibility for devising or operating data processing systems or computer programs for the State shall certify that any such system or program complies with the jury selection plan when required by the Court. The Court may compel compliance with this subsection by appropriate process.
10 Del. C. § 5709 — Delaware Code / Title 10 / Chapter 57 / Section 5709
§ Â
        5709. Award generally.
Status: in_force

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement.

(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the Court orders on complaint or application of a party in an existing case. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of such objection prior to the delivery of the award. The arbitrators shall deliver a copy of the award to each party in the manner provided in the agreement, or if no provision is so made, personally or by registered or certified mail, return receipt requested.
10 Del. C. § 1045 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1045
§ Â
        1045. Relief available; duration of orders, modification, and termination.
Status: in_force

(a) After consideration of a petition for a protective order, the Court may grant relief in the form of any of the following:

(1) Restrain the respondent from committing acts of domestic violence, as defined in § 1041 of this title.

(2) Restrain the respondent from contacting or attempting to contact the petitioner.

(3) Grant exclusive possession of the residence or household to the petitioner or other resident, regardless of in whose name the residence is titled or leased. Such relief shall not affect title to any real property.

(4) Order that the petitioner be given temporary possession of specified personal property solely or jointly owned by respondent or petitioner, including but not limited to, motor vehicles, checkbooks, keys and other personal effects.

(5) Grant temporary custody of the children of the parties to the petitioner or to another family member. Either party may request visitation at any time during the proceeding. The Court may provide for visitation by separate interim visitation order pursuant to Title 13, which order shall be binding upon and enforceable against both parties. Such interim visitation order may include third-party supervision of any visitation, if necessary, in accordance with Chapters 7 and 19 of Title 13.

(6) Order the respondent to pay support for the petitioner and/or for the parties’ children, in accordance with Chapter 5 of Title 13, including temporary housing costs.

(7) Order the respondent to pay to the petitioner or any other family member monetary compensation for losses suffered as a direct result of domestic violence committed by the respondent, including medical, dental and counseling expenses, loss of earnings or other support, cost of repair or replacement of real or personal property damaged or taken, moving or other travel expenses and litigation costs, including attorney’s fees.

(8) Order the respondent to temporarily relinquish to a police officer or a federally-licensed firearms dealer located in Delaware the respondent’s firearms or projectile weapons and to refrain from purchasing or receiving additional firearms or projectile weapons for the duration of the order. The Court shall inform the respondent that the respondent is prohibited from receiving, transporting, or possessing firearms or projectile weapons for so long as the protective order is in effect.

(9) Prohibit the respondent from transferring, encumbering, concealing or in any way disposing of specified property owned or leased by parties.

(10) Order the respondent, petitioner and other protected class members, individually and/or as a group, to participate in treatment or counseling programs.

(11) Issue an order directing any law-enforcement agency to forthwith search for and seize firearms or projectile weapons of the respondent upon a showing by the petitioner that the respondent has possession of a firearm or projectile weapon, and

a. Petitioner can describe, with sufficient particularity, both the type and location of the firearm or projectile weapon; and

b. Respondent has used or threatened to use a firearm or projectile weapon against the petitioner, or the petitioner expresses a fear that the respondent may use a firearm or projectile weapon against them.

(12) Grant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal. Any subsequent property division order entered by the Court in any proceeding brought under Title 13 supersedes any relevant provisions regarding companion animals which are included in a protection from abuse order, without the need to modify that protective order.

(13) Order the respondent to return specified legal documents, such as passport, immigration papers, or Social Security card.

(14) Grant any other reasonable relief necessary or appropriate to prevent or reduce the likelihood of future domestic violence.

(b) Relief granted under this section shall be effective for a fixed period of time not to exceed 1 year, except that relief granted under paragraphs (a)(1) and (a)(2) of this section may be entered for a fixed period of time not to exceed 2 years, unless a longer period of time is ordered pursuant to subsection (c) or (f) of this section.

(c) An order issued under this part may be extended, or terms of the order modified, upon motion of either party. Hearings on such motions shall be scheduled within 30 days after proof of service on the respondent is filed. Such motions may be heard on an emergency basis if filed in accordance with § 1043 of this title. Orders may be extended only after the Court finds by a preponderance of the evidence that domestic violence has occurred since the entry of the order, a violation of the order has occurred, if the respondent consents to the extension of the order or for good cause shown.

(d) Only the Court shall modify an order issued under this part and the reconciliation of the parties shall have no effect on the validity of any of the provisions of such an order. The protective order may be modified or rescinded during the term of the order upon motion, after notice to all parties affected and a hearing.

(e) Any subsequent support, custody or visitation order entered by the Court in any proceeding brought pursuant to Title 13 shall supersede any relevant provisions regarding those issues which are included in a protection from abuse order, without the need to modify such protective order.

(f) Notwithstanding any provision of this section to the contrary, upon a finding that aggravating circumstances exist, the Court may grant no contact relief pursuant to paragraphs (a)(1) and (a)(2) of this section for as long as reasonably necessary to prevent further acts of abuse or domestic violence, up to and including the entry of a permanent order of the Court. An order entered pursuant to this subsection may only be modified or amended upon motion of a party for good cause shown. For purposes of this subsection, aggravating circumstances shall mean physical injury or serious physical injury to the petitioner caused by the respondent; the use of a deadly weapon or dangerous instrument against the petitioner by the respondent; a history of repeated violations of prior protective orders by the respondent; prior convictions for crimes against the petitioner by the respondent; the exposure of any member of the petitioner’s family or household to physical injury or serious physical injury by the respondent; or any other acts of abuse which the Court believes constitute an immediate and ongoing danger to the petitioner or any member of the petitioner’s family or household.

(g) A protective order requiring a person to relinquish a firearm or projectile weapon in accordance with paragraph (a)(8) of this section shall:

(1) State on its face that a firearm or projectile weapon shall be relinquished immediately to a police officer if requested by the police officer upon personal service of the protective order. If no request is made by a police officer, the relinquishment shall occur within 24 hours of personal service of the order at any staffed police station or a federally-licensed firearms dealer located in Delaware, unless the person is incarcerated at the time personal service is received, in which case the 24-hour relinquishment period shall commence at the time of release from incarceration.

(2) State on its face that the respondent is prohibited from purchasing, possessing, or controlling a firearm, a projectile weapon, any other deadly weapons, or ammunition for a firearm under Delaware law.

(3) Require the respondent to file, within 48 hours of personal service or, if the Court will not be open within 48 hours from the time of personal service, within the first 3 hours the Court is thereafter open, 1 of the following documents:

a. A certification, under penalty of prosecution for false written statement under § 1233 of Title 11, that the respondent did not own, possess, or control a firearm or projectile weapon at the time of the order and currently does not own, possess, or control a firearm or projectile weapon.

b. A copy of a proof of transfer showing, for each firearm or projectile weapon owned, possessed, or controlled by the respondent at the time of the order, that the firearm or projectile weapon was relinquished to a police officer or a federally-licensed firearms dealer located in Delaware.

c. A certification, under penalty of prosecution for false written statement under § 1233 of Title 11, for each firearm or projectile weapon owned, possessed, or controlled by the respondent at the time of the order, that the respondent is unable to obtain access to the firearm or projectile weapon, specifying the location of the firearm or projectile weapon and the reason why the respondent is unable to obtain access.

(h) The Court shall provide to the petitioner a copy of the documents the respondent files with the Court pursuant to paragraph (g)(3) of this section within 48 hours of filing or, if the Court will not be open within 48 hours of the filing, within the first 3 hours the Court is thereafter open.

(i) A police officer or a federally-licensed firearms dealer located in Delaware taking possession of firearms or projectile weapons relinquished by a respondent pursuant to a protective order under subsection (a) of this section shall issue a proof of transfer to the respondent and to the Court issuing the order of protection. The proof of transfer shall list the name of the respondent; date of the transfer; and make, model, and serial number of each firearm or projectile weapon relinquished. For purposes of this section, the term “police officer” shall be defined as in § 1911 of Title 11. The law-enforcement agency or the federally-licensed firearms dealer located in Delaware shall dispose of the firearm or projectile weapon or return the firearm or projectile weapon to the respondent only subsequent to the expiration or termination of the protective order in accordance with § 2311 of Title 11.

(j) The forms for protective orders shall allow the petitioner to describe, under penalty of prosecution for false written statement under § 1233 of Title 11, the number, types, and locations of a firearm or projectile weapon presently known by the petitioner to be owned, possessed, or controlled by the respondent.

(k) No records, data, information, or reports containing the name, address, other identifying data of either the respondent, petitioner, or recipient of the relinquished firearm or projectile weapon or which contain the make, model, caliber, serial number, or other identifying data of a firearm or projectile weapon which are required, authorized, or maintained pursuant to this section, shall be subject to disclosure or release pursuant to the Freedom of Information Act, Chapter 100 of Title 29.
10 Del. C. § 9545 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9545
§ Â
        9545. Nine months stay of execution; security.
Status: in_force

(a) If any defendant against whom a judgment is given for more than $5.00, besides costs, or any freeholder in relation to whom affidavit is made as in § 9544 of this title, gives, within 5 days after giving such judgment, or filing such affidavit, sufficient security to pay the judgment, there shall be a stay of execution thereon for 9 months from that time.

(b) The security shall be entered on the docket in the following form:

“On the day of , A. D. 20, A. B., (or A. B. and C. D., if two) becomes surety that this judgment shall be fully satisfied”;

and the entry shall be signed by the surety or sureties.

(c) The entry of security, and the entry prescribed in § 9546 of this title, shall be an obligation of record, and shall oblige the sureties, or their executors or administrators, jointly, or severally, to pay the judgment to which such entry refers, and after the expiration of the stay of execution the judgment may be executed and enforced against the sureties, their executors or administrators, without an action of debt, or a scire facias being first maintained or issued thereupon.

(d) If any defendant, in a judgment against several, is not a freeholder of the county, the foregoing provisions for 9 months’ stay on giving security shall apply, although there may be other defendants who are freeholders.

(e) If, in any case, execution has issued before the security is given, the same shall, on giving the security within the 5 days, be superseded and the proceedings thereon quashed.
10 Del. C. § 9532 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9532
§ Â
        9532. Form of subpoena.
Status: in_force

(a) A subpoena for attendance of witnesses in actions under this subchapter shall be in this form:

“ County, ss. The State of Delaware,

To any constable, greeting:

Summon A. B. and C. D., to appear before one of our justices of the peace, at said justice’s office in on the day of at o’clock in the , to give evidence in a cause between A. B., plaintiff and C. D. defendant, depending before our said justice; and this they may not omit at their peril.

(b) The summons for referees may be in the same form, substituting the words “to try,” for the words “to give evidence in.”
10 Del. C. § 2111 — Delaware Code / Title 10 / Chapter 21 / Section 2111
§ Â
        2111. Payment of funds into court.
Status: in_force

Where several persons claim money collected by a sheriff, or where the person entitled to receive it resides out of the sheriff’s bailiwick, and has no lawful attorney within the same, the sheriff may bring the money into the court from which the process issued upon which it was collected, there to remain subject to the order of the court. The sheriff shall thereupon be excused from the operation of § 2110 of this title.
10 Del. C. § 9202 — Delaware Code / Title 10 / Chapter 92 / Section 9202
§ Â
        9202. Administration and supervision of the Court; Chief Magistrate.
Status: in_force

(a) The Justice of the Peace Court shall, unless otherwise provided in this chapter, be administered and supervised in all respects pursuant to the provisions of article IV, § 13, of the Delaware Constitution and such rules of the Court as shall be promulgated thereunder. Such rules may prescribe and regulate the form and manner of process, pleading, practice and procedure governing civil and criminal proceedings in the Justice of the Peace Court from inception to termination. As provided in article IV, § 13(1), of the Delaware Constitution, the authority of the Court to promulgate such rules shall be subject to the review of the Supreme Court.

(b) Such rules shall not abridge, enlarge or modify the substantive rights of any person.

(c) Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any such rules heretofore prescribed under authority of law.

(d) The Justice of the Peace Court shall have and exercise such jurisdiction, both criminal and civil, as shall be conferred upon it by law.

(e) In addition to the number of justices of the peace specified by § 9203 of this title, the Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint a justice of the peace who shall serve as Chief Magistrate and administrative head of the Justice of the Peace Court.
10 Del. C. § 922 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 922
§ Â
        922. Exclusive and concurrent original criminal jurisdiction.
Status: repealed

(a) Except as provided in subsections (b), (c), (d) and (e) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumeration of which shall not be construed to exclude jurisdiction otherwise conferred upon the Court:

(1) Ill treatment, abuse, abandonment or contributing to the delinquency of a child, or any misdemeanor committed against a child;

(2) Offenses, except felonies, committed:

a. By 1 member against another member of the family;

b. Between former spouses;

c. Persons cohabitating together who are holding themselves out as a couple, with or without a child in common; or

d. Persons living separate and apart with a child in common.

(3) Offenses, except felonies, in which the defendant is a member of a family and the complainant is a peace officer and the criminal act complained of was committed during a family altercation;

(4) Misdemeanor criminal nonsupport and misdemeanor aggravated criminal nonsupport under § 1113 of Title 11;

(5) Illegitimacy proceedings under 13 Del. C. §§ 1321-1335 of Title 13 [repealed];

(6) Children of immoral parents under § 706 of Title 13 [repealed];

(7) Aiding a child who escapes from the Department of Services for Children, Youth and Their Families under § 5311 of Title 31;

(8) Cruel treatment and wrongful disposition or employment of children under § 1102 of Title 11;

(9) Interference with custody of a child under § 785 of Title 11;

(10) Placing a resident or bringing a nonresident dependent child into Delaware without consent of the Department of Services for Children, Youth and Their Families under §§ 307, 351 [repealed] of Title 31, except as provided in the Interstate Compact for Juveniles;

(11) Sale or delivery of an alcoholic beverage to a child under § 904 of Title 4;

(12) Permitting a child to remain where alcoholic beverages are sold under § 1106 of Title 11;

(13) Permitting a child to be present where gambling activity is maintained or conducted under § 1106 of Title 11;

(14) Sale of weapons to a child under § 903 of Title 24;

(15) Sexual assault on a child under § 761 of Title 11;

(16) Intra-family offenses against the person under §§ 601, 602, 611 of Title 11;

(17) Incest under § 766 of Title 11;

(18) Reciprocal support proceedings against or on behalf of nonresidents under Chapter 6 of Title 13, where appropriate;

(19) Unlawful sexual contact in the third degree against a child under § 767 of Title 11;

(20) Violation of a protective order under § 1271A of Title 11;

(21) Offenses involving the reporting of new hires under § 1156A of Title 30.

(b) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Court in all proceedings concerning alleged curfew violations under former §§ 39-14 through 39-16 of the Wilmington Code [see now §§ 36-97 and 36-98 of the Wilmington Code].

(c) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Courts in all proceedings concerning alleged curfew violations pursuant to any municipal ordinance.

(d) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive original jurisdiction of Family Court otherwise may be joined properly with a felony within the jurisdiction of Superior Court, such offenses or criminal cases shall be within the jurisdiction of Superior Court.

(e) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive jurisdiction of the Family Court and in which the defendant is an adult otherwise may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court of Common Pleas, such offenses or criminal cases shall be within the jurisdiction of the Court of Common Pleas, except that this subsection shall not apply to offenses or criminal cases involving felonies.
10 Del. C. § 3510 — Delaware Code / Title 10 / Chapter 35 / Section 3510
§ Â
        3510. Capias against garnishee.
Status: in_force

If it be shown to the court that any garnishee, summoned or to be summoned thereon, is not an inhabitant of the county where the attachment is pending, or is about to leave the county, then a capias may issue against such garnishee to hold the garnishee to bail for garnishee’s appearance at court to answer or plead.
10 Del. C. § 5723 — Delaware Code / Title 10 / Chapter 57 / Section 5723
§ Â
        5723. Arbitration of contracts of State and municipalities.
Status: in_force

It shall be lawful to include in any contract hereinafter executed by or on behalf of the State, or any department or agency thereof or by or on behalf of any county, municipal corporation, or other division of the State, a provision that any matter in dispute arising under the said contract shall be submitted to arbitration in accordance with this chapter or such sections thereof as may be set forth in such contract, except as provided in § 5725 of this title.
10 Del. C. § 2009 — Delaware Code / Title 10 / Chapter 20 / Section 2009
§ Â
        2009. Other emergency powers.
Status: in_force

The Chief Justice shall have the authority to take such other actions as the Chief Justice reasonably believes are necessary to provide for the continued operation of the courts during a judicial emergency.
10 Del. C. § 7507 — Delaware Code / Title 10 / Chapter 75 / Section 7507
§ Â
        7507. Proceedings to compel entry of satisfaction.
Status: in_force

(a) In all cases where recognizances are liens on real estate in this State, and the same have been paid, and the recognizees, or their executors, administrators or assigns, refuse or neglect to enter satisfaction of such recognizance, on the record thereof in the office where the same is recorded or entered, within 60 days after the payment thereof, the recognizors, or their heirs or assigns, may, upon sworn complaint filed in the Court of Chancery of the county in which the recognizance is recorded or entered, setting forth the facts, obtain from the Court a rule upon the recognizees, or their executors, administrators or assigns, returnable at such time as the Court may direct, requiring such recognizees, or their executors, administrators or assigns, to appear on the day fixed by the Court and show cause, if any they have, why such recognizance shall not be marked satisfied on the record thereof.

(b) The rule shall be served in such manner as directed by the Court. In case the recognizees, or their executors, administrators or assigns, reside out of the State, and cannot be served, the rule shall be continued, a copy thereof shall be published by the sheriff in a newspaper of the county, once each week for 4 successive weeks, and upon proof of such advertisement by affidavit of the sheriff, made at the time to which such rule was continued shall be deemed and considered sufficient service of such rule.

(c) Upon the return of the rule, if the Court is satisfied from the evidence produced that such recognizance, together with all interest and costs due thereon, has been satisfied and paid, the rule shall be made absolute and the Court shall order and adjudge that the recognizance shall be satisfied, and shall order and direct the Register in Chancery, in whose office such recognizance is entered, to enter on the record thereof full and complete satisfaction of the recognizance.
10 Del. C. § 511 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 511
§ Â
        511. Commissioners of the Superior Court; appointment; terms of office; removal.
Status: in_force

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

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

(c) The salaries of Commissioners shall be part of the annual budget of the Superior Court. The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term.
10 Del. C. § 3907 — Delaware Code / Title 10 / Chapter 39 / Section 3907
§ Â
        3907. Demand in actions to recover goods and chattels; necessity for proof.
Status: in_force

In all actions to recover goods and chattels, no proof of demand shall be necessary, but the bringing of the action shall be considered a sufficient demand for all purposes. The failure at the trial to prove any demand shall not be a cause for dismissal, nor shall such failure inure in anywise whatsoever to the benefit or advantage of the defendant in the action.
10 Del. C. § 4731 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4731
§ Â
        4731. Dating and indexing.
Status: in_force

The true date of entering or signing every judgment, shall be entered on the docket thereof, as also the date of ascertaining the amount of a judgment given, the amount to be ascertained by the prothonotary, or other person.

All judgments shall be indexed according to § 2304 of this title.
10 Del. C. § 527 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 527
§ Â
        527. Temporary appointments.
Status: in_force

If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Superior Court may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time and for such compensation as the Court shall determine. Substitute court reporters shall take the same oath of office as is required of a court reporter, and their acts shall have the same force and effect as if done by an official court reporter. Such oath shall not be recorded, but shall be filed with the prothonotary.
10 Del. C. § 1970 — Delaware Code / Title 10 / Chapter 19 / Subchapter IV / Section 1970
§ Â
        1970. Compensation of indexer and commissioners.
Status: in_force

After the commissioners appointed under § 1969 of this title have certified the indices, the Levy Court of Kent County shall pay to the officer by whom the indices have been made, and to the commissioners, a just and reasonable compensation for their services, to be fixed by the Levy Court upon the application of such officer and commissioners. With each application, there shall be presented to the Levy Court, a sworn itemized account of the time spent and disbursements made, if any, by the officer or commissioners, as the case may be, in and about the preparation or examination of the records or indices so made or examined by them.
10 Del. C. § 1907 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1907
§ Â
        1907. Oath of attorneys-at-law.
Status: in_force

Every attorney-at-law, upon admission to the Bar of this State, shall take and subscribe the following oath or affirmation:

“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Delaware; that I will behave myself in the office of an attorney within the Court according to the best of my learning and ability and with all good fidelity, as well to the Court as to the client; that I will use no falsehood, nor delay any person’s cause through lucre and malice.”
10 Del. C. § 371 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 371
§ Â
        371. Sale of land to enforce judgment.
Status: in_force

All real estate, within this State, shall be liable to be sold, by order of the Court of Chancery, on such terms and in such manner as the Court directs, by the sheriff, or by any party to a civil action in Chancery, when such sale shall be necessary to give effect to, and carry into execution a judgment of the Court of Chancery. When any such real estate is so sold, and there is a surplus of money, arising from the sale, above, what is sufficient for the purposes of the sale, such surplus shall be paid over, or applied, as the Court orders. Such sales shall be as available in law to the vendees, as sales of land seized and sold upon judgment and execution are available by virtue of any law in this State. If any such judgment, under which any real estate is so sold, is reversed by the Supreme Court, none of the real estate, so sold, shall be restored, nor shall the sale thereof be avoided, but restitution shall be made, in such cases, of the money for which such real estate was sold. No sale shall be valid until return thereof is made to the Court of Chancery, and it is approved and confirmed by the Court.
10 Del. C. § 6205 — Delaware Code / Title 10 / Chapter 62 / Section 6205
§ Â
        6205. Vacation hearing.
Status: in_force

(a) In all proceedings in Superior Court, after all interested parties have received notice in accordance with this chapter, a hearing shall be held in Superior Court, at which time each party before the Court, including the county or municipality in which the dedicated property is located, the legal title holder, all abutting landowners, all residents of the subdivision or all interested parties, any present relevant evidence regarding the necessity or advisability of the continued use of the dedicated property for the benefit of the general public or interested parties. Upon conclusion of the hearing, Superior Court shall order whether the said dedicated property shall be vacated.

(b) The Court shall also decide such other collateral issues which are raised at the hearing, including, but not limited to, whether the county or municipality holds title to the dedicated property by deed transfer or some other means, whether the county or municipality or the general public has an interest in such property by virtue of the dedication, whether such parties have a compensable interest and to whom the land shall revert in the event of vacation, including the abutting landowners.

(c) There is a rebuttable presumption, as to any dedicated property, that it shall continue as dedicated property.

(d) In determining whether any dedicated property should be vacated, the Court shall make a determination as to whether the county or municipality or the general public has a use or need for the continued existence for such dedicated property and the judgment of the county or municipality to keep it open shall be paramount. In making a determination in this regard, the Court shall consider such items as may be pertinent, including, but not limited to, fitness for use as a public property, service and maintenance of the respective property, the financial impact upon any interested party, the effect of the proposed vacation upon adjacent streets, roads or highways and other matters which the Court may deem pertinent.

(e) Any county- or municipality-maintained property shall not be vacated without the consent of the county or municipality in which it is located.
10 Del. C. § 911 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 911
§ Â
        911. Supervisors, counselors; qualifications; duties.
Status: in_force

There shall be a Chief Supervisor for the Court in each county who shall possess an earned graduate degree in either criminology, and/or corrections, sociology, psychology or social work, and such other supervisors as shall have an earned graduate degree in social work, and such counselors as deemed necessary who shall possess earned bachelor’s degrees. Other counselors may be appointed by the Chief Judge who shall possess such qualifications as the Chief Judge shall prescribe. They shall perform such duties as may be assigned to them.
10 Del. C. § 3905 — Delaware Code / Title 10 / Chapter 39 / Section 3905
§ Â
        3905. Action for detention of goods and chattels.
Status: in_force

When any goods or chattels are unlawfully detained from the owner or the person entitled to the possession thereof, such owner or person may have remedy to recover the same by a civil action.
10 Del. C. § 7707 — Delaware Code / Title 10 / Chapter 77 / Section 7707
§ Â
        7707. Limitation on liability.
Status: in_force

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

(b) A law-enforcement officer, who in good faith does not seek a lethal violence protective order under this chapter, is immune from civil liability.

(c) 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 section. 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. § 7207 — Delaware Code / Title 10 / Chapter 72 / Section 7207
§ Â
        7207. Return and disposal of a firearm, projectile weapon, or ammunition.
Status: in_force

If an order issued under this chapter is vacated under § 7205 of this title, terminated under § 7206 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 the respondent is otherwise prohibited under § 1448 of Title 11.
10 Del. C. § 6207 — Delaware Code / Title 10 / Chapter 62 / Section 6207
§ Â
        6207. Damages; hearing.
Status: in_force

(a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, as are permitted under this section or at the discretion of the Court. At the close of said hearing, the Court shall enter an order affixing damages in such manner as it determines the evidence warrants.

(b) All damage questions shall be decided as provided in this chapter and shall include, but not be limited to, the right of the legal title holder to recover the actual value of the real property, the right of the county or municipality to recover reasonable expenses for its loss of use of said vacated land, whether jurisdiction has been acquired by title, dedication, easement or other means, and any reasonable costs and expenses incurred, as a result of said vacation resulting from an impact to other lands within the jurisdiction of the county or municipality.

(c) Payment of damages shall be in such amounts and under such terms and conditions as the Superior Court, by order, shall direct. Any order of the Superior Court to vacate a dedication of property shall not become final until all damages have been paid in accordance with the Court’s order.

(d) Whenever any interested party neglects or omits to pay or tender the amount of ascertained damages to the parties or persons entitled to the same, said interested party shall be subject to the contempt power of the Court upon proper application by any party or person to whom damages are payable pursuant to the terms of the Court’s order regarding same.

(e) Any other provision of this chapter notwithstanding, the Court in making determination as to what damages shall be paid by the county or municipality shall consider only 2 factors:

(1) Only persons owning real property abutting the property or part thereof to be vacated shall be entitled to recover damages; and

(2) Any damages which may be otherwise recoverable by such persons or organizations from the county must be offset by a monetary estimate of the benefit to be derived by said persons or organizations.
10 Del. C. § 5811 — Delaware Code / Title 10 / Chapter 58 / Section 5811
§ Â
        5811. Application of chapter.
Status: in_force

It is the policy of this chapter to give maximum effect to the principle of freedom of contract and to the enforceability of agreements.
10 Del. C. § 5093 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIV / Section 5093
§ Â
        5093. Liability of officer for escape; action against officer.
Status: in_force

If a person arrested, or imprisoned, by virtue of an execution, be suffered to escape, the sheriff, constable, or other officer having the custody of such person at the time of the person’s escape, shall be answerable for the full amount payable according to the execution. The person at whose suit the execution was issued, or for whose use it is endorsed, or such person’s executors, or administrators, shall have a civil action therefor, against such sheriff, constable, or other officer, or such officer’s executors, or administrators. The nonpayment of the amount shall be a breach of the condition of the official recognizance, or obligation, of such sheriff, constable, or officer.
10 Del. C. § 8135 — Delaware Code / Title 10 / Chapter 81 / Section 8135
§ Â
        8135. Limitation from civil liability for certain volunteers.
Status: in_force

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

(1) “Activity” is any decision, act or event relating to medical or dental treatment of a person undertaken by the medical or dental clinic in furtherance of the person’s medical or dental treatment.

(2) “Compensation” is any remuneration, whether by way of salary, fee or otherwise, for services rendered, exclusive of any gift perquisite in form of access to services of the medical or dental clinic at no or a reduced cost or reimbursement for costs actually incurred or the providing of lunch or other meals.

(3) “Employee” is any person who receives compensation from the medical or dental clinic for services rendered in connection with an activity of the medical or dental clinic.

(4) “Medical or dental clinic” is any facility other than a hospital or doctor’s or dentist’s office which offers medical or dental services, which is run by a nonprofit entity under § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)], and which is staffed entirely or in part by licensed physicians or nurses or licensed dentists or dental hygienists who serve without compensation.

(5) “Volunteer” is any licensed physician or nurse or licensed dentist or dental hygienist engaged in an activity for a medical or dental clinic without compensation.

(b) No volunteer or the medical or dental clinic with which the volunteer is affiliated shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of the volunteer while serving the medical or dental clinic, unless said volunteer has insurance coverage for such acts or omissions in which case the amount recovered shall not exceed the limits of such applicable insurance coverage.

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

(d) The immunity granted in subsection (b) of this section shall not extend to any act or omission constituting wilful and wanton or grossly negligent conduct.
10 Del. C. § 5002 — Delaware Code / Title 10 / Chapter 49 / Subchapter VI / Section 5002
§ Â
        5002. Execution for residue of debt.
Status: in_force

If lands delivered upon a liberari facias under § 5001 of this title fall short, according to the valuation, of satisfying the whole debt, damages and costs for which they are delivered, the plaintiff may have execution for the residue as in other cases.
10 Del. C. § 5803 — Delaware Code / Title 10 / Chapter 58 / Section 5803
§ Â
        5803. Effect of arbitration agreement.
Status: in_force

(a) A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable, and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract, without regard to the justiciable character of the controversy, so long as:

(1) The agreement is signed by the parties to an arbitration;

(2) At least 1 party to the agreement is a business entity, as that term is defined in § 346 of this title, formed or organized under the laws of this State or having its principal place of business in this State;

(3) No party to the agreement is a consumer, as that term is defined in § 2731 of Title 6, or an organization, as that term is defined in this chapter;

(4) The agreement provides that it shall be governed by or construed under the laws of this State, without regard to principles of conflict of laws, regardless of whether the laws of this State govern the parties’ other rights, remedies, liabilities, powers and duties; and

(5) The agreement includes an express reference to the “Delaware Rapid Arbitration Act.”

During the pendency of an arbitration, an agreement may be amended to alter the procedures of the arbitration only with the approval of an arbitrator, but the agreement may not be amended so as to alter the time set forth in 5808(b) of this title.

(b) A party to an agreement is deemed to have waived objection and consented to:

(1) The arbitration procedures set forth in this chapter;

(2) The submission exclusively to an arbitrator of issues of substantive and procedural arbitrability;

(3) The exclusive personal and subject matter jurisdiction of an arbitration, the seat of which is this State, regardless of the place of a hearing;

(4) The exclusive personal and subject matter jurisdiction of the courts of the State for the limited purposes set forth in § 5804 of this title; and

(5) Except as otherwise limited by the agreement, an arbitrator’s power and authority to:

a. Determine in the first instance the scope of the arbitrator’s remedial authority, subject to review solely under § 5809 of this title; and

b. Grant relief, including to award any legal or equitable remedy appropriate in the sole judgment of the arbitrator.

(c) A party to an agreement is deemed to have waived the right to:

(1) Seek to enjoin an arbitration;

(2) Remove any action under this chapter to a federal court;

(3) Appeal or challenge an interim ruling or order of an arbitrator;

(4) Appeal or challenge a final award, except under § 5809 of this title; and

(5) Challenge whether an arbitration has been properly held, except under § 5809 of this title.
10 Del. C. § 9536 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9536
§ Â
        9536. Setoff or counterclaim.
Status: in_force

(a) In every action before a justice of the peace, within the justice’s jurisdiction, the defendant, if the defendant has against the plaintiff any account, demand, or cause of action, cognizable before a justice of the peace, shall bring it forward and plead it as a setoff; and the justice shall enter on the docket the nature and amount of such counterclaim. Any defendant, neglecting to do so, shall, if the action against the defendant be prosecuted to judgment, lose such account, demand, or cause of action, and be forever barred from recovering it.

(b) If the defendant has any account, demand, or cause of action, against the plaintiff, exceeding $25,000, the defendant may bring it forward and plead it as a setoff under subsection (a) of this section. The defendant does not, by neglecting to plead it, lose such cause of action.

(c) If the defendant pleads a setoff exceeding $25,000 and it is found on the trial that there is any sum due the defendant from the plaintiff, judgment shall be given against the plaintiff, in the defendant’s favor, for such sum, provided the sum does not exceed $25,000. If the sum exceeds $25,000 that fact shall be stated on the record, and judgment shall be given for costs for the defendant, who may prosecute such cause of action in court; or the defendant may remit the excess above $25,000 and take judgment for that sum.
10 Del. C. § 3501 — Delaware Code / Title 10 / Chapter 35 / Section 3501
§ Â
        3501. Domestic attachment; when writ may be issued.
Status: in_force

A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceeding $50, and has absconded from the defendant’s usual place of abode or is about to leave the State or has gone out of the State with intent to defraud his or her creditors or to elude process.
10 Del. C. § 1049K — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049K
§ Â
        1049K. Registration of Canadian domestic-violence protection order.
Status: in_force

(a) An individual may register a Canadian domestic-violence protection order in this State. To register the order, the individual must present a certified copy of the order to the Court.

(b) On receipt of a certified copy of a Canadian domestic-violence protection order, the Court shall register the order in accordance with this section.

(c) An individual registering a Canadian domestic-violence protection order under this section shall file an affidavit stating that, to the best of the individual’s knowledge, the order is valid and in effect.

(d) After a Canadian domestic-violence protection order is registered under this section, the Court shall provide the individual registering the order a certified copy of the registered order.

(e) A Canadian domestic-violence protection order registered under this section may be entered in a state or federal registry of protection orders in accordance with law.

(f) An inaccurate, expired, or unenforceable Canadian domestic-violence protection order may be corrected or removed from the registry of protection orders maintained in this State in accordance with law of this State other than this part.

(g) A fee may not be charged for the registration of a Canadian domestic-violence protection order under this section.

(h) Registration in this State or filing under law of this State other than this part of a Canadian domestic-violence protection order is not required for its enforcement under this part.
10 Del. C. § 9507 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9507
§ Â
        9507. Notice to the Director of Consumer Protection of filed tenantsâ receivership petitions.
Status: in_force

(a) Within 10 days of its receipt of a petition for tenants’ receivership filed under § 5901 of Title 25 or § 7061 of Title 25, the Justice of the Peace Court in which the petition was filed shall send written notice to the Director of Consumer Protection at the Department of Justice.

(b) The notice shall include a copy of the petition for tenants’ receivership and the case number assigned to the petition.

(c) Notice to the Director of Consumer Protection is not required if the petition for tenants’ receivership is filed by the Attorney General.
10 Del. C. § 522 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 522
§ Â
        522. Bailiffs, criers and pages; compensation; duties.
Status: in_force

(a) The Superior Court may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from time to time be determined by the Superior Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the Court may from time to time prescribe and shall receive no other fees or compensation.

(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during the stated terms of such appointment, unless sooner rescinded by court order, such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.
10 Del. C. § 306 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 306
§ Â
        306. Payment of expenses.
Status: in_force

The payment of the compensation of all persons appointed or employed by the Court under the provisions of this chapter and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Judges and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Court of Chancery.

The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Court of Chancery rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Chancery, its Judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Director of the Office of Management and Budget and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of 3, 1 member to be designated by the State Director of the Office of Management and Budget, 1 member to be designated by the Levy Court or County Executive, and 1 member to be selected by the other 2 members.
10 Del. C. § 1049N — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049N
§ Â
        1049N. 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. § 4978 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4978
§ Â
        4978. Rent; time of entitlement; apportionment; proceedings.
Status: reserved

(a) In any case of sale, the purchaser shall be entitled to rent for the premises sold from the day of sale. If such premises are in possession of a tenant under rent, such rent shall be apportioned, according to the time; the proportion for the time the rent has been growing due to the day of sale, being payable to the lessor or the lessor’s assigns, and the residue to the purchaser. Each party shall have remedy by distress, or action, for such party’s just proportion.

(b) A purchaser may recover his or her proportion of rent, although such rent is reserved by deed (as well as rent from the day of sale, in case no rent has been reserved) by a civil action for use and occupation.

(c) In any action, or proceeding, for such rent, any fair defense, which would have availed against the person as whose property the premises were sold, shall avail against the purchaser. If a rent reserved is not a fair rent for the premises, and the lease, or contract, is posterior to the order, or to the date of the judgment, in execution, or by virtue whereof the sale is made, the purchaser shall not be limited by the rent reserved, but may demand and recover a fair rent. If the crop is sold separately from the soil, the demand of the purchaser shall proportionally abate.
10 Del. C. § 6305 — Delaware Code / Title 10 / Chapter 63 / Section 6305
§ Â
        6305. Indemnity.
Status: in_force

This chapter does not impair any right of indemnity under existing law.
10 Del. C. § 4319 — Delaware Code / Title 10 / Chapter 43 / Subchapter I / Section 4319
§ Â
        4319. Confidential communications involving first responders, civilian employees, or their families.
Status: in_force

(a) For purposes of this section:

(1) “Civilian employee” means an employee of a law-enforcement, fire, or emergency medical services agency who is not a first responder.

(2) “Critical incident” means a situation or incident which, during the course of a first responder’s duties, causes or may cause a first responder to experience unusually strong negative emotional or physical stress. “Critical incident” includes any encounter that may result in the death of or serious injury to another person or the imminent potential of such death or serious bodily injury, fatal motor vehicle accidents, child abuse investigations, death investigations, large scale man-made or natural disasters, and the cumulative stress of exposure to situations or incidents during the course of a first responder’s duties.

(3) “Critical incident stress management services” or “CISM services” means consultation, risk assessment, education, intervention, and other crisis intervention services provided by a CISM team or CISM team member to a first responder before, during, or after a critical incident.

(4) “Critical incident stress management team” or “CISM team” means a team composed of CISM team members who assist and provide support to a first responder who has been involved in a critical incident that may affect, or has affected, the person’s work performance or general well-being.

(5) “Critical incident stress management team member” or “CISM team member” means an individual who satisfies all of the following:

a. Is specially trained to provide CISM services to assist and provide support to a first responder who has been involved in a critical incident that may affect, or has affected, the person’s work performance or general well-being.

b. Meets the requirements of a nationally-accredited critical incident stress management organization or network that has been recognized by the Police Officer Standards and Training Commission.

c. Has been approved to function as a CISM team member by the colonel or chief of the police, fire, or emergency medical services agency of which the individual is a member.

(6) “First responders” means federal, Delaware state and local law-enforcement officers, fire and emergency medical services personnel, hazardous materials response team members, 911 dispatchers, chaplains, or any individual who is responsible for the protection and preservation of life, property, and evidence, and has been sent or directed to respond to a request for assistance as a result of a critical incident.

(7) “Immediate family member” means as “family” is defined in § 901 of Title 10.

(8) “Law-enforcement officer” means a police officer as defined in § 9200 of Title 11.

(9) “Participant” means any of the following:

a. A first responder who obtains or has obtained CISM services or wellness program services.

b. A first responder’s immediate family member who obtains or has obtained wellness program services.

c. A civilian employee who obtains or has obtained wellness program services.

d. A civilian employee’s immediate family member who obtains or has obtained wellness program services.

(10) “Trained peer support member” means a first responder designated by a state, county, or municipal law-enforcement, fire, or emergency medical services agency, with approval from the agency’s colonel or chief, and specially trained to provide a participant with wellness program services.

(11) “Wellness program” means a voluntary and comprehensive health initiative designed to improve the well-being of participants through the use of trained peer support members.

(12) “Wellness program services” means services provided by a wellness program. A wellness program may offer any of the following wellness program services:

a. Counseling.

b. Spiritual guidance.

c. Education about financial resources, health resources, legal assistance, and stress management services.

(b) Except as provided in subsection (d) of this section, all proceedings, communications, and records, including any information acquired by a CISM team, CISM team member, or trained peer support member from a participant, are confidential. A CISM team member or trained peer support member may not be compelled to disclose the proceedings, communications, or records, including information, through compulsory legal process or otherwise discoverable or admissible in evidence in any action, including any legal proceeding, trial, or investigation unless the confidentiality is waived by the affected participant.

(c) The privileges in subsection (b) of this section only apply if the proceedings, communications, or records, including information, are obtained during the provision of CISM services or wellness program services.

(d) Exceptions. —

The privileges established under subsection (b) of this section do not apply if any of the following occur:

(1) The communication indicates an intent to engage in conduct likely to result in imminent death or serious physical injury to the participant or another individual.

(2) The participant expressly waives the privilege or gives consent to disclosure of the privileged communication.

(3) The participant is deceased and the surviving spouse or the executor or administrator of the estate of the deceased participant expressly waives the privilege or gives consent to disclosure of the privileged communication.

(4) The participant sought or obtained the CISM services or wellness program services to enable or aid anyone to commit or plan to commit what the participant knew, or reasonably should have known, was a “crime”, as defined under § 233 of Title 11, or fraud.

(e) Information otherwise available from the original source is not immune from discovery or use in any civil or criminal action merely because the information was disclosed by a participant during CISM services or wellness program services if the information sought is otherwise permissible and discoverable.
10 Del. C. § 1024 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1024
§ Â
        1024. First offenders domestic violence diversion program.
Status: repealed

(a) For the purposes of this section, “domestic violence” means any act or acts committed by an adult against another person who falls into the protected class defined in § 1041(2)b. of this title, which constitute any of the following criminal offenses under Title 11:

(1) Offensive touching (§ 601).

(2) Menacing (§ 602).

(3) Reckless endangering in the second degree (§ 603).

(4) Assault in the third degree (§ 611).

(5) Terroristic threatening (§ 621).

(6) Vehicular assault in the second degree (former § 628).

(7) Sexual harassment (§ 763).

(8) Unlawful sexual contact in the third degree (§ 767).

(9) Unlawful imprisonment in the second degree (§ 781).

(10) Coercion (§ 791).

(11) Reckless burning or exploding (§ 804).

(12) Criminal mischief classified as a misdemeanor (§ 811).

(13) Criminal trespass in the first, second, or third degree (§§ 821, 822, 823).

(14) Harassment (§ 1311).

(15) Aggravated harassment (former § 1312).

(b) Those acts of domestic violence for which an offender may elect to apply for first offender status under this rule shall be limited to the following criminal offenses under Title 11:

(1) Offensive touching (§ 601).

(2) Menacing (§ 602).

(3) Assault in the third degree (§ 611).

(4) Terroristic threatening (§ 621).

(5) Sexual harassment (§ 763).

(6) Criminal mischief classified as a misdemeanor (§ 811).

(7) Criminal trespass in the first, second, or third degree (§§ 821, 822, 823).

(8) Criminal contempt of a domestic violence protective order or lethal violence protective order (§ 1271A).

(9) Harassment (§ 1311).

(10) Aggravated harassment (former § 1312).

(c) Any adult who meets all of the following may qualify for first offense election:

(1) Has not been convicted of a violent felony or any domestic violence offense under Title 11 listed in subsection (a) of this section, or under any statute of the United States or of any state thereof including the District of Columbia relating to a violent felony or acts of domestic violence substantially similar to those criminal offenses listed in subsection (a) of this section.

(2) Has not previously been afforded first offender treatment or other diversion programs for domestic violence.

(3) Has been charged with a domestic violence offense listed in subsection (b) of this section.

(4) [Repealed.]

(d) Any person qualifying under subsection (c) of this section as a first offender and who elects to apply under this section shall admit to the offense by entering a plea of guilty, as a first offender. The court, without entering a judgment of guilt and with the consent of the accused and the State, may defer further proceedings and shall place the offender on probation for a period of 1 year upon terms and conditions of which shall include:

(1) Enrollment with a Delaware Domestic Violence Coordinating Council certified domestic violence treatment provider for the purposes of evaluation and such treatment as the evaluation counselor deems necessary.

(2) Satisfactory completion of the Delaware Domestic Violence Coordinating Council certified treatment program.

(3) Evaluation for alcohol and other drug abuse, and successful completion of a course of treatment as may be indicated by the evaluation.

(4) Restitution, where appropriate, to the victim.

(5) No unlawful contact with the victim during the period of probation.

(6) Other such terms and conditions as the Court may impose.

(e) If a term or condition of probation is violated, including failure to appear for evaluation at an assigned evaluating agency, the offender shall be brought before the Court, or if the offender fails to appear before the Court, in either case, upon a determination by the Court that the terms have been violated, the Court shall enter an adjudication of guilty and proceed as otherwise provided under Title 11.

(f) Upon fulfillment of the terms and conditions of probation, including, but not limited to, satisfactory completion of courses of instruction and/or programs of counseling/rehabilitation, and payment of all costs and fees, the court shall discharge the person and dismiss the proceedings against the offender and shall simultaneously therewith submit to the Attorney General a report thereof which shall be retained by the Attorney General for use in future proceedings, if required.

(g) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualification or disabilities imposed by law upon conviction of a crime, except the additional penalties imposed for second or subsequent offenses under Title 11.

(h) Any person who elects to apply for first offender status shall by said application be deemed to have waived the right to a speedy trial and further agrees to pay the cost of prosecution as a condition. If a person elects not to apply for first offender status or if the application is not accepted, the matter shall be promptly scheduled for trial.

(i) There may be only 1 discharge and dismissal under this section with respect to any person.
10 Del. C. § 4961 — Delaware Code / Title 10 / Chapter 49 / Subchapter IV / Section 4961
§ Â
        4961. Procedure for public sale.
Status: in_force

By a writ of levari facias, the sheriff, or other officer, to whom the same is directed to be executed, may seize and sell, at public sale, unimproved lands, and lands yielding no yearly profit, with, or without a writ of venditioni exponas; subject to the same provisions respecting notice of sale, application of the proceeds thereof, the execution of a deed to the purchaser, the issuing of a liberari facias for the delivery of lands which cannot be sold, and the title under such sale, or delivery, as are contained in this chapter for the sale of lands under execution process in other cases.
10 Del. C. § 1008 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1008
§ Â
        1008. Committee on Dispositional Guidelines for Juveniles.
Status: in_force

(a) There is hereby established a Committee on Dispositional Guidelines for Juveniles.

(b) The members of the Committee shall include the following persons or their designees:

(1) The Chief Judge of the Family Court;

(2) Family Court Judge, designated by the Chief Judge;

(3) Secretary, Department of Services for Children, Youth and Their Families;

(4) Director, Division of Youth Rehabilitative Service;

(5) Attorney General;

(6) Chief Defender;

(7) Executive Director, Criminal Justice Council;

(8) Executive Director, Delaware Council on Crime and Justice;

(9) Executive Vice President, Child, Inc.;

(10) Designee of the United Way of Delaware;

(11) Governor’s Assistant for Criminal Justice;

(12) Chairperson of the Senate Committee of Children, Youth and Families;

(13) Chairperson of the House Committee on Human Resources;

(14) Executive Director, Delaware Volunteer Legal Service.

(c) The Committee is hereby directed to develop recommendations on guidelines for use in determining dispositions for juvenile offenders. The guidelines shall include clear, consistent and objective criteria for determining that the rehabilitation plan for a youth should include a period of secure incarceration. Such guidelines shall reflect the General Assembly’s intent that only chronic or violent juvenile offenders require secure incarceration, and that other adjudicated youth are more appropriately and effectively served through less restrictive programs.

(d) The Committee shall also develop guidelines for the process to be used by the Family Court and the Department of Services for Children, Youth and Their Families in reaching dispositional decisions, which shall include:

(1) Consideration of the instant offense(s) for which the youth has been adjudicated;

(2) Consideration of the youth’s prior record of delinquency;

(3) The availability of less restrictive interventions which will protect public safety and provide the youth an opportunity for rehabilitation.

(e) The Committee shall develop a list of services required to provide a full continuum of placement and/or treatment options for adjudicated delinquent youth. In developing this list, the Committee shall:

(1) Review available data from both the Family Court and the Department of Services for Children, Youth and Their Families concerning the characteristics of youth who come to the attention of these agencies;

(2) Review existing programs and services of the Family Court, the Department of Services for Children, Youth and Their Families, and other social service agencies within the State;

(3) Review relevant information describing dispositional practices and services from other states and from the professional literature; and

(4) Consult with experts both within and outside the State.

(f) The Committee shall prepare a written report and recommendations and shall forward any recommendations requiring legislative action to the appropriate committee(s) of the General Assembly by January 1, 1991.
10 Del. C. § 1077 — Delaware Code / Title 10 / Chapter 9 / Subchapter IV / Section 1077
§ Â
        1077. Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing.
Status: in_force

(a) When a defendant has been arrested and charged with an offense in § 1076 of this title, other provisions of law to the contrary notwithstanding, the court, at arraignment, regardless of any prior human immunodeficiency virus test on the defendant, shall order, at the request of the victim, the defendant to undergo human immunodeficiency virus testing, under the direction of the Division of Public Health.

(b) The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.

(c) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or is a person with intellectual or developmental disabilities, the defendant, the court issuing the order for testing and any other person or agency pursuant to Chapters 12 and 12A of Title 16.

(d) In addition, the Division of Public Health shall provide to the Department of Services to Children, Youth and Their Families the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Services to Children, Youth and Their Families shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any institution under the Department’s jurisdiction.

(e) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health care and support services.

(f) The costs of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person.

(g) Filing of a notice of appeal shall not stay an order that the defendant submit to a human immunodeficiency virus test.
10 Del. C. § 7328 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7328
§ Â
        7328. Disposition of proceeds from petitionerâs estate.
Status: in_force

The net proceeds of the petitioner’s estate, after deducting just expenses of executing the trust and a reasonable commission to the trustees, shall be applied towards payment of such demands against the petitioner as are exhibited to the trustees within 1 year after the date of the assignment, and no others. If the proceeds are insufficient to pay the whole amount of the demands, they shall be apportioned pro rata. Any overplus shall be returned to the petitioner, the petitioner’s heirs, executors, or administrators.
10 Del. C. § 5215 — Delaware Code / Title 10 / Chapter 52 / Section 5215
§ Â
        5215. Short title.
Status: in_force

This chapter may be cited as the “Uniform Foreign-Money Claims Act.”
10 Del. C. § 1066 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1066
§ Â
        1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.
Status: in_force

The Court, in the exercise of its criminal jurisdiction or in any delinquency proceeding against a child, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the rules of the Court.
10 Del. C. § 5208 — Delaware Code / Title 10 / Chapter 52 / Section 5208
§ Â
        5208. Conversions of foreign money in distribution proceeding.
Status: in_force

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
10 Del. C. § 9902 — Delaware Code / Title 10 / Chapter 99 / Section 9902
§ Â
        9902. Appeal as of right.
Status: in_force

(a) The State shall have an absolute right to appeal to an appellate court a final order of a lower court where the order constitutes a dismissal of an indictment or information or any count thereof, or the granting of any motion vacating any verdict or judgment of conviction where the order of the lower court is based upon the invalidity or construction of the statute upon which the indictment or information is founded or the lack of jurisdiction of the lower court over the person or subject matter.

(b) When any order is entered before trial in any court suppressing or excluding substantial and material evidence, the court, upon certification by the Attorney General that the evidence is essential to the prosecution of the case, shall dismiss the complaint, indictment or information or any count thereof to the proof of which the evidence suppressed or excluded is essential. Upon ordering the complaint, indictment or information or any count thereof dismissed pursuant to the Attorney General’s certification, the reasons of the dismissal shall be set forth in the order entered upon the record.

(c) The State shall have an absolute right of appeal to an appellate court from an order entered pursuant to subsection (b) of this section and if the appellate court upon review of the order suppressing evidence shall reverse the dismissal, the defendant may be subjected to trial.

(d) The State shall have an absolute right to appeal to an appellate court from any order entered in a lower court which grants an accused any of the following: a new trial or judgment of acquittal after a verdict; a modification of a verdict; an arrest of judgment; relief in any postconviction proceeding or in any action collateral attacking a criminal judgment; a new punishment hearing in a capital case after the court has imposed a sentence of death; or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable; except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitutions of the United States or of this State.

(e) The State shall have an absolute right to appeal to an appellate court any ruling of a lower court on a question of law or procedure adverse to the State in any case in which the accused was convicted and appeals from the judgment, except that the decision or result of the State’s appeal shall not affect the rights of the accused unless the accused, on his or her appeal, is awarded a new trial or a new sentencing hearing. Once the State perfects its cross-appeal, the appellate court shall review and rule upon the questions presented therein regardless of the disposition of the defendant’s appeal.

(f) The State shall have an absolute right to appeal any sentence on the grounds that it is unauthorized by, or contrary to, any statute or court rule, in which case the decision or result of the State’s appeal shall affect the rights of the accused.

(g) Any appeal brought by the State pursuant to subsection (e) or (f) of this section shall be personally authorized by either the Attorney General or the Chief Deputy Attorney General.
10 Del. C. § 349 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 349
§ Â
        349. Arbitration proceedings for business disputes.
Status: in_force

(a) The Court of Chancery shall have the power to arbitrate business disputes when the parties request a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, to arbitrate a dispute. For a dispute to be eligible for arbitration under this section, the eligibility criteria set forth in § 347(a) and (b) of this title must be satisfied, except that the parties must have consented to arbitration rather than mediation.

(b) Arbitration proceedings shall be considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal. In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its rules, and to the extent applicable, the rules of the Court of Chancery.

(c) Any application to vacate, stay, or enforce an order of the Court of Chancery issued in an arbitration proceeding under this section shall be filed with the Supreme Court of this State, which shall exercise its authority in conformity with the Federal Arbitration Act [68 P.L. 401; 68 Cong. Ch. 213, 43 Stat. 883, codified as 9 U.S.C. §§ 1-16, 201-208, and 301-307], and such general principles of law and equity as are not inconsistent with that Act.
10 Del. C. § 9540 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9540
§ Â
        9540. Entry of judgment; endorsement on cause of action.
Status: in_force

Every justice of the peace, upon entering judgment upon any cause of action arising from any promissory note, bank check or due bill, or other evidences of indebtedness under the hand of the debtor, shall endorse on such cause of action the year, month and day of entering such judgment, with a reference to the docket, showing the page of such docket, and the number of such judgment, and shall file such cause of action in his or her office, which cause of action shall be a part of the record.
10 Del. C. § 8129 — Delaware Code / Title 10 / Chapter 81 / Section 8129
§ Â
        8129. Inheritance and estate taxes.
Status: in_force

No action shall be brought by the State for the collection of inheritance taxes and estate taxes upon the estate of any decedent after the expiration of 20 years from the decedent’s date of death.
10 Del. C. § 1961 — Delaware Code / Title 10 / Chapter 19 / Subchapter III / Section 1961
§ Â
        1961. Preparation of judicial reports.
Status: in_force

The Committee on Publications of Opinions, appointed by the Chief Justice of the Delaware Supreme Court in accordance with a rule of that Court, shall report such opinions of the Supreme Court, the Chancery Court and the Superior Court, as in its judgment are deemed proper to be reported; and the Committee shall have such reported opinions, together with any court rules and proceedings as it may select, printed and published in bound volumes in such manner and under such terms as it shall determine. The Committee shall deposit such number of copies as are deemed needed for public use with the Secretary of State, to be distributed in accordance with law.