10 Del. C. § 6111 — Delaware Code / Title 10 / Chapter 61 / Section 6111
§ Â
        6111. Costs.
Status: in_force

The costs of any condemnation proceeding provided for in this chapter, including a reasonable fee for the commissioners but in no case to exceed $20 per day for each commissioner, and including the cost of giving notice by publication and by registered mail as provided in § 6106 of this title, shall be borne and paid for by the plaintiff or plaintiffs in the proportions determined by the Court. Fees of counsel or of experts retained by any party may not be taxed as costs under any circumstances upon any of the parties or considered in determining the issue of just compensation, except as follows:

(1) At any time prior to the day before the compensation trial of a condemnation proceeding begins, the plaintiff shall serve upon the defendant(s) an offer to allow judgment to be taken against the plaintiff, in accordance with the terms of the offer, exclusive of court costs and interest. If the defendant(s) accept the offer by serving a written notice of acceptance upon the plaintiff, either party may then file the offer and notice of acceptance with the Court, together with proof of service thereof, and thereupon the prothonotary shall enter the notice of acceptance as if it were the final award pursuant to § 6108 of this title. An offer not accepted prior to the swearing of the commissioners pursuant to § 6108(c) of this title shall be deemed withdrawn, and evidence thereof is not admissible except in a later proceeding to determine costs pursuant to this section. The fact that an offer is made but not accepted shall not preclude a subsequent offer.

(2) If the award of just compensation, exclusive of interest, is closer to the highest valuation evidence provided at trial on the defendant’s behalf than the plaintiff’s offer made under paragraph (1) of this section, the defendant may apply for an order for the plaintiff to pay the defendant’s reasonable litigation expenses, including reasonable attorney, appraisal, engineering or other expert witness fees actually incurred because of the compensation trial, by serving on the plaintiff and filing with the prothonotary a verified application therefor within 15 days after the final confirmed condemnation award. The application shall show cause why the defendant is entitled to an award pursuant to this paragraph; state the amount sought; and include an itemized statement under oath from an attorney or expert witness representing or appearing at trial on behalf of the defendant stating the fee charged, the basis therefor, the actual time expended and all actual expenses for which the recovery is sought. If requested by any party, or upon its own motion, the Court may hear the parties with respect to the matters raised by the application and determine the amount of litigation expenses to be awarded. Any order of the Court awarding expenses pursuant to this paragraph shall be filed with the prothonotary and, unless appealed within 30 days, shall be a final order. Any expenses awarded by the Court pursuant to this paragraph shall be paid within 30 days of the Court’s final order. The Court, in its discretion, may reduce the amount to be awarded pursuant to this paragraph, or deny such award, to the extent that the defendant, during the course of the proceeding, engaged in conduct which unduly and unreasonably protracted the final resolution of the action, or to the extent the Court finds that the position of the plaintiff was substantially justified, or that special circumstances make an award of expenses unjust. In no event shall the amount of the expenses awarded pursuant to this paragraph exceed the amount awarded as just compensation.

(3) If the award of just compensation, exclusive of interest, is lower than the plaintiff’s offer made under paragraph (1) of this section, the plaintiff may apply for an order for the defendant to pay the plaintiff’s reasonable litigation expenses incurred after the service of the offer, excluding attorney fees but including reasonable appraisal, engineering or other expert witness fees actually incurred because of the condemnation trial, by serving on the defendant and filing with the prothonotary a verified application therefor within 15 days after the final confirmed condemnation award. The application shall show cause why the plaintiff is entitled to an award pursuant to this paragraph; state the amount sought; and include an itemized statement under oath from an attorney or expert witness representing or appearing at trial on behalf of the plaintiff stating the fee charged, the basis therefor, the actual time expended, and all actual expenses for which the recovery is sought. If requested by any party, or upon its own motion, the Court may hear the parties with respect to the matters raised by the application and determine the amount of litigation expenses to be awarded. Any order of the Court awarding expenses pursuant to this paragraph shall be filed with the prothonotary and, unless appealed within 30 days, shall be a final order. Any expenses awarded by the Court pursuant to this paragraph may be deducted from the award of just compensation, unless payment of the expenses awarded is otherwise made within 30 days of the Court’s final order. The Court, in its discretion, may reduce the amount to be awarded pursuant to this paragraph, or deny such award, to the extent that the plaintiff, during the course of the proceeding, engaged in conduct which unduly and unreasonably protracted the final resolution of the action, or to the extent the Court finds that the position of the defendant was substantially justified, or that special circumstances make an award of expenses unjust. In no event shall the amount of the expenses awarded pursuant to this paragraph exceed the amount awarded as just compensation.
10 Del. C. § 8907 — Delaware Code / Title 10 / Chapter 89 / Section 8907
§ Â
        8907. Interpreters for persons who are deaf in legal proceedings; fees.
Status: in_force

A person who is deaf who is a party to, or a witness in, any legal proceeding shall have a right to a qualified interpreter of deaf sign-language and the court shall appoint such an interpreter to interpret the proceedings to, and the testimony of, a person who is deaf. The fee for an interpreter shall be fixed by the court in its discretion. In criminal actions, fees shall be paid out of funds provided by law or by the government as the court may direct. In civil actions, fees shall be paid out of funds provided by law or by 1 or more of the parties as the court may direct and may be taxed ultimately as costs, in the discretion of the court.
10 Del. C. § 6211 — Delaware Code / Title 10 / Chapter 62 / Section 6211
§ Â
        6211. Costs of proceedings.
Status: in_force

The costs of proceedings for vacating the dedication of property shall be paid by the petitioners, unless such petition is granted in which case such costs shall be paid by the party or persons authorized by the return to enclose it, and in the pro rata share fixed by the return.
10 Del. C. § 9521 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9521
§ Â
        9521. Mode of proceeding.
Status: in_force

The proceeding in any civil action for debt, as described in § 9301 of this title, shall be by summons, or attachment.
10 Del. C. § 4755 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4755
§ Â
        4755. Officer holding execution; return of payments or settlement.
Status: in_force

(a) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return of such receipt or settlement, under his or her hand, endorsed upon the execution, with the sum and date of each payment, if the execution is not fully satisfied. If the receipt or settlement is after the execution is returned, it shall be certified, within 30 days thereafter, to the prothonotary in whose office the execution is. In such latter case, the prothonotary shall annex the certificate to the execution. The prothonotary shall enter every return of payment or settlement upon the docket of the execution. If the judgment is thus satisfied, the prothonotary shall also note it on the record of such judgment.

(b) This section does not extend to an execution issued by a justice of the peace or the Court of Common Pleas.
10 Del. C. § 3721 — Delaware Code / Title 10 / Chapter 37 / Subchapter II / Section 3721
§ Â
        3721. Definitions.
Status: in_force

As used in this subchapter:

(1) “Child” includes any natural born child or adopted child.

(2) “Parent” includes the mother and father or adopted mother and father of a deceased child.

(3) “Person” includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(4) “Sibling” means brothers and sisters of the whole and half blood or by order of adoption.

(5) “Wrongful act” means an act, neglect or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.
10 Del. C. § 345 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 345
§ Â
        345. Power to invest moneys and take security.
Status: in_force

The Court of Chancery may, in the securing or investing of a sum or sums of money under orders of the Court, cause to be taken for the same, in any case not otherwise provided for by law, a recognizance, bond or mortgage in the name of the State, with condition for the payment of the money so to be secured in such manner and subject to such provisions as the Court orders, to the end that the money may be secured for the use and benefit of the person or persons who may be entitled to or interested in the same. Upon any recognizance, bond or mortgage so to be taken, a suit may be prosecuted to judgment and execution in the name of the State, but for the use of any person or persons injured by the breach of such recognizance, bond or mortgage, pursuant to the provisions of Chapter 75 of this title.

A Judge of the Court of Chancery may by general or special rule or order direct that any or all moneys deposited with the Court of Chancery in connection with any action in such Court: (1) be deposited in 1 or more interest-bearing accounts or deposits in any bank or savings institution upon such terms as shall be determined by the Court; or (2) be invested in securities of the United States of America of such duration that such money may be available when reasonably required. Any moneys so deposited may be deposited or invested with similar moneys from other actions, provided that records are maintained by the Court to identify the origin of all such moneys so received and deposited or invested.

All income and interest earned on all such deposits and investments are declared to be public moneys and shall from time to time on order of a Judge of such Court be paid to the State Treasurer.

The Register in Chancery in the county in which such funds are deposited or invested shall be responsible for the deposit or investment thereof as provided in this section, provided that the Register shall not be liable for any loss of deposit or investment not caused by his or her own negligence or misconduct.

Nothing contained in this section shall prevent the Court from ordering that moneys deposited in connection with any action be segregated or maintained in a special account or deposit if, in the judgment of the Court, that should be done.
10 Del. C. § 7341 — Delaware Code / Title 10 / Chapter 73 / Subchapter III / Section 7341
§ Â
        7341. Freedom from arrest; after-acquired property.
Status: in_force

A person discharged from imprisonment, pursuant to subchapters I and II of this chapter, shall not be afterwards arrested or imprisoned for any debt or demand contracted or existing before such discharge, except debts and demands of the United States, and also of persons who shall not have been summoned, nor appeared. Such discharge shall have no further effect. If any debt or demand, due or existing, at the time of such discharge, against the petitioner, shall not be fully satisfied out of the estate and property assigned, because of the insufficiency thereof, such debt, or any balance thereof remaining after a proper application of the estate and property assigned, may be recovered and levied out of any property or estate, which the petitioner may acquire or become entitled to, after the date of the assignment, excepting that exempted from execution under this chapter.
10 Del. C. § 5707 — Delaware Code / Title 10 / Chapter 57 / Section 5707
§ Â
        5707. Representation by attorney.
Status: in_force

A party has the right to be represented by an attorney, and may claim such right at any time at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. If a party is represented by an attorney, papers to be served on the party shall be served upon the party’s attorney.
10 Del. C. § 563 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 563
§ Â
        563. Default judgments; jury trial.
Status: in_force

A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded with accordingly.
10 Del. C. § 4984 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4984
§ Â
        4984. Deed by sheriff appointed to fill vacancy.
Status: in_force

Whenever an execution for sale of lands and tenements is directed and delivered to a sheriff in office who dies before the confirmation of the sale made under and by virtue of the execution, or who dies after confirmation of the sale but before the execution and acknowledgment of the deed to be made in pursuance thereof, then and in either case the sheriff appointed to fill the vacancy may make, execute and acknowledge a deed for the lands and tenements so sold to the purchaser thereof in pursuance of the confirmation, and the deed so made, executed and acknowledged by that sheriff shall be good and valid in law.
10 Del. C. § 4732 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4732
§ Â
        4732. Attorney confessing judgment upon warrant of attorney.
Status: in_force

When judgment is confessed by virtue of a warrant of attorney for a penalty, the attorney confessing the judgment shall, in a written direction to the officer entering the judgment, set down the real debt, and the time from which interest is to be calculated; which shall be entered by the officer upon the docket of the judgment.
10 Del. C. § 7104 — Delaware Code / Title 10 / Chapter 71 / Section 7104
§ Â
        7104. Maintaining a criminal nuisance.
Status: in_force

Any person, including but not limited to any owner, agent, employee or lessee, who uses occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance, or aids or abets therein, shall be liable for maintaining a criminal nuisance and shall be enjoined as provided in this chapter.
10 Del. C. § 5724 — Delaware Code / Title 10 / Chapter 57 / Section 5724
§ Â
        5724. Application of chapter to state and municipal contracts.
Status: in_force

This chapter applies to any written contract to which the State or any agency or subdivision thereof, or any municipal corporation or political division of the State shall be a party, except as provided in § 5725 of this title.
10 Del. C. § 8504 — Delaware Code / Title 10 / Chapter 85 / Section 8504
§ Â
        8504. Fees allowed by court.
Status: in_force

A court may, in its discretion, make a reasonable allowance for any service not expressly provided for in this part.
10 Del. C. § 344 — Delaware Code / Title 10 / Chapter 3 / Subchapter III / Section 344
§ Â
        344. Proceedings in chambers.
Status: in_force

All jurisdiction and powers of the Court of Chancery may be exercised in chambers.
10 Del. C. § 1802 — Delaware Code / Title 10 / Chapter 18 / Section 1802
§ Â
        1802. Statement of policy.
Status: in_force

The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices if regular judges are unavailable. The General Assembly finds and declares that the creation of special emergency judges does all of the following:

(1) Assures continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the State.

(2) Provides for the effective operation of government during an emergency.

(3) Facilitates the early resumption of functions temporarily suspended.
10 Del. C. § 3725 — Delaware Code / Title 10 / Chapter 37 / Subchapter II / Section 3725
§ Â
        3725. Purpose.
Status: in_force

The purpose of this subchapter is to permit the recovery of damages not limited to pecuniary losses by persons injured as the result of the death of another person.
10 Del. C. § 6913 — Delaware Code / Title 10 / Chapter 69 / Section 6913
§ Â
        6913. Remand.
Status: in_force

If the party is lawfully imprisoned or restrained and is not entitled to be discharged on giving bail, the party shall be remanded or otherwise properly committed.
10 Del. C. § 1985 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI-A / Section 1985
§ Â
        1985. Omission of satisfied liens from new indices.
Status: in_force

Whenever a new index is made under this subchapter for the records of judgments, mechanics’ liens, foreign or domestic attachments or other records of the Superior Court or prothonotary, the new index shall omit all such as have been fully and legally satisfied. No other change shall be made in the manner or system of keeping any index except by order of the Superior Court.
10 Del. C. § 1805 — Delaware Code / Title 10 / Chapter 18 / Section 1805
§ Â
        1805. Formalities of taking office.
Status: in_force

(a) At the time of an individual’s designation as a special emergency judge, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may succeed.

(b) Notwithstanding any other provision of law, no individual, as a prerequisite to the exercise of the powers or discharge of the duties of an office under this chapter to which the individual succeeds, is required to comply with any other provision of law relative to taking office.
10 Del. C. § 508 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 508
§ Â
        508. 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 court reporters, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Superior Court.
10 Del. C. § 4785 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4785
§ Â
        4785. Fees.
Status: in_force

Any person filing a foreign judgment shall pay to the prothonotary the same amount as is required for the filing of a civil action in the Superior Court of this State. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments obtained in the Superior Court of this State.
10 Del. C. § 9611 — Delaware Code / Title 10 / Chapter 95 / Subchapter III / Section 9611
§ Â
        9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions.
Status: in_force

(a) In trespass actions under § 9301 of this title, before the summons is issued, the plaintiff shall file a written statement under hand describing the injury of which the plaintiff complains. Service of a summons in an action under this subchapter shall be the same as with service of a summons in an action under subchapter II of this chapter.

(b) When the statement of injury alleges the operation of a vehicle by a servant, agent or employee of defendant, it shall not be necessary for the plaintiff at the trial to prove that the person operating the vehicle was a servant, agent or employee of the defendant or that the servant, agent or employee of the defendant was at the time of the occurrence for which the action is brought operating the vehicle in and about the course of his or her duties as a servant, agent or employee of defendant. These facts shall be taken to be admitted as alleged in the statement of injury unless the defendant, or when there is more than 1 defendant, some one of the defendants, shall have filed, at the latest upon the second day before the time fixed for trial, an affidavit denying that the operator of the vehicle was operating it as a servant, agent or employee of defendant, or that the operator of the vehicle was operating it in and about the course of his or her duties as a servant, agent or employee of defendant.

(c) Counterclaims, cross-claims and third-party actions shall be permitted in all civil actions in accordance with the Civil Rules of the Justice of the Peace Courts.
10 Del. C. § 3913 — Delaware Code / Title 10 / Chapter 39 / Section 3913
§ Â
        3913. Counterclaim in suits by or against executors or administrators.
Status: in_force

If either party sue or be sued as an executor or administrator, and there are mutual debts or credits or other claims between his or her testator or intestate and the other party, 1 debt or credit may be set off against the other and a counterclaim may be asserted as in other actions.
10 Del. C. § 8803 — Delaware Code / Title 10 / Chapter 88 / Section 8803
§ Â
        8803. Court review.
Status: in_force

(a) In all cases in which a court has granted an individual leave to proceed in forma pauperis, the court shall issue an order authorizing the filing of the complaint and establishing the amount of court costs and filing fees to be paid. The court may, in its discretion, establish a schedule for the payment of the costs and fees.

(b) Upon establishing the amount of fees and costs to be paid, the court shall review the complaint. Upon such review, the complaint shall be dismissed if the court finds the action is factually frivolous, malicious or, upon a court’s finding that the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of the issue(s) raised. Any order of dismissal shall specifically identify whether the complaint was factually frivolous, legally frivolous and/or malicious. Service of process shall not issue unless and until the court grants leave following its review.

(c) If a court does not dismiss a complaint pursuant to subsection (b) of this section, but the record subsequently reveals the action is factually frivolous, malicious or the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of issue(s) raised, the court may upon its own motion or the motion of a party, enter judgment against plaintiff and dismiss the complaint. Any such order of dismissal shall specifically identify whether the complaint was factually frivolous, legally frivolous and/or malicious.

(d) If, at any time, the court dismisses an action or otherwise enters judgment against a litigant proceeding in forma pauperis, the jurisdiction of the court over the litigant continues until all costs and fees associated with the action are paid.

(e) When a court finds that a litigant has abused the judicial process by filing frivolous or malicious litigation, the court may enjoin that litigant from filing future claims without leave of court. When so enjoined, any future requests to file claims must be accompanied by an affidavit certifying that:

(1) The claims sought to be litigated have never been raised or disposed of before in any court;

(2) The facts alleged are true and correct;

(3) The affiant has made a diligent and good faith effort to determine what relevant case law controls the legal issues raised;

(4) The affiant has no reason to believe the claims are foreclosed by controlled law; and

(5) The affiant understands that the affidavit is made under penalty of perjury.
10 Del. C. § 8904 — Delaware Code / Title 10 / Chapter 89 / Section 8904
§ Â
        8904. Witnesses; Court of Common Pleas for Kent County.
Status: in_force

The fees of witnesses in the Court of Common Pleas for Kent County, for the services specified, shall be as listed below:
10 Del. C. § 1326 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1326
§ Â
        1326. Appeal in civil actions.
Status: in_force

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

(b) The appeal shall be taken within 30 days of the final order, ruling, decision or judgment.

(c) The appeal shall be reviewed on the record and shall not be tried de novo.

(d) The Superior Court shall establish appeal procedures and supersedeas bond requirements by rule.
10 Del. C. § 4979 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4979
§ Â
        4979. Petition for deed.
Status: in_force

If a sale is made of lands and tenements by order of the Court of Chancery, or by virtue of an execution, and the officer making such sale, or the purchaser, is dead, or if such officer is out of office, and the purchase money is paid, without a deed being made pursuant to such sale, the purchaser, or other person having right under the purchaser by descent, devise, assignment, or otherwise, may prefer to the Superior Court, or Court of Chancery, at any term of such courts respectively, in the county wherein the premises are situate, a petition representing the facts, and praying for an order authorizing and requiring the sheriff, or if there is legal exception to the sheriff, a local law-enforcement officer for the time being, to execute and acknowledge a deed conveying to the petitioner the premises so sold, or a just proportion thereof. Thereupon the Court may make an order touching the conveyance of the premises according to justice and equity.
10 Del. C. § 5001 — Delaware Code / Title 10 / Chapter 49 / Subchapter VI / Section 5001
§ Â
        5001. Awarding of writ.
Status: in_force

If lands and tenements, exposed to sale by virtue of execution process, cannot be sold for want of buyers, the sheriff, or officer, shall make return upon the writ accordingly. Such return shall not make the officer liable for the debt or damages contained in the writ; but a writ of liberari facias shall be awarded and directed to the proper officer, commanding that officer to deliver to the plaintiff such part, or parts, of the premises as shall satisfy the plaintiff’s debt, or damages, with interest and costs, according to the valuation of 12 individuals, to hold to the plaintiff as the plaintiff’s free tenement, in satisfaction of the plaintiff’s debt, damages and costs, or so much thereof as the premises, by the valuation of 12 individuals will amount to.
10 Del. C. § 4933 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4933
§ Â
        4933. False wage claim; penalty.
Status: in_force

Whoever makes an affidavit to any debt or claim mentioned in § 4931(a) of this title which is untrue, shall be fined $50.
10 Del. C. § 7501 — Delaware Code / Title 10 / Chapter 75 / Section 7501
§ Â
        7501. Benefit of State and injured person.
Status: in_force

Every recognizance and bond, acknowledged or executed, pursuant to any law, or by the direction of the Governor, or of any court, by an executor, administrator, sheriff, or other officer, or person, to the State, with condition for the payment of money, or the execution, or performance, of any office, trust, or duties, shall be not only for the benefit of the State, but also upon trust for every person that may be injured by the breach of such condition. The proceeds of any bond forfeited for a party’s failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account.
10 Del. C. § 7704 — Delaware Code / Title 10 / Chapter 77 / Section 7704
§ Â
        7704. Nonemergency hearings.
Status: in_force

(a) A petitioner may request a lethal violence protective order by filing an affidavit or verified petition in the Superior Court that does both of the following:

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

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

(b) The following procedures govern a nonemergency proceeding:

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

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

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

(4) The petitioner has the burden of proving by clear and convincing evidence that the respondent poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.

(c) The Superior Court may adopt additional rules governing proceedings under this section.

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

(1) Allow the respondent to voluntarily relinquish to a law-enforcement agency receiving the Court’s order a firearm, projectile weapon, or ammunition owned, possessed, or controlled by the respondent.

(2) Allow the respondent to relinquish a firearm, projectile weapon, or ammunition owned, possessed, or controlled by the respondent to a designee of the respondent. A designee of the respondent must not reside with the respondent and must not be a person prohibited under § 1448 of Title 11. The designee must affirm to the Court and the Court must find that the designee of the respondent will keep a firearm, projectile weapon, or ammunition owned, possessed, or controlled by the respondent out of the possession of the respondent.

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

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

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

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

(e) If the Superior Court finds that there is not clear and convincing evidence to support the issuance of a lethal violence protective order, the Court shall not issue a lethal violence protective order, and shall vacate any emergency lethal violence protective order then in effect.

(f) If the Superior Court issues a lethal violence protective order under this section, the Court shall inform the respondent that the respondent is entitled to 1 hearing to request a termination of the order under § 7705 of this title, and shall provide the respondent with a form to request such a hearing.

(g) If a respondent is not present for a hearing under this section, the Superior Court shall direct that a lethal violence protective order issued be served immediately upon the respondent by personal service, any form of mail, or in any manner directed by the Court, including publication if other methods of service have failed or deemed to have failed or deemed to have been inadequate.

(h) The Superior Court shall give a certified copy of the order to the petitioner and respondent after the hearing and before the petitioner and respondent leave the courthouse.

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

(j) Relief granted under this section shall be for a fixed period of time not to exceed 5 years.
10 Del. C. § 9577 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9577
§ Â
        9577. Forms.
Status: in_force

The form of a scire facias shall be as follows:

AGAINST EXECUTORS OR ADMINISTRATORS

“ County, ss. The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of the peace, at said justice’s office in , on the day of at o’clock in the to show, if there be any cause, why execution should not be had against the said A. B., administrator (or executor) as aforesaid, of a judgment recovered by against the said C. D., deceased, before one of our justices of the peace, on the day of , 20, for the sum of , with costs; and have you then there this warrant.

AGAINST BAIL

“ County, ss. The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., bail of C. D., to appear before E. F., one of our justices of the peace, at said justice’s office in on the day of , at o’clock in the , to show if there be any cause, why execution should not be had against C.D. as such bail, of a judgment recovered by G. H., against the aforesaid C. D., before , one of our justices of the peace, on the day of , 20, for the sum of with costs.

AGAINST THE REPRESENTATIVES OF BAIL

“ County, ss. The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., administrator (or executor) of C. D., deceased, who was bail for , 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 show if there be any cause why execution should not be had against the said A. B., administrator (or executor) as aforesaid of the said C. D., who was bail as aforesaid, of a judgment recovered by , against the aforesaid before one of our justices of the peace, on the day of 20, for the sum of , with costs, and have you then there this warrant.

AGAINST THE REPRESENTATIVES OF A SURETY

Observe the form for use against the representatives of bail in all respects, except that where the word “bail” occurs, use the word “surety.”
10 Del. C. § 2010 — Delaware Code / Title 10 / Chapter 20 / Section 2010
§ Â
        2010. Preemption of conflicting provisions.
Status: in_force

The provisions of this chapter shall preempt and supersede but not repeal any conflicting provisions of this Code or any other provision of law.
10 Del. C. § 8804 — Delaware Code / Title 10 / Chapter 88 / Section 8804
§ Â
        8804. Prisoners.
Status: in_force

(a) When the individual seeking permission to proceed in forma pauperis is a prisoner, the prisoner shall file a certified summary of the prisoner’s inmate account, together with the affidavit required pursuant to § 8802 of this title. The summary shall contain all account activity for the 6-month period immediately preceding the filing of the complaint, or for the entire time the prisoner has been incarcerated, whichever time is less.

(b) If a court determines that a prisoner may proceed in forma pauperis, the court shall issue an order directing that the complaint be filed setting forth the total amount to be paid and establishing a schedule for payment. The schedule shall be established as follows:

(1) The prisoner shall pay 20% of the average daily balance of the prisoner’s inmate account over the previous 6-month period or the entire time that prisoner has been incarcerated, whichever time is less.

(2) In each successive month, until the established court costs and filing fees are paid in full, the prisoner shall pay 10% of the average daily balance of the prisoner’s inmate account for the preceding month.

(c) Nothing in this section shall limit the court’s ability to demand a greater amount than would result from this calculation based upon the information provided in the affidavit.

(d) Nothing in this section shall prohibit a prisoner from paying more than the minimum due under the court’s calculation.

(e) To the extent that a prisoner refuses to pay fees and costs as ordered by the court, pursuant to this section, the court may order the Department to debit the prisoner’s inmate account in accordance with § 8903(13) of Title 29.

(f) In no event shall a prisoner file a complaint or appeal of a judgment arising from a complaint brought in forma pauperis if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or an appeal in a federal court or constitutional or statutory court of the State that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted unless the prisoner is under imminent danger of serious physical injury at the time that the complaint is filed. Complaints or appeals therefrom dismissed prior to the enactment of this section shall be counted for purposes of determining the number of previously dismissed proceedings. No petition for a writ of habeas corpus or any appeal from the denial of any such petition shall be dismissed under this subsection.

(g) A prisoner may not bring or file a complaint relating to a condition of confinement, whether proceeding in forma pauperis or otherwise, unless the prisoner has fully exhausted all administrative remedies available through the institutional grievance procedure. The fact that monetary damages or any other form of legal or equitable relief may not be available through the grievance procedure shall not excuse the inmate from exhausting the institutional grievance procedure prior to filing a complaint.
10 Del. C. § 322 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 322
§ Â
        322. Court reporters.
Status: in_force

The Chancellor shall have power from time to time to appoint and remove at pleasure such number of skilled and competent stenographers, to be designated as court reporters, as shall be necessary for the proper operation of the Court, together with such additional clerical assistants as may be required. The duties of the court reporters shall be to attend all sessions of the Court of Chancery in the several counties and all hearings before the Chancellor or the Vice-Chancellor, as may be required, to report all evidence, opinions and other matters as the Chancellor or the Vice-Chancellor may require, and to perform such other duties as the Chancellor may prescribe. The court reporters and assistants shall receive such compensation as the Chancellor shall from time to time determine. The court reporters before entering upon their duties shall take and subscribe the oath of office as required by the Constitution.
10 Del. C. § 566 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 566
§ Â
        566. Health care malpractice litigation.
Status: in_force

(a) All health care malpractice claims shall be brought in the Superior Court by means of filing a complaint in the Superior Court in the manner set forth in Chapter 68 of Title 18.

(b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such rules as they are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the practice and procedure relating to the commencement, trial, hearing, and determination of civil actions in the Superior Court. Such rule-making power is in addition to all such rule-making powers otherwise granted to the Judges of the Superior Court in this title.
10 Del. C. § 5705 — Delaware Code / Title 10 / Chapter 57 / Section 5705
§ Â
        5705. Majority action by arbitrators.
Status: in_force

The powers of the arbitrators shall be exercised by a majority unless otherwise provided by the agreement.
10 Del. C. § 3926A — Delaware Code / Title 10 / Chapter 39 / Section 3926A
§ Â
        3926A. Production of reproductive health services records.
Status: in_force

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

(b) Notwithstanding any law or court rule to the contrary, in any civil action or proceeding, no health-care provider may disclose any of the following unless authorized in writing by the patient, the patient’s guardian, or legal representative:

(1) Any communication made to such health-care provider relating to reproductive health services from a patient or anyone acting on behalf of the patient including a legal representative or a parent of the patient.

(2) Any information obtained by personal examination of a patient relating to reproductive health services.

(c) Subsection (b) of this section does not apply under any of the following circumstances:

(1) If the records relate to a patient who is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health-care negligence and the request for records has been served on a named defendant(s) in that litigation.

(2) If the records are requested by a health-care licensing board and such request is made in connection with an investigation of a complaint to such licensing board and such records are related to such complaint.

(3) If the records are requested by the Department of Justice, a law-enforcement agency, or an agency charged with investigating child abuse, elder abuse, or abuse or a disabled person, incompetent person, or person with an intellectual disability if such request is made in connection with an investigation of abuse and such records are related to such investigation.

(d) Nothing in this section shall be construed to impede the lawful sharing of medical records amongst health-care providers as permitted by state or federal law.
10 Del. C. § 6504 — Delaware Code / Title 10 / Chapter 65 / Section 6504
§ Â
        6504. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent.
Status: in_force

Any person interested as or through an executor, administrator, trustee, guardian, fiduciary, adviser, or protector under § 3313(a) of Title 12, designated representative under § 3339 of Title 12, creditor, devisee, legatee, heir, next-of kin or cestui que trust, in the administration of a trust, or the administration of the estate of a decedent, an infant, or a person with a mental condition, may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next-of-kin or others; or

(2) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
10 Del. C. § 7005 — Delaware Code / Title 10 / Chapter 70 / Section 7005
§ Â
        7005. Remedies awarded on a successful claim for wrongful conviction.
Status: in_force

(a) Damages. —

A petitioner who prevails on a cause of action under § 7004 of this title shall be awarded the following categories of damages:

(1) Noneconomic damages arising from the wrongful conviction, including damages for loss of liberty and pain and suffering, according to proof, for a total sum not less than the equivalent of:

a. $100,000 for each year of incarceration while awaiting a sentence of death based on the conviction at issue, prorated for any partial years and adjusted by subsection (b) of this section.

b. $75,000 for each year of incarceration based on the conviction at issue, prorated for any partial years and adjusted by subsection (b) of this section.

c. $50,000 for each year spent on probation or parole or subject to a requirement of registration pursuant to § 4120 et seq. of Title 11 (sex offender registry) based on the conviction at issue, prorated for any partial years and adjusted by subsection (b) of this section.

(2) Economic damages arising from the wrongful conviction, according to proof.

(3) Compensation to those entitled to child support payments owed by the petitioner that became due, and interest on child support arrearages that accrued, but were not paid, during the time the petitioner served in prison.

(4) Reasonable attorneys’ fees, costs and expenses incurred in overturning, reversing, or vacating the petitioner’s conviction.

(5) Reasonable attorneys’ fees, costs and expenses incurred in obtaining relief under this section and § 7004 of this title. Petitioner’s attorneys may not collect any fees or costs in excess of the amounts awarded under this paragraph.

(6) Reimbursement of any unreimbursed costs, fines, fees, or surcharges imposed on petitioner as a result of the former conviction which were paid by or on behalf of the petitioner.

(7) Reimbursement of any unreimbursed restitution money paid by or on behalf of the petitioner as a result of the former conviction.

(8) Compensation for any reasonable reintegrative services and mental and physical health care costs incurred by the petitioner for the period between the petitioner’s release from incarceration and the date of the petitioner’s award.

(b) Annual adjustment. —

Beginning in 2025, and every year thereafter, the State Treasurer shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, Mid-Atlantic Region (All), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Treasurer makes the determination required by this subsection, the State Treasurer shall adjust the amounts prescribed under paragraphs (a)(1) through (a)(3) of this section for the following calendar year by multiplying the amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The State Treasurer shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the amounts in subsequent calendar years. The adjusted amounts become effective on July 1 of the year in which the adjustment is made, and apply to all claims filed under this section on or after July 1 of that year and before July 1 of the subsequent year.

(c) Exclusions. —

A petitioner is not entitled to compensation under paragraphs (a)(1) and (a)(2) of this section for any period during which the petitioner was serving a concurrent sentence for another crime for which the petitioner’s conviction was not overturned or vacated, and except to the extent:

(1) The sentence for that other crime was longer than it would have been without 1 or more of the crimes at issue in the petition.

(2) The intact conviction was based on a Robinson plea or a plea of no contest while maintaining a claim of innocence, that the petitioner took in order to resolve the underlying case after the original conviction was overturned, reversed, or vacated on direct or collateral review, and the petitioner proves by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the Robinson plea or no contest plea, or that there was no crime committed.

(d) Timing of award. —

An award of damages under this section of $1 million or less shall be paid to the petitioner in a lump sum. If an award of damages under this section exceeds $1 million, then $1 million of the award shall be paid to the petitioner in a lump sum and the remainder shall be paid annually in equal payments over 5 years.

(e) No offset for costs of services, indigent defense, or incarceration. —

An award of damages under this section is not subject to offset for any of the following:

(1) Costs or expenses incurred by the State or any of its agencies or subdivisions, including costs under § 8913 of Title 29, expenses incurred to secure the petitioner’s incarceration, and expenses to feed, clothe, or provide medical services for the petitioner while incarcerated.

(2) The value of any goods or services provided to the petitioner pursuant to § 7009 of this title.

(3) Costs of defense pursuant to § 8601 of this title.

(f) Expungement of criminal record. —

When a petitioner prevails on a petition under § 7004 of this title, the court shall enter an order of expungement pursuant to § 1017 of this title, for juvenile delinquency adjudications, pursuant to § 4373 of Title 11, for criminal convictions, or both, as applicable to the convictions at issue in the petition. The expungement order must provide that the petitioner is entitled, upon request to the State Bureau of Identification, to copies of the arrest and criminal records related to the convictions at issue in the petition.

(g) Certificate of innocence. —

When a petitioner prevails on a cause of action under § 7004 of this title, the Superior Court shall give notice to the Department of Justice, including a description of each applicable conviction, the fact and date of the Superior Court’s finding of innocence on each such conviction, and the time periods for which the petitioner was awarded damages under paragraphs (a)(1) through (a)(3) of this section. Within 60 days of receiving the notice from the Superior Court, the Department of Justice shall provide to the petitioner a 1-page letter on Department of Justice letterhead, signed by or on behalf of the Attorney General, stating that the petitioner has been found to be innocent of the crimes at issue, and listing the time periods that the petitioner spent wrongfully incarcerated, or wrongfully in a psychiatric hospital, the time periods the petitioner spent wrongfully on parole or probation, if applicable, and the time periods the petitioner wrongfully spent on the sex offender registry, if applicable.

(h) Other remedies. —

The acceptance by the petitioner of an award of damages or other relief (or both) under this section does not preclude the petitioner from obtaining damages or other relief available under law.

(i) Offset. —

If the petitioner previously won a monetary award in a civil action for wrongful conviction or imprisonment for the crimes at issue in the petition, or has entered into a settlement agreement for a civil action for wrongful conviction or imprisonment for the crimes at issue in the petition, any award of noneconomic damages under § 7005 of this title will be reduced to the extent of any noneconomic damages, and any award of economic damages under § 7005 of this title will be reduced to the extent of any economic damages, that the petitioner has received in the civil action award or settlement agreement, less any attorneys’ fees, expenses and out-of-pocket costs paid by the petitioner in connection with obtaining the civil action award or settlement.

(j) Reimbursement. —

If the petitioner has received an award under this chapter, and subsequently wins a monetary award in a civil action for wrongful conviction or imprisonment for the crimes at issue in the petition, or has entered into a settlement agreement for wrongful conviction or imprisonment for the crimes at issue in the petition, the petitioner shall reimburse the State to the extent of any non-economic damages awarded under § 7005 of this title, and to the extent of any economic damages awarded under § 7005 of this title, less any attorneys’ fees, expenses and out-of-pocket costs paid by the petitioner in connection with obtaining the civil action award or settlement, up to the full amount awarded under this chapter for economic and noneconomic damages, respectively.
10 Del. C. § 1305 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1305
§ Â
        1305. Places of holding Court.
Status: in_force

Court shall be held:

(1) In New Castle County, at Wilmington;

(2) In Kent County, at Dover; and

(3) In Sussex County, at Georgetown.
10 Del. C. § 368 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 368
§ Â
        368. Commissions for taking answers and examining witnesses.
Status: in_force

The Court of Chancery may award commissions for taking answers and examining witnesses, in all causes brought before it.
10 Del. C. § 2507 — Delaware Code / Title 10 / Chapter 25 / Section 2507
§ Â
        2507. Audit of fees.
Status: in_force

The books, accounts, papers, records and dockets of the Register in Chancery Office shall be subject to audit, inspection and examination by the State Auditor in accordance with state law.
10 Del. C. § 8103 — Delaware Code / Title 10 / Chapter 81 / Section 8103
§ Â
        8103. Recognizance in Chancery Court.
Status: in_force

No action shall be brought upon any recognizance taken in the Chancery Court, with condition for the payment of the appraised value or purchase money of lands or tenements, against any surety in such recognizance, or the heirs, terre-tenants, executors, or administrators, of such surety, after the expiration of 3 years from the time when the value, or money, mentioned in the condition, or the last installment thereof (when it is payable by installments), is due.
10 Del. C. § 9579 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9579
§ Â
        9579. Issuance, service and return of writ; proceedings.
Status: in_force

A scire facias may be issued by the justice rendering a judgment, or by any other justice, who has the record of such judgment, or a transcript thereof before such justice. It shall be issued, served and returned in the same way as an original summons, and similar proceedings may be had to judgment, execution and appeal, as in other cases; but there shall be no stay of execution on a judgment on scire facias, nor shall any proceedings against bail be affected hereby.
10 Del. C. § 3912 — Delaware Code / Title 10 / Chapter 39 / Section 3912
§ Â
        3912. Counsel fees; recovering in actions on written instruments.
Status: in_force

In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the action, suit or proceeding recovers judgment in any sum, the plaintiff or lien holder may also recover reasonable counsel fees, which shall be entered as a part of the judgment in the action, suit or proceeding. Such counsel fees shall not in any such action, suit or proceeding, exceed 20 percent of the amount adjudged for principal and interest. Such counsel fees shall not be entered as a part of such judgment unless the note, bond, mortgage, invoice or other instrument of writing sued upon, by the terms thereof, expressly provides for the payment and allowance thereof, except in the cases of mechanic’s liens in which no express agreement shall be necessary in order to entitle the lien holder to reasonable counsel fees.
10 Del. C. § 8501 — Delaware Code / Title 10 / Chapter 85 / Section 8501
§ Â
        8501. Definitions.
Status: in_force

As used in this part, unless otherwise specifically provided:

  “Line,” when used as a measure of computation, means 10 words.
10 Del. C. § 128 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 128
§ Â
        128. Administrative Office of the Courts.
Status: in_force

(a) The Administrative Office of the Courts is hereby created with a State Court Administrator as head thereof.

(b) The State Court Administrator shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court of the State. In the event the Chief Justice appoints as State Court Administrator an attorney-at-law admitted to practice before the Delaware Supreme Court, such State Court Administrator shall not practice law while serving as State Court Administrator.

(c) The salary of the State Court Administrator shall be determined by the Chief Justice, but in no event shall be greater than the salary of a Judge of the Superior Court.

(d) The function of the office shall be to assist the Chief Justice in carrying out the Chief Justice’s constitutional responsibilities as administrative head of all the courts in the State, and the duties of the office shall be as prescribed by the Chief Justice or by rule of the Supreme Court of the State.

(e) The State Court Administrator may, with the approval of the Chief Justice, appoint such deputies, administrative assistants, and clerical personnel as are required.

(f) The State Court Administrator shall have oversight of the Judicial Information Center, the Office of State Court Collections Enforcement, and the law libraries.
10 Del. C. § 2306 — Delaware Code / Title 10 / Chapter 23 / Section 2306
§ Â
        2306. Entry of judgment by confession.
Status: in_force

(a) A judgment by confession may be entered by the prothonotary, either for money due or to become due, or to secure the obligee against a money contingent liability, or both, on the application by the obligee or assignee of a bond, note or other obligation containing a warrant for an attorney-at-law or other person to confess judgment.

(b) A judgment by confession shall not be entered as a final judgment, effective in all respects as a judgment after trial, until the prothonotary gives written notice to the defendant-obligor by certified mail, return receipt requested, of an opportunity for a judicial determination as to whether the defendant-obligor understandingly waived his or her right to notice and an opportunity to be heard prior to the entry of final judgment against him or her.

(c) In the case of a defendant-obligor who was at the time of executing the document authorizing the confession of judgment, a nonresident, the plaintiff must also file with the prothonotary an affidavit executed by the defendant-obligor stating:

(1) The sum of money for which judgment may be entered;

(2) Authorization of entry of judgment in the Superior Court of the State in and for a specific county;

(3) The contact with the State in the transaction;

(4) Defendant-obligor’s mailing address and residence where he or she most likely would receive mail.

(d) The prothonotary shall send by certified mail, return receipt requested, a copy of the document authorizing the confession of judgment, the notice as aforesaid and, where applicable, a copy of the defendant-obligor’s affidavit provided for in subsection (c) of this section.

(e) When service cannot be effected by certified mail, return receipt requested, service shall be accomplished by the publication of said notice once per week for 2 weeks in a newspaper of general circulation in the county in which the judgment is sought to be entered and also once per week for 2 weeks in a newspaper of general circulation in the county in which the defendant-obligor is last known to have resided.

(f) Prior to the issuance of any writ of execution sought on a confessed judgment entered prior to July 9, 1971, the prothonotary shall serve on the defendant-obligor by certified mail, return receipt requested, or in the event of failure of service in that manner, by publication as heretofore provided, the notice as provided for in subsection (b) of this section. If the defendant-obligor appears to contest the judgment, the appearance shall be noted and in the case of nonresidents, the appearance shall constitute the appointment of the prothonotary as the defendant-obligor’s agent to receive service. If the prothonotary acts as the agent of the defendant-obligor to receive service, the prothonotary must immediately forward to the defendant-obligor by certified mail, return receipt requested, all such service he or she receives, pursuant to the provisions of this section or the rules of court. Thereafter, the issues shall be joined on the question of the indebtedness and the question of whether there was an understanding waiver of notice and an opportunity to be heard prior to judgment having been entered against the defendant-obligor. At the hearing on the issues, if plaintiff prevails, the lien of the plaintiff’s judgment shall relate back to the date of its original entry.

(g) At the conclusion of the hearing provided for in subsection (b) of this section, if the plaintiff prevails on the issue of whether the defendant-obligor understandingly waived notice and an opportunity to be heard prior to the entry of judgment against him or her, then judgment shall be entered by the prothonotary pursuant to this section as of the date the confessed judgment was originally lodged with the prothonotary.

(h) In addition to the procedure herein set forth, the Superior Court may adopt rules for confession of judgments by defendant-obligor in open court; provided, however, the debtor is afforded a judicial determination on the question of whether he or she has understandingly waived any of his or her constitutional rights concerning the entry of judgment and the right to execution thereon.

(i) The Superior Court may adopt appropriate and specific rules to effectuate the intent and purpose of this section.

(j) Notwithstanding the opportunity for hearing provided in subsection (b) of this section above the defendant-obligor will not be deemed to have waived the right to present defenses of which he or she had no knowledge at the time he or she signed the instrument containing a warrant of attorney to confess judgment, or which arose subsequent to the signing of such instrument. A stay of execution shall be automatically given on all judgments entered hereunder until the defendant-obligor is afforded an opportunity for hearing to present those defenses not deemed to have been waived. Prior to execution the prothonotary shall serve notice to the defendant-obligor in the manner above provided for residents or nonresidents as the case may be, and such notice shall include a warning that defendant-obligor’s property will be seized and sold or his or her wages attached on failure to appear.
10 Del. C. § 8122 — Delaware Code / Title 10 / Chapter 81 / Section 8122
§ Â
        8122. Marking and bounding lands.
Status: in_force

The return of commissions to mark and bound lands, if no action is brought to controvert the same within 7 years, shall be conclusive evidence of the original location of such land, and of the lines and boundaries thereof, saving to infants, persons insane, imprisoned or beyond sea, and those claiming under them, the right to bring such action within 5 years from the removal of such disability. The term of 7 years shall not begin to run against any person while such person is in possession of the land in controversy.
10 Del. C. § 1993 — Delaware Code / Title 10 / Chapter 19 / Subchapter VII / Section 1993
§ Â
        1993. Powers of commissioners.
Status: in_force

The commissioner or commissioners of the courts covered by the provisions of this subchapter shall have the power to issue warrants, or, upon the request of the prosecuting officer of a particular court or upon the request of the police, issue a summons for the arrest of persons for offenses alleged to have been committed against this State, or for any violation of an ordinance or legislative act of a municipality or county. In connection with the complaint made as to the commission of a criminal offense, the commissioner or commissioners are authorized to administer the oath of the person making the criminal complaint. All warrants shall bear the teste date of the chief judge or senior judge of the particular court involved in the issuance of the warrant.

A commissioner is further authorized to fix and approve bail, except for offenses in which the penalty may be death, in accordance with the laws of this State granting, fixing and approving bail bonds and recognizances.
10 Del. C. § 545 — Delaware Code / Title 10 / Chapter 5 / Subchapter III / Section 545
§ Â
        545. Power to receive appeals involving personnel administration of the Delaware court system.
Status: in_force

(a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the “Personnel Rules for Nonjudicial Employees of the Delaware Court System.”

(b) Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within 30 days of receipt of the written decision of the hearing officer.

(c) Review by the Superior Court shall be on the record, without a trial de novo. When factual determinations are at issue, the court shall take account of the experience and specialized competence of the hearing officer. The court review of factual issues shall be limited to a determination of whether the hearing officer’s decision was supported by substantial evidence on the record.

(d) In the event that the appeal involves a nonjudicial employee of the Superior Court, the Chief Justice of the Supreme Court shall designate a member of the Court of Chancery to hear the appeal.
10 Del. C. § 5807 — Delaware Code / Title 10 / Chapter 58 / Section 5807
§ Â
        5807. Hearing; witnesses; prehearing evidence gathering; rulings before final award.
Status: in_force

(a) Unless otherwise provided in an agreement, an arbitrator shall appoint a time and place for a hearing or an adjourned hearing, either of which may be held within or without the State and within or without the United States. Notwithstanding the foregoing sentence, the seat of an arbitration is the State of Delaware. Unless otherwise provided in an agreement, a party to an arbitration is entitled to be heard, to present evidence relevant to the arbitration, and to cross-examine witnesses appearing at a hearing. Notwithstanding the foregoing, an arbitrator may make such interim rulings and issue such interim orders as the arbitrator deems necessary to determine what evidence and which witnesses may be presented at the hearing, including to limit the presentation of evidence and witnesses as necessary to satisfy § 5808(b) of this title. An arbitrator may resolve an arbitration on the evidence produced at a hearing notwithstanding the failure of a party duly notified to appear or participate at the hearing.

(b) Unless otherwise provided in an agreement, an arbitrator has the power to administer oaths and may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence. Only if provided in an agreement, an arbitrator has the power to issue subpoenas, and all provisions of law compelling a person under subpoena to testify are applicable. Only if provided in an agreement, an arbitrator may award commissions to permit a deposition to be taken, in the manner and on the terms designated by the arbitrator, of a witness who cannot be subpoenaed.

(c) An arbitrator may make such rulings, including rulings of law, and issue such orders or impose such sanctions as the arbitrator deems proper to resolve an arbitration in a timely, efficient, and orderly manner.
10 Del. C. § 5109 — Delaware Code / Title 10 / Chapter 51 / Section 5109
§ Â
        5109. Cases within jurisdiction of justice of the peace brought in Superior Court.
Status: in_force

If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.
10 Del. C. § 8110 — Delaware Code / Title 10 / Chapter 81 / Section 8110
§ Â
        8110. Mesne profits after ejectment.
Status: in_force

When, after a recovery in ejectment, an action is brought for mesne profits, if such action is commenced within 6 months after the ejectment, or, if there is an appeal or a writ of error, within 6 months after the affirmance of the judgment, or other determination of the proceeding in error, the action shall, so far as to avoid the intermediate operation of § 8106 of this title, be deemed a continuation of the proceeding in ejectment. The plaintiff shall not be debarred from recovering mesne profits for 3 years next preceding the commencement of the ejectment.
10 Del. C. § 1990 — Delaware Code / Title 10 / Chapter 19 / Subchapter VII / Section 1990
§ Â
        1990. Definitions.
Status: in_force

As used in this subchapter, unless a different meaning is clearly indicated by the context:

(1) “Commissioner” means a judicial officer of a particular court authorized to perform the judicial powers and duties of the court in issuing warrants in criminal cases and the fixing and approving of bail.

(2) “Court” or “courts” means such court or courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State.

(3) “Governing body” means the town council, city council, commissioners or other legislative body charged with governing the municipality, or Levy Court Commissioners, or other legislative body charged with governing the county.
10 Del. C. § 1064 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1064
§ Â
        1064. Merger; effect on Judges; employees; cases; records; prior offenses.
Status: in_force

(a) Effective September 7, 1971, the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties are merged into 1 Family Court and shall not thereafter function as separate Courts.

(b) All employees of the Family Courts at the time of the merger are employees of the merged court, without diminution of rank, position, authority, or compensation by reason of enactment of this chapter.

(c) Any case within the jurisdiction of the Family Court previously adjudicated in any court active at the time of the merger was transferred to and continued in the merged court, and the records therein are the records of the merged court, which shall carry out such orders as were previously made in the case.

(d) No offense committed and no penalty or judgment incurred under the provisions of any law existing prior to the merger shall be affected by this chapter.
10 Del. C. § 9505 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9505
§ Â
        9505. Advice to litigants on right of appeal.
Status: in_force

After entering judgment in all civil and criminal cases, the Justice of the Peace Courts shall immediately advise the party litigants in civil cases and defendants in criminal cases of their right to take an appeal from the decision of the justice of the peace and shall inform all party litigants and defendants of the time and manner in which the appeal shall be taken. The records of the justice of the peace shall contain an entry indicating the information given by the justice of the peace.
10 Del. C. § 9639 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9639
§ Â
        9639. Fees.
Status: in_force

In proceedings under this subchapter, witnesses shall have the same fees as for attendance before justices of the peace in other actions.
10 Del. C. § 4311 — Delaware Code / Title 10 / Chapter 43 / Subchapter I / Section 4311
§ Â
        4311. Delaware Uniform Interstate Depositions and Discovery Act.
Status: in_force

(a) Short title. — This section may be cited as the “Delaware Uniform Interstate Depositions and Discovery Act.”

(b) Definitions. — In this section:

(1) “Foreign jurisdiction” means a state other than Delaware.

(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

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

(5) “Subpoena” means a document, however denominated, issued under authority of court of record requiring a person to:

a. Attend and give testimony at a deposition;

b. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

c. Permit inspection of premises under the control of the person.

(c) Issuance of a subpoena. — (1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the prothonotary in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.

(2) When a party submits a foreign subpoena to a prothonotary in this State, the prothonotary, in accordance with the court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(3) A subpoena issued under paragraph (c)(2) of this section must:

a. Incorporate the terms used in the foreign subpoena; and

b. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(d) Service of subpoena. — A subpoena issued by a prothonotary under subsection (c) of this section must be served in compliance with this title and applicable Superior Court Rules for service of subpoena.

(e) Deposition, production, and inspection. — This title and applicable court rules of this State applicable to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued pursuant to subsection (c) of this section.

(f) Application to Court. — An application to the Superior Court for a protective order or to enforce, quash, or modify a subpoena issued by the prothonotary under subsection (c) of this section must comply with the rules or statutes of this State and be submitted to the Superior Court in the county in which discovery is to be conducted.

(g) Uniformity of application and construction. — 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.

(h) Application to pending actions. — This section applies to requests for discovery in cases pending on the effective date of this section [July 12, 2010].

(i) Effective date. — This section takes effect upon enactment [July 12, 2010].
10 Del. C. § 4513 — Delaware Code / Title 10 / Chapter 45 / Section 4513
§ Â
        4513. Disclosure and preservation of records.
Status: in_force

(a) The names of persons summoned for jury service shall be disclosed to the public and the contents of jury qualification forms completed by them shall be made available to the parties unless the Court determines that any or all of this information should be kept confidential or its use limited in whole or in part in any case or cases.

(b) Records used in the selection process shall not be disclosed, except in accordance with the jury selection plan or as necessary in the preparation or presentation of a motion challenging compliance with this chapter.

(c) Records used in the selection process shall be preserved for at least 4 years.
10 Del. C. § 8502 — Delaware Code / Title 10 / Chapter 85 / Section 8502
§ Â
        8502. Construction of fee provisions; time for payment of fees.
Status: in_force

This part shall be construed strictly and no fee shall be allowed for any service, except where otherwise expressly provided, until it has been actually performed.
10 Del. C. § 3107 — Delaware Code / Title 10 / Chapter 31 / Section 3107
§ Â
        3107. Arrest of nonresident on mesne process in suit by nonresident.
Status: in_force

It shall not be lawful, at the suit of any nonresident, to arrest and hold to bail on mesne process any person who is a nonresident of this State at the time of issuing such process against such person, for any debt contracted without the limits of this State. If any such nonresident is so arrested, he or she may apply by petition in writing to any judge of this State, setting forth his or her residence and the state in which the debt was contracted, and the judge, on the production of satisfactory proof that the plaintiff was a nonresident at the time of issuing the process, and also that the petitioner is a nonresident of this State, and that the debt on which the petitioner was arrested was not contracted in this State, shall discharge the petitioner from custody. This section shall not be construed as affecting in any degree the law of attachment.
10 Del. C. § 4914 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4914
§ Â
        4914. Exemptions in bankruptcy and insolvency.
Status: in_force

(a) In accordance with § 522(b) of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 522(b)), in any bankruptcy proceeding, an individual debtor domiciled in Delaware is not authorized or entitled to elect the federal exemptions as set forth in § 522(d) of the Bankruptcy Reform Act of 1978 (11 U.S.C. § 522(d)) and may exempt only that property from the estate as set forth in subsection (b) of this section or otherwise authorized by Delaware state law.

(b) In any federal bankruptcy or state insolvency proceeding, an individual debtor domiciled in Delaware shall be authorized to exempt from the bankruptcy or insolvency estate, in addition to the exemptions made in this subsection and in § 4915 of this title, personal property and/or equity in real property, other than the debtor’s principal residence having an aggregate fair market value of not more than $25,000.

(c) In any federal bankruptcy or state insolvency proceeding, an individual debtor and/or such individual’s spouse domiciled in Delaware shall be authorized to exempt from the bankruptcy or insolvency estate, in addition to the exemptions made in subsection (b) of this section and in § 4915 of this title, the following:

(1) Equity in real property or equity in a manufactured home (as defined in Chapter 70 of Title 25) which constitutes a debtor’s principal residence in an aggregate amount not to exceed $200,000.

(2) A vehicle and/or tools of the trade necessary for purposes of employment in an amount not to exceed $25,000 each.

(d) This section shall apply separately with respect to each debtor in a joint case but not to exceed $25,000 each in value in personal property and/or equity in real property, other than the debtor’s principal residence, a total not to exceed $200,000 in value in a principal residence in an individual or a joint case, and $25,000 each in subsection (c) of this section vehicle and $25,000 each in subsection (c) of this section tools of the trade.

(e) A debtor may not exempt any amount of an interest in property described in paragraph (c)(1) of this section, if the Bankruptcy Court determines, after notice and hearing, that the debtor owes a debt arising from:

(1) Any violation of the federal securities laws (as defined in § 3(a)(47) of the Securities and Exchange Act of 1934 [15 U.S.C. § 78c(a)(47)]), any state securities law, or any regulation or order issued under federal or state securities laws,

(2) Fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under § 12 or § 15(d) of the Securities Exchange Act of 1934 [15 U.S.C. § 78l or § 78o(d)] or under § 6 of the Securities Act of 1933 [15 U.S.C. § 77f], or

(3) Any criminal act, intentional tort, or wilful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.
10 Del. C. § 4321 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4321
§ Â
        4321. Privilege in nonadjudicative proceedings.
Status: in_force

A reporter is privileged in a nonadjudicative proceeding to decline to testify concerning either the source or content of information that he or she obtained within the scope of his or her professional activities.
10 Del. C. § 9572 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9572
§ Â
        9572. Proceedings on appeal.
Status: in_force

(a) The appellant shall have the appellant’s appeal entered in the Court of Common Pleas of the county where the judgment was given within the time and in the manner provided by the rules of that Court, and the Clerk of Court shall docket the action and issue process in accordance with the rules of the Court. When the appeal is entered, the Court of Common Pleas shall have jurisdiction and take cognizance thereof, and the pleadings and proceedings thereafter shall be as in other civil actions commenced in the Court, except as otherwise provided in this section.

(b) In the appeal each party may make demands against the other, and the Court or jury by its or their verdict may find a sum either for plaintiff, or defendant, but not for an amount exceeding $25,000, exclusive of interest and costs, unless such party has claimed more than that sum before the justice. Judgment shall be rendered accordingly.

(c) If a judgment is rendered against an appellant, or the appellant’s executors or administrators, the Clerk of Court shall enter judgment against the sureties or their executors or administrators for the amount entered against the appellant, or the appellant’s executors or administrators, and as a part of the same judgment. A judgment so entered shall from that date become a lien on all of the real estate of the surety in the county, in the same manner and as fully as other judgments rendered in the Court of Common Pleas are liens, and may be executed and enforced in the same way as other judgments in that Court.

(d) A surety or the surety’s executors or administrators shall be entitled to the remedies provided in subchapter II of Chapter 77 of Title 18.
10 Del. C. § 2318 — Delaware Code / Title 10 / Chapter 23 / Section 2318
§ Â
        2318. Entry of letter âSâ in judgment index upon satisfaction.
Status: in_force

When satisfaction of a judgment is made by entry, or otherwise, the prothonotary shall write the letter “S” in the index opposite the names of the parties in such judgment.
10 Del. C. § 1049I — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049I
§ Â
        1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer.
Status: in_force

(a) If a law-enforcement officer determines under subsection (b) or (c) of this section that there is probable cause to believe a valid Canadian domestic-violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic-violence protection order as if the terms were in an order of the Court. Presentation to a law-enforcement officer of a certified copy of a Canadian domestic-violence protection order is not required for enforcement.

(b) Presentation to a law-enforcement officer of a record of a Canadian domestic-violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.

(c) If a record of a Canadian domestic-violence protection order is not presented as provided in subsection (b) of this section, a law-enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic-violence protection order exists.

(d) If a law-enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.

(e) If a law-enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.
10 Del. C. § 9501 — Delaware Code / Title 10 / Chapter 95 / Subchapter I / Section 9501
§ Â
        9501. Writs, warrants and process.
Status: in_force

(a) A Justice of the Peace Court may issue all writs, warrants and process proper to carry into effect the powers granted to the justice of the peace.

(b) When no form of writ, warrant or process is prescribed by statute, the court shall frame one in conformity with the law, in substance; and, when substantially right, such process shall not be invalid for any defect in form.

(c) All sheriffs, deputy sheriffs, constables and persons specially authorized by the Chief Magistrate or the Chief Magistrate’s designee shall duly serve all legal writs, warrants and process to them directed by any Justice of the Peace Court.
10 Del. C. § 9564 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9564
§ Â
        9564. Execution docket.
Status: in_force

Every justice of the peace shall make a fair entry of every execution issued by such justice of the peace, setting down the names of the parties, the day of issuing, and the day when it is returnable, the debt and the costs, how directed, and to whom delivered, and when returned, a copy of the return, and a note of any further proceedings.
10 Del. C. § 9556 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9556
§ Â
        9556. Duty of constable or sheriff upon receipt of execution; return of execution.
Status: in_force

(a) A constable, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. The constable or other officer shall also endorse upon an execution, immediately on receiving it, the precise time the officer received delivery of the execution.

(b) The officer to whom an execution issued by a Justice of the Peace Court is delivered shall duly return it with a certificate of all the officer’s proceedings, and a statement of the officer’s fees, giving the items.

(c) If no levy is made, the reason shall be given.

(d) If the levy has been made, an inventory shall be returned, and shall state as whose property the goods and chattels were seized in execution.

(e) In case of a sale the list of the goods and chattels sold, with the amount thereof, shall be returned.
10 Del. C. § 8101 — Delaware Code / Title 10 / Chapter 81 / Section 8101
§ Â
        8101. Sheriffâs recognizance or administration bond.
Status: in_force

No action shall be brought upon the official recognizance of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties, after the expiration of 6 years from the date of such recognizance or bond. The bond of any executor or administrator cum testamento annexo, who, during his or her life, is entitled under the will of any deceased testator to the personal estate of such deceased testator, shall continue in force for the period of 3 years after the death of such executor or administrator.
10 Del. C. § 1804 — Delaware Code / Title 10 / Chapter 18 / Section 1804
§ Â
        1804. Special emergency judges.
Status: in_force

(a) A special emergency judge may exercise the powers and discharge the duties of an office under this chapter if both of the following apply:

(1) If a judge appointed under Article IV, § 2 of the Delaware Constitution is unavailable to exercise the powers and discharge the duties of the judge’s office.

(2) If no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the Delaware Constitution or other law of this State is available to exercise the powers and discharge the duties of such office.

(b) Each Governor shall do all of the following:

(1) Designate for each member of the Supreme Court and the Superior Court not less than 3 nor more than 7 special emergency judges.

(2) Specify the order of succession of the individuals selected under paragraph (b)(1) of this section.

(3) Review and revise, as necessary, designations made under this subsection to ensure that at all times there are at least 3 qualified special emergency judges for each member of the Supreme Court and the Superior Court.

(c) A special emergency judge designated under subsection (b) of this section shall, in the order specified, exercise the powers and discharge the duties of an office under this chapter if a regular judge or another special emergency judge immediately preceding the special emergency judge in the order of designation is unavailable.

(d) A special emergency judge shall exercise the powers and discharge the duties of an office under this chapter until such time as a vacancy that exists is filled in accordance with the Delaware Constitution or other law of this State, or until the regular judge or another special emergency judge preceding the special emergency judge in the order of succession becomes available to exercise the powers and discharge the duties of the office.

(e) An individual may not be designated or serve as a special emergency judge unless the individual may, under the Delaware Constitution or other law of this State, hold the office of the judge to whose powers and duties the individual is designated to succeed.
10 Del. C. § 8132 — Delaware Code / Title 10 / Chapter 81 / Section 8132
§ Â
        8132. Comparative negligence.
Status: in_force

In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
10 Del. C. § 6505 — Delaware Code / Title 10 / Chapter 65 / Section 6505
§ Â
        6505. Enumeration not exclusive.
Status: in_force

The enumeration in §§ 6502, 6503 and 6504 of this title does not limit nor restrict the exercise of the general powers conferred in § 6501 of this title, in any proceeding where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.
10 Del. C. § 6004 — Delaware Code / Title 10 / Chapter 60 / Section 6004
§ Â
        6004. Stay.
Status: in_force

(a) Except as otherwise provided in subsections (d) through (g) of this section, on the filing of a motion under § 6003 of this title:

(1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(2) On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under § 6003 of this title.

(b) A stay under subsection (a) of this section remains in effect until entry of an order ruling on the motion under § 6003 of this title and expiration of the time under § 6009 of this title for the moving party to appeal the order.

(c) Except as otherwise provided in subsections (e), (f), and (g) of this section, if a party appeals from an order ruling on a motion under § 6003 of this title, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(d) During a stay under subsection (a) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under § 6007(a) of this title and the information is not reasonably available unless discovery is allowed.

(e) A motion under § 6010 of this title for costs, attorneys’ fees, and expenses is not subject to a stay under this section.

(f) A stay under this section does not affect a party’s ability voluntarily to dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(g) During a stay under this section, the court for good cause may hear and rule on:

(1) A motion unrelated to the motion under § 6003 of this title; and

(2) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
10 Del. C. § 3512 — Delaware Code / Title 10 / Chapter 35 / Section 3512
§ Â
        3512. Authority of Superior Court to make rules respecting attachments.
Status: in_force

The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof, manner of seizure of property, sale of perishable property, appointment and duties of auditors, the release of property from attachment and the sale of property so seized, and all other matters relating to attachment proceedings, and may require the plaintiff to give approved security to indemnify the defendant for defendant’s costs, losses and damages resulting from the attachment.
10 Del. C. § 910 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 910
§ Â
        910. Director of Treatment Services; qualification; duties.
Status: in_force

There shall be a Director of Treatment Services who shall possess an earned postgraduate degree in either criminology, and/or corrections, sociology, psychology, social work, or social sciences; and shall have had experience in administration and counseling in a judicial or correctional agency. Under the Chief Judge’s supervision, the Director shall:

(1) Be secretary to the Court in matters that pertain to the Court’s counseling services;

(2) Direct the Court’s counseling services and personnel;

(3) With the Administrator, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court;

(4) Direct the clerical and stenographic personnel who are assigned to work with the counseling personnel;

(5) Develop and maintain a training program for counseling of personnel;

(6) Perform all duties prescribed by the Chief Judge.
10 Del. C. § 7118 — Delaware Code / Title 10 / Chapter 71 / Section 7118
§ Â
        7118. Notification and provision of treatment resources.
Status: in_force

(a) The officers serving a closing order involving a criminal nuisance as defined in § 7103(5)(a) of this title shall provide outreach information and referral materials to all residents present on how to obtain alcohol and other drug treatment.

(b) In any case in which the Court orders the removal of any person from any dwelling pursuant to this chapter, the Court shall cause notice to be provided to the local alcohol and drug agency, the Division of Family Services, and other appropriate social services agencies.

(c) A 1-page summary of such information and materials shall be posted next to any ex parte closing order or temporary abatement order posted in accordance with § 7112 of this title.

(d) The State Division of Substance Abuse and Mental Health or its designee shall prepare all materials described in subsections (a) and (b) of this section, and shall disseminate them to all which are empowered to enforce closing orders under this chapter.
10 Del. C. § 4735 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4735
§ Â
        4735. Supplementary character of ÂÂâ4733 and 4734.
Status: in_force

Sections 4733 and 4734 of this title provide for a grant of additional powers to state judges and are not intended to limit or detract from any other powers of the courts of this State or the present or future effect of any judgment or order of the courts of this State, save and except as therein specifically set forth.
10 Del. C. § 122 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 122
§ Â
        122. Cancellation of Clerkâs bond.
Status: in_force

The bond of the Clerk of the Supreme Court provided for in § 121 of this title shall be canceled 3 years after the expiration of the Clerk’s term of office and shall, after such time cease to be a lien on any property of any kind of the Clerk or the Clerk’s bondspersons.
10 Del. C. § 1009A — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1009A
§ Â
        1009A. Probation before adjudication of delinquency.
Status: in_force

After accepting an admission or a plea of nolo contendere to an act of delinquency, the court may, prior to entering an adjudication of delinquency, under § 1009 of this title and with the consent of the child and the State, stay the declaration of delinquency, defer further proceedings, and place the child on probation before adjudication subject to the same limitations and upon the same terms and conditions as are applied to adult criminal offenders in § 4218 of Title 11.
10 Del. C. § 4002 — Delaware Code / Title 10 / Chapter 40 / Subchapter I / Section 4002
§ Â
        4002. Indemnification of public officers and employees.
Status: in_force

In addition to the right of representation provided for in § 3925 of this title, any public officer, employee or member who, but for the application of any provision of the Constitutions or laws of the United States or the State of Delaware to the contrary, would be entitled to immunity in accordance with § 4001 of this title, shall be indemnified by the State against any expenses (including attorney’s fees and disbursements), judgments, fines and costs, actually and reasonably incurred by such public officer, employee or member in defending against the action, suit or proceeding giving rise thereto.
10 Del. C. § 7301 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7301
§ Â
        7301. Right of discharge from imprisonment for debt; conditions.
Status: in_force

Whoever is imprisoned for debt, damages, or costs, by virtue of any process or commitment, in a civil action (except process or commitment of the Court of Chancery), having resided in this State for 1 year next preceding such imprisonment, may obtain discharge from such imprisonment upon petition to the Superior Court of the county wherein he or she is imprisoned, and compliance with the provisions of this subchapter.
10 Del. C. § 2901 — Delaware Code / Title 10 / Chapter 29 / Section 2901
§ Â
        2901. Appointment.
Status: in_force

The chief executive officer of any county or municipal corporation, or the Housing Director, in the case of the enforcement of the State Housing Code contained in Chapter 41 of Title 31, may appoint and employ such numbers of code enforcement constables as shall be necessary to enforce all ordinances pertaining to building, housing, sanitation, or public health codes.
10 Del. C. § 1009 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1009
§ Â
        1009. Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect.
Status: repealed

(a) Where the evidence supports such holding, the Court may declare a child to be dependent, neglected, abused, as those terms are defined by § 902 of Title 16, or delinquent. In declaring a child to be dependent, neglected or abused pursuant to this section, the Court shall give priority to ensuring the well-being and safety of the child.

(b) Following an adjudication by the Court in which it declares a child to be dependent or neglected, the Court may:

(1) Defer proceedings pending further investigation, medical or other examinations, or where the interests of the child will thereby be served;

(2) Allow a child to remain in the child’s own home with or without court supervision;

(3) Grant custody of a child to any person or agency where satisfactory arrangements can be made but, in the event the child is placed in a home of an “adult individual” who fails to meet the definition of a “relative” in § 901 of this title, § 351 [repealed] of Title 31 shall apply;

(4) Refer the child to the Department of Services for Children, Youth and Their Families for protective supervision;

(5) Grant custody of a child to the Department of Services for Children, Youth and Their Families for foster home placement;

(6) Grant the care or custody of a child to any licensed child-placing agency in this State that will accept the child, provided satisfactory arrangements can be made;

(7) Grant the care or custody of a child to any division of the Department of Services for Children, Youth and Their Families provided by the State for the care of children;

(8) Grant the care or custody of a child to any private institution within or without the State that cares for children, provided satisfactory arrangements can be made;

(9) Grant the care or custody of a child to any religious child-caring agency or institution, preferably of the child’s religious faith or that of the parents, or either of them, within or without the State provided satisfactory arrangements can be made;

(10) Commit a child with a mental disorder or incapacity, or child with an intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State provided satisfactory arrangements can be made;

(11) Order such other treatment, rehabilitation or care as in the opinion of the Department of Services for Children, Youth and Their Families would best serve the needs of the child and society.

(c) Following an adjudication in which the Court declares that a child is delinquent, it may:

(1) Defer proceedings pending further investigation, medical or other examinations, or where the interests of the child will thereby be served, and release the child upon the child’s own recognizance or upon the recognizance of a custodian or near relative, or upon bond with surety, to appear whenever and wherever notified to do so, or where the required bond is not provided, detain the child in a facility of the Department of Services for Children, Youth and Their Families;

(2) Allow a child to remain in the child’s own home with or without Court supervision;

(3) Place a child on probation;

(4) Fine a child for a Title 21 offense or order community service hours in lieu of a fine for a Title 21 offense;

(5) Order a child to make monetary restitution in whole or in part as the Court determines for out-of-pocket costs, losses or damages caused by the delinquent act of the child where the amount thereof can be ascertained;

(6) Award a judgment in favor of any municipal corporation, county, town, school district or agency of the State, or any person, partnership, corporation or association, or any religious organization whether incorporated or not, and against the parents or guardians of the delinquent child for the same or greater amount ordered against the delinquent child but not to exceed $5,000, provided that the Court finds by a preponderance of the evidence presented that:

a. The parents or guardians knew of the child’s delinquent nature; and

b. The parents or guardians failed to take reasonable measures to control the child;

(7) Require that any restitution ordered against the delinquent child precede the liability of the parents or guardians for the monetary damages caused by the child’s delinquent act;

(8) Require, in the absence of objections by the victim of the delinquent act of the child, that any restitution ordered against the delinquent child may be discharged in an appropriate community service arrangement with the understanding that failure to complete the community service work in good faith shall result in the reversion of this obligation to the monetary basis originally ordered by the Court;

(9) Award custody of a child to the Department of Services for Children, Youth and Their Families;

(10) Commit a child with a mental disorder or incapacity, or child with an intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State provided satisfactory arrangements can be made;

(11) Grant the care or custody of a child to any private institution within or without the State that cares for children, provided satisfactory arrangements can be made;

(12) Order the Motor Vehicle Division of the Department of Transportation to:

a. Revoke or suspend the driving privileges or operator’s license possessed by the child;

b. Postpone the child’s eligibility to obtain driving privileges or an operator’s license if the child does not possess such privilege or license; or

c. Enter immediately all traffic, alcohol and/or drug adjudications of any minor on a driving record created by the Division of Motor Vehicles notwithstanding the minor’s driver’s license status, age and/or eligibility for a driver’s license

in any case for a period not less than 3 months nor more than 4 years;

(13) Grant custody of a person who is charged with an act of delinquency prior to reaching the age of 18 years but becomes 18 years of age prior to disposition of the charge, to the Department of Services for Children, Youth and Their Families;

(14) Order the child to be placed under house arrest under the same requirements set forth in § 4332 and subchapter IX of Chapter 43 of Title 11;

(15) Order such other treatment, rehabilitation or care as in the opinion of the Department of Services for Children, Youth and Their Families would best serve the needs of the child and society.

(16) [Repealed.]

(17) When the Court sentences a child to participate in counseling, mental health treatment or to a Division of Prevention and Behavioral Health Services consultation or assessment as required, the Court shall be authorized, in addition to any other disposition authorized by this section, to order such child’s parents, guardian or custodian to participate in counseling as determined by the Court or as recommended by the Division of Prevention and Behavioral Health Services. Such counseling shall be designed to assist in deterring future delinquent or unruly actions or other conduct or conditions which would be harmful to the child or society. If the child is court-ordered into a detention facility or residential treatment facility, the Court may order the parents, guardian or custodian to participate in any treatment or counseling program recommended by the facility;

(18) Order any and all registrations or relief therefrom as required under § 4123 of Title 11 where the juvenile has been adjudicated delinquent of an offense that would otherwise render the juvenile a sex offender under § 4121(a)(4) of Title 11;

(19) Notwithstanding any provision of law or court rule to the contrary, and except for any assessment imposed pursuant to Chapter 90 of Title 11, waive or suspend payment of any fine, cost or penalty assessment, including those otherwise deemed mandatory or not subject to waiver or suspension, as part of the sentence imposed on a delinquent child.

The authority given the Court by paragraphs (c)(5), (6), (7) and (8) of this section shall be in addition to any other existing statutory or common law remedy.

(d) For the purposes of this section, the phrase “provided satisfactory arrangements can be made” shall mean that the Department of Services for Children, Youth and Their Families has approved payment for the placement of a child based upon a contract between an agency or institution and the Department or that such a placement can provide a child with the necessary and/or appropriate treatment and/or rehabilitation in the judgment of the Department of Services for Children, Youth and Their Families.

(e) [Repealed.]

(f) Following adjudication or election by the juvenile in lieu of trial under § 4177B of Title 21, the Court must order the Motor Vehicle Division of the Department of Transportation after an adjudication of delinquency in violation of § 4177 of Title 21, or election by the juvenile in lieu of trial under § 4177B of Title 21 to:

(1) Revoke or suspend the driving privileges or operator’s license possessed by such child until that child reaches the age when legally allowed to consume intoxicating liquor. This revocation or suspension shall not be subject to waiver except after a minimum period of 6 months from the date of the license is received by the Motor Vehicle Division, and then only if the child successfully completes a course of instruction similar to that required by § 4177B of Title 21 and has demonstrated a critical need for the return of restricted driving privileges.

(2) A critical need shall include loss of a meaningful employment opportunity, or loss of a school opportunity, or any other urgent need of the child or the child’s immediate family the continuation of which is critical to the best interests of the child but only if and for so long as no other member of the immediate family is realistically capable of satisfying such urgent need.

(3) The Division of Motor Vehicles shall promulgate such rules and regulations as are necessary to verify the existence of a critical need, to permit the return of only so much of the privileges as are necessary to reasonably satisfy such critical need.

(4) [Repealed.]

(5) The Department, upon receiving a record of conviction of any person upon the charge of operating a motor vehicle in violation of the conditions imposed upon said conditional/restricted license during the period of such conditional/restricted license, shall forthwith direct such person to surrender said conditional/restricted license to the Department until the age when legally allowed to consume intoxicating liquor.

(g) A child who is adjudicated delinquent on charges which would constitute a violation of § 2701 of Title 21 if the child were charged as an adult shall be prohibited from receiving a temporary instruction permit or an operator’s license until the later of the child’s 17th birthday or 1 year from the date of adjudication.

(h) No adjudication upon the status of a child shall be deemed a conviction nor shall it be deemed to imply that a child is a criminal except as provided in § 1010 of this title, any other provision of this Code, any court rule or rule of procedure or otherwise as determined by any court to be warranted in the interest of justice.

(i) Neither the adjudication nor any evidence given in any case shall be admissible against such child in any future civil or criminal proceeding in any court except for the purpose of a presentence investigation ordered by this or any other court, or as provided for by any other provision of this Code, any court rule or rule of procedure or otherwise as determined by any court to be warranted in the interest of justice.

(j) No dependent or neglected child shall be placed in a secure or nonsecure detention or correctional facility unless charged with or found to have committed a delinquent act. Except for youth placed, detained, or sentenced pursuant to §  2103A [repealed] or §  4204A of Title 11 and except for youth otherwise properly proceeded against as adults in Superior Court, no child shall be placed in an adult detention or adult correctional facility.

(1)-(5) [Repealed.]

(k) (1) Subject to the provisions governing amenability pursuant to § 1010 of this title, the Court shall commit a delinquent child 16 years of age or older to the custody of the Department of Services for Children, Youth and Their Families if the child who has been adjudicated delinquent by this Court of 1 or more offenses which were committed after the child’s sixteenth birthday, which would constitute either possession of a firearm during the commission of a felony or robbery 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) were the child charged as an adult under the laws of this State. Upon adjudication, such child is declared a child in need of mandated institutional treatment, and this Court shall commit the child so designated to the Department of Services for Children, Youth and Their Families for a minimum sentence of 6 months of Level V incarceration or institutional confinement for a first offense, and 1 year of Level V incarceration or institutional confinement for a second and each subsequent offense, which shall not be subject to suspension.

(2) A child committed to the custody of the Department of Services for Children, Youth and Their Families pursuant to this subsection shall not be released from institutional confinement on pass, on extended leave or to aftercare during the first 6 months of said commitment unless the Director of Youth Rehabilitation Services, in the Director’s discretion, determines that it is in the best interest of the child’s treatment to participate in programs which may require the child to leave the institution; thereafter, a child committed to the Department of Services for Children, Youth and Their Families pursuant to this subsection shall not be released from institutional confinement on pass, on extended leave or to aftercare, unless the Judge of the Family Court who originally sentenced the child or a Judge of the Family Court designated by the Chief Judge, upon a petition filed by the Department of Services for Children, Youth and Their Families, the child, the parent or parents or guardian of said child, or by the Court’s own initiative, with notice to the Attorney General, determines by a preponderance of the evidence presented at a hearing that the child has progressed in a course of mandated institutional treatment that release would serve both the welfare of the public and the interest of the child or be in the best interest of the child’s treatment to participate in programs which may require the child to leave the institution as determined by the Director of Youth Rehabilitation Services;

(3) Whenever a child appears before the Court on charges subject to the minimum commitment provisions of this subsection or § 1448 of Title 11, said child and the parent, guardian or custodian of said child who is present shall be specifically advised of the operation of this subsection;

(4) Nothing provided herein shall be construed as prohibiting the Court, upon petition and recommendation of the Department of Services for Children, Youth and Their Families, from securing for any child otherwise subject to the minimum commitment provisions of this subsection or § 1448 of Title 11, such care and treatment as it deems necessary for diagnosed mental disorders or incapacities, or intellectual disabilities, provided that the provisions for such treatment shall not deter the Court from imposing such minimum term of commitment as is applicable.
10 Del. C. § 1046 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1046
§ Â
        1046. Enforcement; sanctions for violation of order.
Status: in_force

(a) The Court may direct that pleadings and orders filed or issued under this part be served upon the respondent by the Sheriff or the Sheriff’s deputy or by any person authorized by statute or court rule to serve process.

(b) A copy of a protective order granted under this part shall be entered into the Delaware Justice Information System by the Court on or before the next business day. Entry into the Delaware Justice Information System constitutes notice to all law-enforcement agencies of the existence of the order. The order is fully enforceable in any county of the State.

(c) A law-enforcement officer shall arrest, with or without a warrant, any individual whom the officer has probable cause to believe has violated a protective order issued under this part or a valid foreign protection order under Part E of this subchapter and who has notice or knowledge of the protective order. Presentation of a protective order that identifies both the protected person and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a protective order exists. The protective order may be either in tangible form or stored in DELJIS or other electronic medium if it is retrievable in perceivable form. Probable cause for arrest may be established by a good faith reliance on information contained in DELJIS. If a protective order is not presented, the law-enforcement officer may consider other information in determining whether there is probable cause to believe that a protective order exists.

(d) If a law-enforcement officer determines that an otherwise valid protective order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.

(e) The individual arrested shall be taken immediately before the Family Court. If the Family Court is not in session, the arrested person shall be taken before the nearest justice of the peace. In determining the amount of any bail, the justice of the peace or judicial officer shall take into consideration whether the defendant has previously violated a protective order.

(f) A law-enforcement officer is immune from civil and criminal liability for an act or omission arising out of the enforcement of a protective order or the detention or arrest of an alleged violator of a protective order if the act or omission was done in a good faith effort to comply with this part or in good faith reliance on information contained in DELJIS.

(g) The provisions of this section apply to the enforcement of foreign protection orders under Part E of this subchapter.

(h) All protective orders issued under this part shall state that violations may result in:

(1) A finding of contempt;

(2) Criminal prosecution; and

(3) Imprisonment or fine or both.

(i) It shall be unlawful for a respondent to knowingly violate a protective order. Violations shall be punishable as a class A misdemeanor. Nothing in this subsection shall preclude the filing of a civil contempt petition by the petitioner for violations of a protective order issued under this part.
10 Del. C. § 5711 — Delaware Code / Title 10 / Chapter 57 / Section 5711
§ Â
        5711. Modification of award by arbitrators.
Status: in_force

On written application of a party to the arbitrators within 20 days after delivery of the award to the applicant, or, if an application to the Court is pending under § 5713, 5714 or 5715 of this title, on submission to the arbitrators by the Court under such conditions as the Court may order, the arbitrators may modify or correct the award upon the grounds stated in § 5715(a)(1) and (3) of this title, or for the purpose of clarifying the award. Written notice of such application to the arbitrators shall be given forthwith to the opposing party, delivered personally or by registered or certified mail, return receipt requested, stating that the party must serve his or her objections thereto, if any, within 10 days from the date of the notice. The arbitrators shall dispose of any application made under this section in writing, signed and acknowledged by them, within 30 days after either written objection to modification has been served on them or the time for serving such objection has expired, whichever is earlier. The parties may in writing extend the time for such disposition either before or after its expiration. The award so modified or corrected by the arbitrators is subject to the provisions of §§ 5713, 5714 and 5715 of this title.
10 Del. C. § 9632 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9632
§ Â
        9632. Statement of claims.
Status: in_force

In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued.
10 Del. C. § 5302 — Delaware Code / Title 10 / Chapter 53 / Subchapter I / Section 5302
§ Â
        5302. Deputy sheriffs.
Status: in_force

The sheriffs of the several counties may appoint deputies, who may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded in the recorder’s office in and for the county in which the sheriff and deputy reside, the oath so administered shall be as effectual in law as though it had been done by the sheriff.
10 Del. C. § 362 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 362
§ Â
        362. Subpoenas, summonses and other process; orders and award of process.
Status: in_force

The Court of Chancery may issue subpoenas, summonses, and all other process to compel defendants to answer actions in such Court, may make orders and award process, and may do all things necessary to bring causes to hearing.
10 Del. C. § 9569 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9569
§ Â
        9569. Transfer of judgment to Superior Court; lien on real estate.
Status: in_force

(a) Judgments entered into the judgment docket in the Justice of the Peace Courts shall not constitute a lien upon real estate, but the judgment creditor may file a duly certified transcript of the docket entries of the judgment in the office of the prothonotary of the Superior Court in any or all of the 3 counties of the State and the prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs and the amount of the costs, with the true date of filing and entry. The prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.

(b) A judgment, transferred, as authorized by subsection (a) of this section, shall, from that date, become and be a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of that Court.

(c) If any judgment is lawfully assigned to a joint debtor, or surety, the assignee shall have the benefit of this section.

(d) Once a judgment has been transferred as provided in subsection (a) of this section, the Justice of the Peace Courts shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.
10 Del. C. § 1049F — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049F
§ Â
        1049F. Other remedies.
Status: in_force

A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.
10 Del. C. § 5031 — Delaware Code / Title 10 / Chapter 49 / Subchapter VIII / Section 5031
§ Â
        5031. Execution attachment.
Status: in_force

The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign attachment. The attachment, condemnation, or judgment thereon, shall be pleadable in bar by the garnishee in any action against the garnishee at the suit of the defendant in the attachment. Goods which are perishable, or will create a charge by keeping, may be sold on the order of a judge as in cases of foreign attachment.
10 Del. C. § 6003 — Delaware Code / Title 10 / Chapter 60 / Section 6003
§ Â
        6003. Special motion for expedited relief.
Status: in_force

Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.
10 Del. C. § 4753 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4753
§ Â
        4753. Persons making and signing entry.
Status: in_force

Satisfaction shall be entered by the legal holder of the judgment of such satisfaction upon the record of the judgment. Such entry shall be signed by the holder of such judgment or the holder’s attorney of record, or the holder’s attorney duly constituted, or, when a corporation is the holder, by any officer or the cashier or assistant cashier of the corporation or the attorney thereof duly constituted and attested by the prothonotary.
10 Del. C. § 1803 — Delaware Code / Title 10 / Chapter 18 / Section 1803
§ Â
        1803. Definitions.
Status: in_force

As used in this chapter:

(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.

(2) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. Threatens the life, health, or safety of the public.

b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.

c. Makes the continuation of normal government operations difficult or impossible.

(3) “Regular judge” means the individual holding an office under this chapter before the emergency event.

(4) “Special emergency judge” means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is qualified and appointed as may be provided by the Delaware Constitution or other law of this State or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office.

(5) “Unavailable” means either that a vacancy in an office under this chapter exists or that the regular judge is absent or unable to exercise the powers and discharge the duties of the office.
10 Del. C. § 6109 — Delaware Code / Title 10 / Chapter 61 / Section 6109
§ Â
        6109. Dismissal of action.
Status: in_force

(a) In a condemnation proceeding under this chapter, if no hearing has begun to determine the compensation to be paid for a piece of property and the plaintiff has not acquired the title or a lesser interest in or taken possession thereof, the plaintiff may dismiss the action as to that property, without an order of the Court, by filing a notice of dismissal setting forth a brief description of the property as to which the action is dismissed.

(b) Before the entry of any award or possession of property is taken by the plaintiff, the action may be dismissed, in whole or in part, without an order of the Court, as to any property by filing a stipulation of dismissal by the plaintiff and the defendant affected thereby, and, if the parties so stipulate, the Court may vacate any award that has been entered.

(c) At any time before compensation for a piece of property has been determined and paid and, after motion and hearing, the Court may dismiss the action as to that party, except that it shall not dismiss the action as to any part of the property of which the plaintiff has taken possession, or in which the plaintiff has taken title or a lesser interest, but shall award just compensation for the possession, title or lesser interest so taken. The Court at any time may drop a defendant unnecessarily or improperly joined.

(d) Except as otherwise provided in the notice or stipulation of dismissal, or order of the Court, any dismissal is without prejudice.
10 Del. C. § 4737 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4737
§ Â
        4737. Fees of prothonotary.
Status: in_force

The fees of the prothonotary for services under this subchapter shall, unless otherwise provided, be regulated by the Superior Court in the several counties.
10 Del. C. § 2104 — Delaware Code / Title 10 / Chapter 21 / Section 2104
§ Â
        2104. Attendance on courts; duties of Sheriff of Kent County as to Supreme Court.
Status: in_force

(a) The sheriff of each county, in person or by a deputy, shall attend the several courts of law and equity during every term thereof in the sheriff’s county. The neglect of this duty shall be deemed a contempt of court.

(b) The Sheriff of Kent County shall attend the Supreme Court during its sessions and shall be the officer for executing the process and orders of that Court.
10 Del. C. § 3513 — Delaware Code / Title 10 / Chapter 35 / Section 3513
§ Â
        3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts.
Status: in_force

Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. The Superior Court, upon the motion of any defendant or tenant whose property, rights or credits may be attached under any mesne process of attachment issued by a justice of the peace or other inferior court, shall investigate the proofs required by law to be made and filed before the issuing of such process. If upon such investigation the Court considers that there was not sufficient grounds for the attachment, the property, rights and credits attached shall be discharged.
10 Del. C. § 5062D — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5062D
§ Â
        5062D. Complaints and answers.
Status: repealed

(a) A complaint to foreclose a mortgage in an action subject to this chapter shall contain a statement as to whether the mortgage foreclosure action is subject to the Automatic Residential Mortgage Foreclosure Mediation Program and, where it is not subject to the Automatic Residential Mortgage Foreclosure Mediation Program, a statement of the reason why it is not subject to that program.

(b) In an action subject to the Automatic Residential Mortgage Foreclosure Mediation Program, in addition to any other requirements set forth in the Delaware Code or by the Superior Court, a complaint to foreclose the mortgage shall be accompanied by:

(1) If applicable, an affidavit stating that the notice of intent to foreclose was sent to the borrower(s) in accordance with § 5062B(a)(3) of this title and the date of said notice;

(2) A statement of the debt remaining due and payable supported by an affidavit of the plaintiff or the mortgage holder or the agent or attorney of the plaintiff or mortgage holder; and

(3) The notice of foreclosure mediation described under § 5062C(c)(2) of this title, which notice shall be attached to the front of the copy of the complaint served on the defendant.

(c) Notwithstanding any provisions of the Delaware Code to the contrary, no answer to a complaint in a mortgage foreclosure action subject to the Automatic Residential Mortgage Foreclosure Mediation Program shall be deemed untimely if it is filed on or before the date of any scheduled mediation conference.

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

(e) [Repealed.]
10 Del. C. § 4912 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4912
§ Â
        4912. Waiver of exemptions.
Status: in_force

Any husband and wife jointly may make any waiver of any of the provisions of §§ 4902-4911 of this title.
10 Del. C. § 9539 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9539
§ Â
        9539. Failure of plaintiff to appear; adjournment or dismissal.
Status: in_force

If a plaintiff litigating a civil suit fails to appear at any proceeding scheduled by the Court, the Court shall either: enter a nonsuit judgment, which may be taken off in like manner as a judgment by default; dismiss the action according to court rule; or adjourn the matter for further proceedings, as the circumstances direct.
10 Del. C. § 4332 — Delaware Code / Title 10 / Chapter 43 / Subchapter III / Section 4332
§ Â
        4332. Presence of forensic toxicologist or forensic chemist at criminal proceeding; availability of chemical report to defense counsel.
Status: in_force

(a) In general. — (1) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least 5 days prior to the trial, require the presence of the forensic toxicologist or forensic chemist, or any person in the chain of custody as a prosecution witness.

(2) The provisions of §§ 4330 and 4331 of this title concerning prima facie evidence do not apply to the testimony of that witness.

(3) The provisions of §§ 4330 and 4331 of this title are applicable in a criminal proceeding only when a copy of the report or statement to be introduced is mailed, delivered or made available to counsel for the defendant or to the defendant personally when the defendant is not represented by counsel, at least 10 days prior to the introduction of the report or statement at trial.

(b) Witness for defense. — Nothing contained in this subchapter shall prevent the defendant from summoning a witness mentioned in this subchapter as a witness for the defense.
10 Del. C. § 4320 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4320
§ Â
        4320. Definitions.
Status: in_force

As used in this subchapter:

(1) “Adjudicative proceeding” means any judicial or quasi-judicial proceeding in which the rights of parties are determined but does not include any proceeding of a grand jury.

(2) “Information” means any oral, written or pictorial material and includes, but is not limited to, documents, electronic impulses, expressions of opinion, films, photographs, sound records, and statistical data.

(3) “Person” means individual, corporation, statutory trust, business trust, estate, trust, partnership or association, governmental body, or any other legal entity.

(4) “Reporter” means any journalist, scholar, educator, polemicist, or other individual who either:

a. At the time he or she obtained the information that is sought was earning his or her principal livelihood by, or in each of the preceding 3 weeks or 4 of the preceding 8 weeks had spent at least 20 hours engaged in the practice of, obtaining or preparing information for dissemination with the aid of facilities for the mass reproduction of words, sounds, or images in a form available to the general public; or

b. Obtained the information that is sought while serving in the capacity of an agent, assistant, employee, or supervisor of an individual who qualifies as a reporter under paragraph (4)a. of this section.

(5) “Source” means a person from whom a reporter obtained information by means of written or spoken communication or the transfer of physical objects, but does not include a person from whom a reporter obtained information by means of personal observation unaccompanied by any other form of communication and does not include a person from whom another person who is not a reporter obtained information, even if the information was ultimately obtained by a reporter.

(6) “Testify” means give testimony, provide tangible evidence, submit to a deposition, or answer interrogatories.

(7) “Within the scope of his or her professional activities” means any situation, including a social gathering, in which the reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which the reporter intentionally conceals from the source the fact that he or she is a reporter and does not include any situation in which the reporter is an eyewitness to or participant in an act involving physical violence or property damage.
10 Del. C. § 4775 — Delaware Code / Title 10 / Chapter 47 / Subchapter IV / Section 4775
§ Â
        4775. Rule of reference after judgment by default or upon motion.
Status: in_force

A rule of reference may be entered after a judgment by default or after a judgment for plaintiff upon a motion, as well as before judgment. Although it be entered after judgment, nevertheless judgment shall be rendered on the report made pursuant thereto, and such judgment on the report shall be regular, notwithstanding the previous judgment.
10 Del. C. § 2106 — Delaware Code / Title 10 / Chapter 21 / Section 2106
§ Â
        2106. Sale of property under execution process; records.
Status: in_force

(a) The sheriffs of the respective counties shall procure proper books and enter therein the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than to executions in their hands.

(b) The books shall be furnished by the Levy Court or County Council, and shall be kept in the prothonotary’s office of each county, as other records are kept, to be taken from there only by the sheriffs when it is necessary to make entries therein. The compensation of sheriffs, for every such entry, shall not be less than 50 cents, unless the entries shall exceed 5 in number, when it shall be 10 cents for every such entry, and such charge shall be included in the costs charged by the sheriff.

(c) When an execution is settled in whole or in part to the sheriff, the sheriff shall return such settlement, as required by § 4755 of this title. Upon the sale of real estate under execution process, the sheriff shall, upon return to such process, show to what liens the money arising from such sale has been applied and how much has been applied to each lien, as provided by § 4756 of this title.
10 Del. C. § 9570 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9570
§ Â
        9570. Right to appeal.
Status: in_force

(a) A party against whom a judgment is given by a justice of the peace may appeal to the Court of Common Pleas if the judgment is given without a referee trial, and the amount exceeds $5.00, exclusive of costs.

(b) A plaintiff or defendant, as the case may be, may appeal to the Court of Common Pleas on a judgment given by a justice of the peace if the judgment is given without a referee trial, and any part of the plaintiff’s demand, or the defendant’s counterclaim or setoff, exceeding $5.00 is disallowed or defalked.
10 Del. C. § 2807 — Delaware Code / Title 10 / Chapter 28 / Section 2807
§ Â
        2807. Prohibited activities and employments.
Status: in_force

A justice of the peace constable appointed pursuant to this chapter shall not receive any other fees or emoluments for discharging judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice, or engage in the private security business under Chapter 12 or Chapter 13 of Title 24 or hold any state office, or be employed by the State in any other capacity.
10 Del. C. § 103 — Delaware Code / Title 10 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Salaries of Justices.
Status: in_force

The Chief Justice and each of the Justices of the Supreme Court shall receive such compensation as shall be provided by law.
10 Del. C. § 9803 — Delaware Code / Title 10 / Chapter 98 / Section 9803
§ Â
        9803. Violations and penalty.
Status: in_force

(a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by the rules of the Justice of the Peace Court, shall be fined not more than $500.

(b) The Superior Court shall have jurisdiction of offenses under this section.
10 Del. C. § 4781 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4781
§ Â
        4781. âForeign judgmentâ defined.
Status: in_force

In this subchapter, the words “foreign judgment” shall mean any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this State.
10 Del. C. § 8706 — Delaware Code / Title 10 / Chapter 87 / Section 8706
§ Â
        8706. Prothonotary; criminal proceedings.
Status: in_force

The fees of the prothonotary for services provided in criminal proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.
10 Del. C. § 2808 — Delaware Code / Title 10 / Chapter 28 / Section 2808
§ Â
        2808. Jurisdiction.
Status: in_force

The jurisdiction of the justice of the peace constables appointed pursuant to this chapter shall extend throughout the State.
10 Del. C. § 5065 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5065
§ Â
        5065. Procedure after award of levari facias.
Status: in_force

Under a levari facias, awarded as described in this subchapter, the mortgaged premises shall be taken in execution, and after notice given in the same manner as in other cases of the sale of lands upon execution process, shall be exposed to public sale, and upon such sale and confirmation thereof, shall be conveyed by deed to the purchaser; or if there be no sale for want of bidders, return shall be made accordingly, and thereupon a liberari facias may issue and be executed in the same manner, and with like effect, as provided in other cases of the sale of lands upon execution process.
10 Del. C. § 5084 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIII / Section 5084
§ Â
        5084. Duty of sheriff upon receipt of execution.
Status: in_force

The sheriff, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show the order in which they are received. Such officer shall also endorse upon an execution, immediately on receiving it, the precise time of its delivery to him or her.
10 Del. C. § 7123 — Delaware Code / Title 10 / Chapter 71 / Section 7123
§ Â
        7123. Admissibility of evidence to prove criminal nuisance.
Status: repealed

(a) In any action involving any criminal nuisance, evidence of the general reputation of the place or an admission or finding of guilty of any person under the criminal laws at any such place is admissible for the purpose of proving the existence of said criminal nuisance and is prima facie evidence of such criminal nuisance and of knowledge of and of acquiescence and participation therein on the part of the person charged with maintaining said criminal nuisance.

(b) In any action brought pursuant to this chapter, any evidence of any prior efforts or lack of efforts by the defendant to abate the criminal nuisance shall be admissible, and shall be considered by the court in its decision as to what, if any, remedies or penalties shall be imposed.

(c) Where a criminal prosecution or juvenile delinquency proceeding results in a criminal conviction or adjudication of delinquency, such conviction or adjudication shall create a rebuttable presumption that the criminal nuisance occurred. Any evidence or testimony admitted in the criminal or juvenile proceedings, including transcripts or a court reporter’s notes of the transcripts of the adult or juvenile criminal proceedings, whether or not they have been transcribed, may be admitted in the civil action brought pursuant to this chapter.

(d) In the event that the evidence or records of a criminal proceeding which did not result in a conviction or adjudication of delinquency have been sealed in accordance with §  10002(o) of Title 29, § 4322(a) of Title 11, and §§ [former] 1001 [now repealed], 1002 and 1063 of this title, the Court, in a civil action brought pursuant to this chapter may, notwithstanding any other provision of this chapter, order such evidence or records to be unsealed if the Court finds that such evidence or records would be relevant to the fair disposition of the civil action.

(e) If proof of the existence of the criminal nuisance depends, in whole or in part, upon the affidavits or testimony of witnesses who are not peace officers, the Court may upon a showing of prior threats of violence or acts of violence by any defendant or any other person, issue orders to protect those witnesses including, but not limited to, the nondisclosure of the name, address or any other information which may identify those witnesses.

(f) A law-enforcement agency may make available to any person or entity seeking to secure compliance with this chapter any police report, or edited portion thereof, or forensic laboratory report, or edited portion thereof, concerning the alleged criminal nuisance on or within the premises involved. A law-enforcement agency may also make any officer or officers available to testify as a fact or expert witness in a civil action brought pursuant to this chapter. The agency shall not disclose such information where, in the agency’s opinion, such disclosure would jeopardize an investigation, prosecution or other proceeding, or where such disclosure would violate any federal or state statute.
10 Del. C. § 3902 — Delaware Code / Title 10 / Chapter 39 / Section 3902
§ Â
        3902. Assignee suing in own name.
Status: in_force

A person to whom a contract, express or implied, has been transferred or assigned, either in accordance with a statute or with the common law, may sue thereon in his or her own name.
10 Del. C. § 7111 — Delaware Code / Title 10 / Chapter 71 / Section 7111
§ Â
        7111. Temporary abatement hearing; order; procedure.
Status: in_force

(a) To bring a civil action for abatement relief pursuant to this chapter, the Office of the Attorney General, or any other person authorized, may file a complaint seeking temporary relief by alleging that the premises constitute a criminal nuisance which adversely impacts the community. Upon receipt of the complaint, the Court, on application of the plaintiff, may issue an ex parte temporary abatement order prohibiting the defendants and all other persons from committing or permitting any act or acts of waste to the premises, or to the personal property and contents thereof, and from knowingly tampering with any evidence likely to be used by any party in any judicial proceeding until the decision of the Court granting or refusing the temporary abatement order thereon. Absent such ex parte relief by the Court, the Court shall order a preliminary hearing which shall be held no later than 10 days from the date upon which service upon all parties was completed, unless otherwise agreed to by the parties. In the event that service cannot be completed in time to give the owners or tenants the minimum notice required by this subsection, the Court may set a new hearing date.

(b) A copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary abatement order shall be served upon the defendants at least 5 days before the hearing. If the hearing be then continued at the instance of any defendant, the temporary writ as prayed shall be granted as a matter of course.

(c) Each defendant so notified shall serve upon the complainant, or the complainant’s attorney, a verified answer on or before the date fixed in the notice for the hearing and such answer shall be filed with the prothonotary’s office wherein the cause is triable, but the Court may allow additional time for so answering, providing such extension of the time shall not prevent the issuing of the temporary writ as prayed for. The allegations of the answer shall be deemed to be denied without further pleading.

(d) If the Court finds:

(1) That the premises constitute a criminal nuisance that adversely impacts the community,

(2) That at least 10 days prior to the filing of the complaint seeking temporary abatement relief, the owner or the owner’s agent (or tenant, where such is an in personam defendant) had been notified by certified letter of the criminal nuisance, and

(3) That the public health, safety or welfare immediately requires a temporary closing order and unless the owner or the owner’s agent shows to the satisfaction of the Court that the criminal nuisance complained of has been sufficiently abated, or that such person proceeded forthwith to enforce his or her rights under this chapter as more fully set forth herein,

the Court shall issue a temporary abatement order to close the premises involved, the portions appropriate in the circumstances, or any other temporary abatement remedy requested by the Attorney General’s Office. The order shall direct actions necessary to physically secure the premises, or appropriate portions thereof, against use for any purpose. The temporary abatement order may also prohibit the defendant and all persons from removing or in any manner interfering with the furniture, fixtures and movable or personal property located on or within the premises constituting the criminal nuisance. Where a tenant is a defendant, the Court may issue a closing order prohibiting him or her from residing at or having contact with the premises.

(e) To determine whether the health, safety, or welfare of the community immediately requires a temporary abatement order, the Court shall consider any relevant evidence presented concerning any attendant circumstances, including but not limited to:

(1) The extent and duration of the criminal nuisance and severity of the impact on the community;

(2) The proximity of the property to other residential structures;

(3) The number of times the owner or tenant has been notified of criminal nuisance related problems at the property;

(4) The prior efforts, or lack of efforts, by the defendant to abate the criminal nuisance;

(5) The involvement of the owner or tenant in the criminal nuisance;

(6) The costs incurred by the jurisdiction or community based organizations in investigating or attempting to correct the criminal nuisance;

(7) Whether the criminal nuisance is continuous or recurring;

(8) Whether the criminal nuisance involves the use or threat of violence; or

(9) Any other factor the Court deems relevant and in the interests of the public health, safety, or welfare of the community.

(f) If the Court finds that the premises constitute a criminal nuisance but that immediate closing of the premises is not required pursuant to subsection (d) of this section, the Court may abate the criminal nuisance by issuing an order prohibiting the defendants and all other persons from conducting, maintaining, aiding, abetting or permitting events constituting the criminal nuisance, or from otherwise having contact with the premises. Additionally, the Court may issue an order appointing a temporary receiver to manage or operate the premises or order that any defendant take immediate actions including, but not limited to, the remedies listed in § 7113(c)(7) of this title. A temporary receiver shall have such powers and duties specifically authorized pursuant to § 7113 of this title.

(g) Notwithstanding the Delaware Rules of Evidence, any police report concerning the premises, and any witness statements contained therein, may be admitted into evidence in determining the existence of a criminal nuisance or whether any form of temporary abatement relief is appropriate.

(h) The abatement order shall be served pursuant to the procedures set forth in § 7108 of this title, and by both such delivery and posting. The officer serving such abatement order shall forthwith make and return into Court an inventory of the personal property and contents situated in and used in conducting or maintaining the criminal nuisance. The parties may enter into a consent order in relation to or with respect to temporary abatement relief or permanent abatement relief. Any such order must be approved by the Court. Any violation of such abatement order shall be a contempt of court, and where such order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon or therein a notice to that effect.

(i) The temporary abatement order shall remain in place until a permanent abatement hearing. Any violation of the Court’s temporary abatement order shall be contempt of court, to be punished as provided in this chapter.

(j) The owner or owners of any real or personal property so closed or prohibited, or to be closed or prohibited, may petition the Court for an expedited schedule for the permanent abatement hearing.

(k) The release of any real or personal property under this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law.
10 Del. C. § 3925 — Delaware Code / Title 10 / Chapter 39 / Section 3925
§ Â
        3925. Public officers and employees.
Status: in_force

Any public officer or employee, in a criminal or civil action against the person arising from state employment, shall be entitled to petition the court for a court-appointed attorney to represent the person’s interests in the matter. If the judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the judge may require, determines that the petition has merit, the judge shall appoint an attorney to represent the interests of such public officer or employee. The court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the court. The court may first appoint an attorney from the Department of Justice. If the court determines that the Department is unable to represent such public officer or employee, the court may appoint an attorney from the Office of Defense Services in criminal actions only, and in civil actions may appoint an attorney licensed in this State. This section shall also apply to all federal courts within this State.
10 Del. C. § 4906 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4906
§ Â
        4906. Procedure of freeholders.
Status: in_force

The freeholders shall, upon the receipt of the notice and the tender of the fee named in this subchapter for services in making the valuation, to meet at the time and place mentioned in the notice, and before proceeding to make the valuation of property exempt under §§ 4902 and 4903 of this title and requiring a valuation thereof, shall take the following oath or affirmation, to wit:

________________

“I do solemnly swear, or affirm, as the case may be, that I will appraise the property of A. B., exempt from execution or attachment process under and by virtue of the laws of this State, at its true value in money, and that I will true schedule make to the best of my knowledge and understanding.”

________________

They shall then proceed to value the property designated and set apart by the debtor, and to make 2 schedules, distinctly stating the respective articles and their value thereof, with a certificate certifying that the articles mentioned in the schedule have been appraised at their true value in money, and were designated and set apart by the debtor and claimed by the debtor as exempt from execution or attachment process. Such certificate shall be signed by the freeholders or a majority of them. The articles mentioned by name in § 4902 of this title shall not be valued or included in the schedule.
10 Del. C. § 4006 — Delaware Code / Title 10 / Chapter 40 / Subchapter I / Section 4006
§ Â
        4006. Exclusion on civil liability limits for claims against public schools involving sexual abuse of a child.
Status: in_force

(a) The privileges and immunities from liability under §§ 4001 and 4003 of this title do not apply to a public school, or an officer or employee of the public school, in a civil lawsuit for damages based on sexual abuse of a child by an adult employee or agent of the public school.

(b) A civil cause of action for sexual abuse of a child under this section must be based on sexual acts that would constitute a criminal offense under the Delaware Code.
10 Del. C. § 5303 — Delaware Code / Title 10 / Chapter 53 / Subchapter I / Section 5303
§ Â
        5303. Clerk of United States District Court.
Status: in_force

The Clerk of the United States District Court for the District of Delaware may administer oaths and affirmations and take acknowledgment of the execution of instruments of writing in this State which are to be used in the District Court, or in any district or appellate court of the United States.
10 Del. C. § 8503 — Delaware Code / Title 10 / Chapter 85 / Section 8503
§ Â
        8503. Posting of fee lists.
Status: in_force

Every officer referred to in this part, who keeps a public office, shall always post in some convenient and conspicuous place a printed or written list of the fees prescribed in this part, as they relate to such officer’s office.
10 Del. C. § 9530 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9530
§ Â
        9530. Proceedings against special bail; scire facias.
Status: in_force

(a) If special bail is not discharged as provided by § 9529 of this title, and it appears, by the return upon any execution, that goods sufficient to satisfy the judgment cannot be found, proceedings by scire facias, in the form prescribed by § 9577 of this title, may be had against the bail.

(b) The scire facias shall be served on the bail, as provided in respect to service of a summons, at least 4 days before its return. If so served, or if it appears by the return to 2 successive writs of scire facias, that service cannot be made, the justice may proceed to give judgment against the defendant by default, unless the defendant appears; the returns to the writ, or writs, of scire facias, being first verified by affidavit.

(c) The affidavit shall state, in substance, that the constable has made diligent search for the defendant in the scire facias, and cannot find the defendant, nor hear that the defendant has any place of abode in the county.

(d) If the defendant appears, the cause shall proceed as in other cases; but a judgment against the defendant may be for the full amount of the original judgment against the defendant’s principal, inclusive of interests and costs, though that should exceed $500.
10 Del. C. § 9581 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9581
§ Â
        9581. Revival of judgments.
Status: in_force

(a) No execution shall be issued on a judgment after the defendant’s death; nor, except in the regular continuance of such process, after the lapse of 5 years from the time execution might first have issued; until the judgment is revived by scire facias. The writ of scire facias may be according to the form prescribed in this subchapter, with necessary variations. A judgment may be revived against the original defendant without service of the scire facias, as is provided in respect to bail, when no service can be made.

(b) No scire facias is necessary to make the representative, or assignee, of the plaintiff a party to such judgment; but the death, or assignment, being suggested on the record, the representative, or assignee, also named, shall become a party.
10 Del. C. § 4782 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4782
§ Â
        4782. Filing and status of foreign judgments.
Status: in_force

A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any prothonotary of this State. The prothonotary shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying, as a judgment of the Superior Court of this State and may be enforced or satisfied in like manner.
10 Del. C. § 501 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Places of holding Court.
Status: in_force

The Superior Court shall be held:

(1) In New Castle County, at Wilmington;

(2) In Kent County, at Dover; and

(3) In Sussex County, at Georgetown.
10 Del. C. § 9575 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9575
§ Â
        9575. Abatement and dismissal [Transferred].
Status: in_force

Transferred to § 9574 of this title.
10 Del. C. § 7709 — Delaware Code / Title 10 / Chapter 77 / Section 7709
§ Â
        7709. Rules and regulations.
Status: in_force

The Supreme Court, Superior Court, Justice of the Peace Court, State Police, State Bureau of Identification, and Delaware Criminal Justice Information System Board of Managers may promulgate rules and regulations to carry out the purposes of this chapter.
10 Del. C. § 3102 — Delaware Code / Title 10 / Chapter 31 / Section 3102
§ Â
        3102. Payment of costs by nonresidents for issuance or execution of writs.
Status: in_force

No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution on any judgment, in favor of any person not a resident of this State, unless the costs of the issuing of such writ are first paid or tendered to such officer; nor shall any sheriff or constable be compelled to execute any such writ until the legal fees for such services are first paid or tendered to such officer by the plaintiff in such action, the plaintiff’s attorney or agent; any law, custom or usage of this State to the contrary notwithstanding.
10 Del. C. § 3906 — Delaware Code / Title 10 / Chapter 39 / Section 3906
§ Â
        3906. Action to recover goods seized by execution or attachment.
Status: in_force

A civil action may be brought to recover goods and chattels seized by virtue of any process of execution or attachment, with damages and costs for the taking and detention thereof, against the officer seizing the same, at the suit of the owner of such goods and chattels not being the defendant in the execution or attachment, the proper pledges and security being given, as in other cases, by the plaintiff in such civil action, before delivery to him or her of the goods and chattels sought to be recovered.
10 Del. C. § 1053 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1053
§ Â
        1053. Appeals by the State in Family Court cases.
Status: in_force

(a) An appeal may be taken by the State from the Family Court to an appellate court in the following instances:

(1) Appeal as of right. — a. The State shall have an absolute right to appeal to an appellate court a final order of the Family Court where the order constitutes a dismissal of a petition or information or any count thereof or the granting of any motion vacating any verdict or judgment of delinquency or conviction where the order of the Family Court is based upon the invalidity or construction of the statute upon which the petition or information is founded or where the order is based on lack of jurisdiction of the Family Court over the person or subject matter.

b. Notwithstanding any section of this chapter to the contrary, the State shall have an absolute right to appeal to an appellate court from any order of the Family Court which grants an accused any of the following: a new trial or judgment of acquittal after a verdict or an adjudication of delinquency; a modification of a verdict or an adjudication of delinquency; an arrest of judgment; relief in any postconviction proceeding or in any action collaterally attacking a criminal judgment or an adjudication of delinquency; or any order or judgment declaring any act of the General Assembly, or any portion of 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 Constitution of the United States or of this State.

c. Notwithstanding any section of this chapter to the contrary, the State shall have an absolute right to appeal to an appellate court any ruling of the Family Court on a question of law or procedure adverse to the State in any case in which the accused was convicted or adjudicated delinquent 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 the accused’s 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 accused’s appeal.

d. Notwithstanding any section of this chapter to the contrary, 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.

e. Any appeal brought by the State pursuant to paragraph (a)(1)c. or d. of this section shall be personally authorized by either the Attorney General or the Chief Deputy Attorney General.

(2) Appeal in the discretion of the appellate court. — The State may apply to an appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the allowance of such an appeal; but in no event shall the decision or result of the appeal affect the rights of the appellee and the appellee shall not be obligated to defend the appeal, but the appellate court may require the Chief Defender of the State to defend the appeal and to argue the cause; provided, however, that if the order appealed from is an order suppressing or excluding substantial and material evidence the appellate court may permit an interlocutory appeal of any pretrial order, and if the order suppressing such evidence is reversed, the appellee may be subjected to a trial.

(b) The State’s rights of appeal in a delinquency proceeding provided under subsection (a) of this section shall be to the Supreme Court. The State’s rights of appeal in a criminal proceeding provided under subsection (a) of this section shall be to the Superior Court in the first instance, with further rights of appeal to the Supreme Court as are provided under subsection (a) of this section, from an affirmance by the Superior Court of the order of the Family Court which was appealed.

(c) The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from the filing of a notice of appeal by the defendant.

(d) “Order” for purposes of this section includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the Court appealed from which constitutes a fixed determination by such Court.

(e) The provisions of this section shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitution of the United States and the State of Delaware.
10 Del. C. § 6506 — Delaware Code / Title 10 / Chapter 65 / Section 6506
§ Â
        6506. Discretionary relief.
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, will not terminate the uncertainty or controversy giving rise to the proceeding.
10 Del. C. § 3109 — Delaware Code / Title 10 / Chapter 31 / Section 3109
§ Â
        3109. Amicable actions.
Status: in_force

Any persons willing to become parties to an amicable action may enter into an agreement in writing for that purpose, either personally or by their agents or attorneys. On filing such agreement with the prothonotary, the prothonotary shall docket the action in the Superior Court, and from the time of such entry the action shall be deemed to be depending in the same manner as if the defendant had appeared to a summons issued against him or her by the plaintiff.
10 Del. C. § 9905 — Delaware Code / Title 10 / Chapter 99 / Section 9905
§ Â
        9905. Principles of construction.
Status: in_force

The provisions of this chapter shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitutions of the United States and the State.
10 Del. C. § 124 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 124
§ Â
        124. Office secretaries.
Status: in_force

Each Justice of the Supreme Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Justices shall from time to time determine.
10 Del. C. § 7310 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7310
§ Â
        7310. Discharge of petitioner.
Status: in_force

If it appears to the court that there is no sufficient cause for remanding the petitioner, it shall order that the petitioner be discharged from imprisonment after first fulfilling the requirements of §§ 7311 and 7312 of this title.
10 Del. C. § 4913 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4913
§ Â
        4913. Exemption and attachment of wages.
Status: in_force

(a) Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the collection of a fine or costs or taxes due and owing the State.

(b) On any amount of wages due, only 1 attachment may be made. Any creditor causing such attachment to be made shall have the benefit of priority until the judgment with costs for which the attachment was made has been paid in full.

(c) Wages shall include salaries, commissions and every other form of remuneration paid to an employee by an employer for labor or services, but shall not include payment made for services rendered by a person who is self-employed.
10 Del. C. § 8805 — Delaware Code / Title 10 / Chapter 88 / Section 8805
§ Â
        8805. Good time.
Status: in_force

(a) Upon a court’s finding pursuant to § 8803(b) or (c) of this title that a prisoner has filed a factually frivolous or malicious action, or upon a court’s finding that the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of issue(s) raised, the court may order the Department of Correction to forfeit the portion of the litigant’s behavior good time credits accumulated from the date the action was received by the court up to and including every month until the action was disposed of by the court. Upon the court’s forwarding of such an order to the Department of Correction setting forth such a finding, the Department shall forfeit the prisoner’s accumulated good time as ordered by the court. To the extent the Department does not have jurisdiction to forfeit accumulated good time for a particular prisoner, the court shall forward the order to the appropriate agency who shall forfeit the prisoners accumulated good time as ordered by the court.

(b) Upon the finding of a federal court that a prisoner has filed a factually frivolous or malicious action as defined by this chapter, or upon a finding that the action is legally frivolous as defined by this chapter and that even a pro se litigant, acting with due diligence, should have found well-settled law disposing of issue(s) raised, the federal court may order the Department of Correction to forfeit the portion of the litigant’s behavior good time credits accumulated from the date the action was received by the federal court up to and including every month until the action was disposed of by the federal court. Upon the federal court’s forwarding of such an order to the Department of Correction setting forth such a finding, the Department shall forfeit the prisoner’s accumulated good time as ordered by the federal court. To the extent the Department does not have jurisdiction to forfeit accumulated good time for a particular prisoner, the federal court shall forward the order to the appropriate agency who shall forfeit the prisoners accumulated good time as ordered by the federal court.
10 Del. C. § 7708 — Delaware Code / Title 10 / Chapter 77 / Section 7708
§ Â
        7708. Sanctions.
Status: in_force

(a) Any person who violates a lethal violence protective order may be guilty of criminal contempt under § 1271A of Title 11.

(b) Any person who swears falsely, as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7702, § 7703, or § 7704 of this title, a written request to terminate or renew a lethal violence protective order under § 7705 of this title, or in any court hearing under § 7703, § 7704, or § 7705 may be guilty of perjury under § 1221, § 1222 or § 1223 of Title 11.
10 Del. C. § 5212 — Delaware Code / Title 10 / Chapter 52 / Section 5212
§ Â
        5212. Effect of currency revalorization.
Status: in_force

(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.

(b) If substitution under subsection (a) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
10 Del. C. § 8121 — Delaware Code / Title 10 / Chapter 81 / Section 8121
§ Â
        8121. Cause of action arising outside State.
Status: in_force

Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by the law of the state or country where the cause of action arose, for bringing an action upon such cause of action. Where the cause of action originally accrued in favor of a person who at the time of such accrual was a resident of this State, the time limited by the law of this State shall apply.
10 Del. C. § 1022 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1022
§ Â
        1022. Duties of other courts.
Status: in_force

(a) When any adult shall have been arrested for any offense within the jurisdiction of this Court, the arresting officer may bring the person directly to the Court in the appropriate county if it be in session, unless a Judge of the Court directs otherwise, or, if the Court is not in session, before any other criminal court.

(b) Such Court shall inquire into the matter and shall hold the accused on the accused’s own recognizance or on bail, with or without surety, and may bind material witnesses for their appearance before this Court at its next session or at such time as they may be notified by this Court to appear; and in default of bail, the accused and material witnesses shall be committed to the Department of Health and Social Services to be delivered to this Court at its next session. All recognizances and bail bonds shall be forthwith forwarded to the Court in the appropriate county.

(c) The accused shall, upon application, be granted a preliminary hearing.
10 Del. C. § 7311 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7311
§ Â
        7311. Oath of insolvency upon discharge.
Status: in_force

Before an order for a petitioner’s discharge, the petitioner shall take an oath or affirmation according to the following form, the same being first distinctly read to him or her:

“I ________________________ do solemnly swear (or affirm) that the account set forth in my petition to be discharged from imprisonment, is a full and true account of all my real and personal estate, legal and equitable, in possession, reversion and remainder, and of every nature and description, including all my debts, credits, rights, money and effects whatsoever; and that I have not at any time, given, conveyed, assigned, settled, disposed of, or delivered any lands, goods, money, stock, securities, or other real or personal estate, so as to expect any benefit or advantage therefrom, or upon any trust otherwise than as mentioned in said petition; that I have not contracted any debt, nor executed any bonds, or security, nor done any other act or thing to defraud my creditors; and that I have not intentionally or knowingly omitted from the list set forth in my petition any one of my creditors, nor misstated any debt due from me; so help me God. (Or so I do solemnly affirm.)”
10 Del. C. § 8102 — Delaware Code / Title 10 / Chapter 81 / Section 8102
§ Â
        8102. Guardian bond.
Status: in_force

No action shall be brought upon any guardian bond, against either the principal or sureties, after the expiration of 3 years from the determination or ceasing of the guardianship.
10 Del. C. § 7119 — Delaware Code / Title 10 / Chapter 71 / Section 7119
§ Â
        7119. Premises involving multiple residences or businesses.
Status: in_force

(a) Where the premises constituting the criminal nuisance includes multiple residences, dwellings or business establishments, a temporary or permanent closing order issued pursuant to any provision of this chapter shall, so far as is practicable, be limited to that portion of the entire premises necessary to abate the criminal nuisance and prevent its recurrence.

(b) In addition to any other relief expressly authorized by this chapter, the Court may order a defendant who actually knew or, based on information provided to said defendant, had reason to know of, the criminal nuisance, to provide relocation assistance to any tenant ordered to vacate a premises pursuant to this chapter, provided that the Court determines that such tenant was not involved in the criminal nuisance or any criminal nuisance constituting the criminal nuisance and did not knowingly aid in the commission of any such criminal nuisance. Relocation assistance shall be in the amount necessary to cover moving costs, security deposits for utilities and comparable housing, any lost rent, and any other reasonable expenses the Court may deem fair and reasonable as a result of the Court’s order to close a premises or any portion thereof pursuant to this chapter.
10 Del. C. § 9302 — Delaware Code / Title 10 / Chapter 93 / Section 9302
§ Â
        9302. Venue of the Justice of the Peace Court.
Status: in_force

The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.
10 Del. C. § 9223 — Delaware Code / Title 10 / Chapter 92 / Section 9223
§ Â
        9223. Security personnel.
Status: in_force

All security personnel of the Court shall have the full powers of a Justice of the Peace Court constable, including the power of arrest, while performing Court-related functions throughout the State.
10 Del. C. § 1044 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1044
§ Â
        1044. Nonemergency hearings.
Status: in_force

(a) Upon receipt of a petition for a protective order, the Court shall order a hearing within 30 days.

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

(c) Service of the protective order, as well as provision of copies to the parties, shall take place in accordance with § 1043(f) of this title.
10 Del. C. § 146 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 146
§ Â
        146. Time for appeal of infants or mentally incompetent persons not represented by a guardian or trustee.
Status: in_force

When an infant or a mentally incompetent person is a party to an action and was not represented in the action in the lower court by a guardian ad litem, general guardian or trustee, the time within which such infant or mentally incompetent person may appeal to the Supreme Court shall begin to run at the ceasing of such disability and not at the time of signing the judgment or decree.
10 Del. C. § 4757 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4757
§ Â
        4757. Testatum fi. fa. or transcript of judgment in another county; duties of prothonotary.
Status: in_force

(a) Whenever there is any judgment in any county of this State, against any person, upon which a testatum fi. fa. has been issued and recorded in another county, or a transcript of the same has been so made and recorded, and the judgment upon which the testatum fi. fa. has been issued, or that of which a transcript has been made and recorded as heretofore prescribed, has been satisfied, the prothonotary for the county where such original judgment is or shall be, within 30 days after such satisfaction, shall certify the fact of such satisfaction to the prothonotary of the county where the testatum fi. fa. or transcript, has been recorded. Upon the receipt of such certificate the prothonotary of the county where the testatum fi. fa. or transcript has been recorded shall write the fact of such satisfaction, within 2 days thereafter, upon the record where the testatum fi. fa. or the transcript, is or shall be recorded.

(b) If any prothonotary refuses or neglects to perform any of the duties enjoined upon the prothonotary by this section, the prothonotary shall be liable in damages to any person injured by such default in a civil action. Such damages shall not be less than $10 nor more than $50, except when special damages to a larger amount are alleged in the complaint and proved.
10 Del. C. § 6201 — Delaware Code / Title 10 / Chapter 62 / Section 6201
§ Â
        6201. Jurisdiction of Superior Court.
Status: in_force

(a) The Superior Court shall have exclusive jurisdiction to vacate any dedication of open space or parkland accepted by any county or municipality whether or not title has been accepted. The Court shall, in its final order, decide all questions raised concerning the vacation, including the award of damages.

(b) The several counties and municipalities are prohibited from vacating any dedication of open space or parkland except in accordance with the procedures established in this chapter.

(c) This chapter shall not preclude any county or municipality from seeking equitable relief in the Court of Chancery for this State on any issue, including, but not limited to, injunctive relief, actions to acquire or quiet title, declaratory judgment or any other matter in the nature of an equitable remedy.
10 Del. C. § 6912 — Delaware Code / Title 10 / Chapter 69 / Section 6912
§ Â
        6912. Reduction of excessive bail.
Status: in_force

If the party is committed on mesne process in a civil action for want of bail, and it appears that the sum required is excessive, the court or judge shall decide what bail is reasonable, and shall order that, on giving such bail, the party shall be discharged.
10 Del. C. § 5107 — Delaware Code / Title 10 / Chapter 51 / Section 5107
§ Â
        5107. Affirmance of judgment by Supreme Court.
Status: in_force

Upon affirmance of a judgment in the Supreme Court, the costs of the defendant in error or appellee shall be added, by way of increase, to his or her costs in the first judgment, and be a part of the judgment. The amount may be stated accordingly in the process and pleadings.
10 Del. C. § 3920 — Delaware Code / Title 10 / Chapter 39 / Section 3920
§ Â
        3920. Actions for price of newspapers or magazines received by mail; necessity for express order.
Status: in_force

No action shall be brought to charge any person upon any promise or agreement for the subscription price to any newspaper, magazine, periodical, or publication whatsoever, when such promise or agreement arises from such person receiving through the mails any newspaper, magazine, periodical, or publication, unless such newspaper, magazine, periodical, or publication shall have been, previous to its being so received, expressly ordered by such person from the publisher thereof.
10 Del. C. § 8127 — Delaware Code / Title 10 / Chapter 81 / Section 8127
§ Â
        8127. Alleged deficiencies in the construction of improvements to real property.
Status: in_force

(a) As used in this section:

(1) “Action” shall include actions at law or in equity, or otherwise, instituted and/or prosecuted by or on behalf of this State, any of its agencies, commissions, departments or political subdivisions, and by or on behalf of any other governmental subdivision, agency, department or body, as well as by or on behalf of private individuals, persons, parties, corporations, partnerships, associations and other entities.

(2) “Construction” shall include construction, erection, building, alteration, reconstruction and destruction of improvements to real property.

(3) “Contract” shall mean the prime or general contract between the general contractor, on the one hand, and the owner or agent of the owner of the real property upon which or to which the construction is to be performed or the owner or agent of the owner of the improvement to be constructed, on the other hand.

(4) “Deficiency” shall include acts and actions performed and failures to act and omissions.

(5) “Improvement” shall include buildings, highways, roads, streets, bridges, entrances and walkways of any type constructed thereon, and other structures affixed to and on land, as well as the land itself, except that such term shall not include buildings, entrances, walkways and structures used or intended to be used at the time of such construction primarily for residential purposes and uses.

(6) “Person” shall include individuals, corporations, partnerships, firms, individual proprietorships and associations of persons.

(b) No action, whether in or based upon a contract (oral or written, sealed or unsealed), in tort, or otherwise, to recover damages or for indemnification or contribution for damages, resulting:

(1) From any alleged deficiency in the construction or manner of construction of an improvement to real property and/or in the designing, planning, supervision and/or observation of any such construction or manner of construction; or

(2) From any alleged injury to property, real, personal or mixed, arising out of any such alleged deficiency; or

(3) From any alleged personal injuries arising out of any such alleged deficiency; or

(4) From any alleged wrongful death arising out of any such alleged deficiency; or

(5) From any alleged trespass arising out of any such alleged deficiency; or

(6) From any alleged injury unaccompanied with force or resulting indirectly from any such alleged deficiency;

shall be brought against any person performing or furnishing, or causing the performance or furnishing of, any such construction of such an improvement or against any person performing or furnishing, or causing the performing or furnishing of, any such designing, planning, supervision, and/or observation of any such construction or manner of construction of such an improvement, after the expiration of 6 years from whichever of the following dates shall be earliest:

a. The date of purported completion of all the work called for by the contract as provided by the contract if such date has been agreed to in the contract itself;

b. The date when the statute of limitations commences to run in relation to the particular phase or segment of work performed pursuant to the contract in which the alleged deficiency occurred, where such date for such phase or segment of work has been specifically provided for in the contract itself;

c. The date when the statute of limitations commences to run in relation to the contract itself where such date has been specifically provided for in the contract itself;

d. The date when payment in full has been received by the person against whom the action is brought for the particular phase of such construction or for the particular phase of such designing, planning, supervision, and/or observation of such construction or manner of such construction, as the case may be, in which such alleged deficiency occurred;

e. The date the person against whom the action is brought has received final payment in full, under the contract for the construction or for the designing, planning, supervision, and/or observation of construction, as the case may be, called for by contract;

f. The date when the construction of such an improvement as called for by the contract has been substantially completed;

g. The date when an improvement has been accepted, as provided in the contract, by the owner or occupant thereof following the commencement of such construction;

h. For alleged personal injuries also, the date upon which it is claimed that such alleged injuries were sustained; or after the period of limitations provided in the contract, if the contract provides such a period and if such period expires prior to the expiration of 2 years from whichever of the foregoing dates is earliest.

(c) Nothing in this section shall extend or lengthen, nor shall anything in this section be construed or interpreted as extending or lengthening, the period otherwise prescribed by the laws of this State for the bringing of any action covered by this section.

(d) The limitations prescribed by this section shall not be available by way of a defense to any person in actual possession or actual control, as owner, tenant or otherwise, of such an improvement at the time when the alleged deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.