10 Del. C. § 1316 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1316
§ Â
        1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas.
Status: in_force

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

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

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

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

(4) The power to accept a plea of guilty to a misdemeanor or violation, including any violation of probation, or violation of Title 21, or any other violation defined in the Delaware Code, and, with the consent of the parties, to enter a sentence thereon.

(b) Commissioners may be designated to perform the following with the approval of the Chief Judge or the Chief Judge’s designee:

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

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

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

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

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

(3) A Commissioner may be assigned such additional duties by the Chief Judge, including assignments to other courts upon designation by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit in another court may exercise the powers and duties of a Commissioner appointed to said court.
10 Del. C. § 3704 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3704
§ Â
        3704. Personal injury actions.
Status: in_force

No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final judgment and satisfaction.
10 Del. C. § 2321 — Delaware Code / Title 10 / Chapter 23 / Section 2321
§ Â
        2321. Notification of issuing writs of certiorari in motor vehicle cases.
Status: in_force

The prothonotary shall, upon issuing a writ of certiorari in any case involving a violation of the motor vehicle laws of this State, at once notify by mail the Motor Vehicle Commissioner of this State of the issuing of the writ.
10 Del. C. § 5714 — Delaware Code / Title 10 / Chapter 57 / Section 5714
§ Â
        5714. Vacating an award.
Status: in_force

(a) Upon complaint or application of a party in an existing case, the Court shall vacate an award where:

(1) The award was procured by corruption, fraud or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral except where the award was by confession, or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers, or so imperfectly executed them that a final and definite award upon the subject matter submitted was not made;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor, or refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of § 5706 of this title, or failed to follow the procedures set forth in this chapter, so as to prejudice substantially the rights of a party, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection; or

(5) There was no valid arbitration agreement, or the agreement to arbitrate had not been complied with, or the arbitrated claim was barred by limitation and the party applying to vacate the award did not participate in the arbitration hearing without raising the objection;

but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

(b) An application under this section shall be made within 90 days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within 90 days after such grounds are known or should have been known.

(c) In vacating the award on grounds other than stated in paragraph (a)(5) of this section, the Court may order a rehearing and determination of all or any of the issues, before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the Court in accordance with § 5704 of this title, or, if the award is vacated on grounds set forth in paragraphs (a)(3) and (4) of this section, the Court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 5704 of this title. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the Court shall confirm the award.
10 Del. C. § 1049D — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049D
§ Â
        1049D. Registration of order.
Status: in_force

(a) Any individual may register a foreign protection order in this State. To register a foreign protection order an individual shall present a certified copy of the order to the Court.

(b) Upon receipt of a foreign protection order, the Court shall register the order in accordance with this section. After the order is registered, the Court shall furnish to the individual registering the order a certified copy of the registered order.

(c) The Court shall register an order upon presentation of a copy of a protection order which has been certified by the issuing State. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State.

(d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that to the best of the protected individual’s knowledge, the order is currently in effect.

(e) A foreign protection order registered under this part may be entered in any existing state or federal registry of protection orders in accordance with applicable law.

(f) A fee may not be charged for the registration of a foreign protection order.
10 Del. C. § 902 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 902
§ Â
        902. Purpose; construction.
Status: in_force

(a) In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court shall have original statewide civil and criminal jurisdiction over family and child matters and offenses as set forth herein. The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another.

(b) This chapter shall be liberally construed that these purposes may be realized.
10 Del. C. § 7385 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7385
§ Â
        7385. Assigneesâ accounts and exceptions.
Status: in_force

(a) The assignee shall render an account of the assignee’s trusteeship every year from the date of the assignee’s bond, required under § 7383 of this title, before the Register in Chancery of the proper county, until the trusteeship is closed and a final account rendered and approved. If the assignee fails to perform this duty, the Register in Chancery may issue a citation to such assignee, requiring the assignee to appear and exhibit under oath or affirmation the accounts of the trusts, within a certain time to be named in such citation.

(b) Upon the filing of any such account, notice thereof shall be given to all persons in interest as directed by an appropriate order of the Court of Chancery. Such order and notice shall set forth the time within which any person in interest may take and file with the Register in Chancery, in and for the proper county, exceptions to the account in question. The time within which exceptions to any such account may be filed by any person in interest shall be determined by the Court in the exercise of its discretion, and may be extended from time to time for good cause shown. Any exceptions so filed in respect of any such account shall be heard, determined and the particular account adjusted before the Court, as it may order or direct.
10 Del. C. § 9558 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9558
§ Â
        9558. Form of venditioni exponas.
Status: in_force

The venditioni exponas shall be in the following form:

“ County, ss. The State of Delaware.

To any constable, greeting:

We command you that after giving due notice, you sell, at public vendue, the goods and chattels specified in the schedule hereto annexed, for the purpose of satisfying a judgment recovered on the day of 20, before A. B., one of our justices of the peace, by C. D. against E. F. for the sum of on interest from the and the further sum of costs of suit, and fees on the former execution, and your fees on this process, or so much of said goods and chattels as shall be sufficient for said purposes, after discharging prior liens, if any, which goods and chattels have been levied on by virtue of an execution issued on the said judgment and dated the day of 20, and that you return this execution, and your doings hereon plainly set forth to , one of our justices of the peace aforesaid, on the day of
10 Del. C. § 3931 — Delaware Code / Title 10 / Chapter 39 / Section 3931
§ Â
        3931. Civil actions for tortious injuries, including death, to lawfully-owned pets.
Status: in_force

(a) Definitions. For purposes of this section:

(1) “Compensatory damages” means all of the following:

a. In the case of the death of a pet, the fair market value of the pet before death and the reasonable and necessary cost of veterinary care.

b. In the case of an injury to a pet, the reasonable and necessary cost of veterinary care.

(2) “Owner” means a person who purchases or is gifted a pet.

(3) “Pet” means all of the following:

a. “Pet” means a domesticated animal.

b. “Pet” does not include livestock, or an animal possessed or kept in violation of State, county, or municipal law.

(b) A person who tortiously causes an injury to, or death of, a pet while acting directly or through an animal under that person’s ownership, direction, or control is liable to the owner of the pet for compensatory damages.

(c) This section may not be construed as a limitation on punitive damages where otherwise appropriate under the law and in light of the facts related to a claim asserted under this section. If a pet is owned by multiple persons, the limitations outlined in this section apply.

(d) All applicable limitations to liability, defenses, aggravating factors, and principles of law or equity relevant to the facts and circumstances of a particular action or set of actions that would otherwise apply to actions for tortious damage to property, with the exception of prior limitations related to recovery of damages based on the fair market value of property, shall apply to an action brought under this section.

(e) A person may bring an action for compensatory damages pursuant to this section in any court of competent jurisdiction.
10 Del. C. § 150 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 150
§ Â
        150. Time for appeal from Superior Court in concealed carry permit actions.
Status: in_force

Any applicant or licensee may, at any time within 30 days from the date of any adverse decision or action of the Superior Court made pursuant to its administration of the provisions of § 1441 of Title 11, appeal that decision or action to the Supreme Court.
10 Del. C. § 2312 — Delaware Code / Title 10 / Chapter 23 / Section 2312
§ Â
        2312. Certification of fines; penalty.
Status: in_force

(a) The prothonotary, within 30 days after the end of every term of the Superior Court in the prothonotary’s county, shall transmit to the Auditor of Accounts an abstract, certified under his or her hand and seal of office, of every case in the court in which a fine or forfeiture was imposed at the term, stating the name of the party, the name of the sheriff, and the amount of the fine or forfeiture.

(b) The prothonotary shall also, immediately after every term of the Superior Court in the county, transmit by mail to the State Treasurer, an abstract of all fines and forfeitures imposed by the Court at the term.

(c) Any prothonotary failing to perform any of the duties imposed by this section shall be fined not more than $100.

(d) The court in which the conviction is obtained shall cause a copy of the record of such conviction to be transmitted to the General Assembly.
10 Del. C. § 7321 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7321
§ Â
        7321. Deed of assignment as court record; copy as evidence.
Status: in_force

A deed of assignment, executed pursuant to § 7312 of this title, shall be deemed to be a record of the court in which it is executed. A certified copy thereof shall be competent evidence.
10 Del. C. § 1329 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1329
§ Â
        1329. Record.
Status: in_force

A verbatim record shall be kept of all evidence taken in the Court.
10 Del. C. § 4981 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4981
§ Â
        4981. Recordation of petition and order; evidentiary value.
Status: in_force

An order made upon a petition, being duly certified, the petition and order shall be recorded in the office of the recorder of deeds for the county wherein the premises are situate; and such record, or a certified copy thereof, shall be competent evidence of such petition and order.
10 Del. C. § 7351 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7351
§ Â
        7351. Petition for maintenance.
Status: in_force

Whoever is imprisoned for debt, damages, or costs of a civil action, or for nonperformance of an order or judgment for the payment of money, by virtue of original execution, other process, or commitment, may prefer to the Superior Court of the county wherein such person is imprisoned, a petition stating the imprisonment and the cause thereof, and the inability of the petitioner to maintain himself, herself or his or her family, and praying for relief.
10 Del. C. § 544 — Delaware Code / Title 10 / Chapter 5 / Subchapter III / Section 544
§ Â
        544. Power to take recognizances.
Status: in_force

The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State.
10 Del. C. § 6113 — Delaware Code / Title 10 / Chapter 61 / Section 6113
§ Â
        6113. Time for payment of award; interest.
Status: in_force

In the event no review of a condemnation cause is taken, the plaintiff or plaintiffs may pay or tender the amount of the award within 2 months after the entry of the confirmed award of the Superior Court, and in the event a review to the Supreme Court is taken, plaintiff or plaintiffs may pay or tender the amount thereof within 1 month of the entry of any final award entered pursuant to the mandate of the Supreme Court. Interest shall accrue on the award from the date of taking possession or from the date of the award, whichever first occurs.
10 Del. C. § 7805 — Delaware Code / Title 10 / Chapter 78 / Section 7805
§ Â
        7805. Plaintiffâs privacy.
Status: in_force

In an action under this chapter:

(1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff.

(2) A plaintiff to whom paragraph (1) of this section applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff’s name and other identifying characteristics.

(3) The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
10 Del. C. § 528 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 528
§ Â
        528. Court reportersâ charges.
Status: in_force

The Superior Court may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.
10 Del. C. § 8109 — Delaware Code / Title 10 / Chapter 81 / Section 8109
§ Â
        8109. Bills and notes.
Status: in_force

When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.
10 Del. C. § 6014 — Delaware Code / Title 10 / Chapter 60 / Section 6014
§ Â
        6014. Savings clause.
Status: in_force

This chapter does not affect a cause of action asserted before September 15, 2025, in a civil action or a motion under §§ 8136 through 8138 of this title regarding the cause of action.
10 Del. C. § 4951 — Delaware Code / Title 10 / Chapter 49 / Subchapter III / Section 4951
§ Â
        4951. Issuance.
Status: in_force

A writ of venditioni exponas for the sale of any goods and chattels, lands and tenements, taken in execution by virtue of a writ of fieri facias, may be issued and directed either to the sheriff in office, or the sheriff’s immediate predecessor (he or she having seized and taken in execution such goods and chattels, lands and tenements) at the election of the plaintiff in the execution; and all proceedings had, by virtue thereof, shall be valid in law.
10 Del. C. § 5210 — Delaware Code / Title 10 / Chapter 52 / Section 5210
§ Â
        5210. Enforcement of foreign judgments.
Status: in_force

(a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in § 5207 of this title, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.

(b) A foreign judgment may be entered and indexed in accordance with any rule or statute of this State providing a procedure for its recognition and enforcement.

(c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this State.

(d) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this State in United States dollars only.
10 Del. C. § 928A — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 928A
§ Â
        928A. Extended jurisdiction â Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18.
Status: in_force

(a) If a person commits an offense before age 18 and is arrested after reaching age 18, but before reaching age 21, the Family Court retains jurisdiction in the same manner as if the person had not reached age 18, and all provisions and rights applicable to a person who is under 18 apply to the person.

(b) Nothing in this section precludes prosecuting a person to whom this section applies as an adult under §§ 921 and 1010 of this title.
10 Del. C. § 9555 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9555
§ Â
        9555. Priority of liens.
Status: in_force

If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numbers.
10 Del. C. § 7206 — Delaware Code / Title 10 / Chapter 72 / Section 7206
§ Â
        7206. Termination and renewal.
Status: in_force

(a) A respondent subject to a sexual violence protective order issued under § 7205 of this chapter, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to terminate the order.

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

(2) The respondent must prove by a preponderance of the evidence that the respondent no longer poses a danger of causing petitioner harm.

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

(b) A petitioner may request a renewal of a sexual violence protective order at any time within 3 months before the expiration of a sexual violence protective order issued under § 7205 of this title or this subsection.

(1) The Court must provide notice to all parties and a hearing before the Court may renew an order issued under § 7205 of this title or this subsection.

(2) The petitioner must prove by a preponderance of the evidence that the respondent continues to pose a danger of causing petitioner harm.

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

(4) The Court shall set the duration of the renewed sexual violence protective order, which may be up to 3 years. The order remains in effect unless terminated under subsection (a) of this section, renewed under this subsection, or expired and not renewed.
10 Del. C. § 1806 — Delaware Code / Title 10 / Chapter 18 / Section 1806
§ Â
        1806. Period in which authority may be exercised.
Status: in_force

(a) An individual authorized to act as a special emergency judge may exercise the powers and discharge the duties of an office under this chapter as authorized in this chapter only after an emergency event has occurred.

(b) The General Assembly may, by concurrent resolution, terminate the authority of special emergency judges to exercise the powers and discharge the duties of office as provided in this chapter.
10 Del. C. § 4751 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4751
§ Â
        4751. Time for entry; penalty for failure to satisfy; jurisdiction.
Status: in_force

(a) Every person to whom a sum is due by judgment, who receives satisfaction of the same, shall forthwith cause such satisfaction to be entered upon the record of the judgment.

(b) Whoever being the holder of a judgment wilfully fails to satisfy a judgment upon the record as required by subsection (a) of this section, shall be fined not more than $500 for each such failure.

(c) The Superior Court shall have jurisdiction of offenses under this section.
10 Del. C. § 6006 — Delaware Code / Title 10 / Chapter 60 / Section 6006
§ Â
        6006. Proof.
Status: in_force

In ruling on a motion under § 6003 of this title, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.
10 Del. C. § 3909 — Delaware Code / Title 10 / Chapter 39 / Section 3909
§ Â
        3909. Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writâdebitum sine breve).
Status: in_force

No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever such complaint is required by the bond on which such judgment was entered, the court before whom any question is raised about the validity of such judgment for want of such complaint shall allow such complaint to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.
10 Del. C. § 9633 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9633
§ Â
        9633. Procedure.
Status: repealed

(a) In a proceeding under this subchapter, the service of a summons shall be as in all other civil actions. If service is unable to be perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of claim and informing the defendant that a hearing will be held 15 days from the date of the certified letter based upon the claim outlined in the statement of claim.

(b) The summons and the certified letter shall both contain a provision instructing the defendant not to intentionally destroy, damage, sell or secrete the item in question with the further proviso that the violation thereof could result in a civil contempt violation in accordance with § 9506 of this title.

(c) The trial of the issue shall be as in all other civil actions.

(d) Should judgment be entered in favor of the plaintiff, the Court shall issue a writ of replevin in the form outlined in § 9634 of this title.

(e) Upon the execution of the writ of replevin, there shall be a stay of 15 days from the date of the judgment during which the plaintiff shall not sell, damage, destroy or secrete the items. A violation of this section could result in a civil contempt violation in accordance with § 9506 of this title. The purpose of the stay is to permit the defendant to appeal or otherwise act.

(f) Any statute inconsistent with the contents of this section is repealed.
10 Del. C. § 1313 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1313
§ Â
        1313. Powers and duties of Clerks.
Status: in_force

(a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county, and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter.

(b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk shall issue all process under the Clerk’s hand and the seal of the Court, signing such process by the title of office and shall tax costs.

(c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction.
10 Del. C. § 7386 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7386
§ Â
        7386. Removal of assignees.
Status: in_force

The Court of Chancery, upon cause being shown, may remove the assignee or trustee referred to in this chapter, and compel an assignment of the trust estate to others appointed in their stead. Any order of the Court in the premises may be enforced by attachment and imprisonment.
10 Del. C. § 9612 — Delaware Code / Title 10 / Chapter 95 / Subchapter III / Section 9612
§ Â
        9612. Form of summons.
Status: in_force

The summons under this subchapter shall be in the form provided by the Justice of the Peace Court for summons in civil cases.
10 Del. C. § 7306 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7306
§ Â
        7306. Hearing by court in absence of allegation of fraud.
Status: in_force

If an allegation of fraud is not filed, or being filed is withdrawn, the court shall hear what is alleged and proved for or against granting the prayer of the petition.
10 Del. C. § 4505 — Delaware Code / Title 10 / Chapter 45 / Section 4505
§ Â
        4505. Grand jury.
Status: in_force

Grand juries in New Castle County shall consist of 15 members, and the affirmative vote of 9 members shall be necessary to find a true bill of indictment. Grand juries in Kent County and in Sussex County shall consist of 10 members, and the affirmative vote of 7 members shall be necessary to find a true bill of indictment. Grand jurors shall take an oath to perform faithfully the duties of a grand juror.
10 Del. C. § 5353 — Delaware Code / Title 10 / Chapter 53A / Section 5353
§ Â
        5353. Applicability.
Status: in_force

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
10 Del. C. § 2305 — Delaware Code / Title 10 / Chapter 23 / Section 2305
§ Â
        2305. Penalties for neglect of duty.
Status: in_force

Whoever, being a prothonotary, neglects any duty enjoined by § 2303 or 2304 of this title, shall be fined in such amount or imprisoned for such term, as the court, in its discretion, may determine. The prothonotary shall further be answerable in a civil action to any person, injured by such default, for all damages sustained thereby, and such default shall be a breach of the prothonotary’s official obligation.
10 Del. C. § 5725 — Delaware Code / Title 10 / Chapter 57 / Section 5725
§ Â
        5725. Exclusion of collective bargaining labor contracts with public and private employers.
Status: in_force

Notwithstanding anything contained in this chapter by word or inference to the contrary, this chapter shall not apply to labor contracts with either public or private employers where such contracts have been negotiated by, or the employees covered thereby are represented by, any labor organization or collective bargaining agent or representative.
10 Del. C. § 4935 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4935
§ Â
        4935. Employees of insolvent corporation.
Status: in_force

Employees of insolvent corporations shall have a lien for, and a preference in the payment of, wages due them from such corporation, not exceeding wages for 2 months, as provided in § 300 of Title 8.
10 Del. C. § 3101 — Delaware Code / Title 10 / Chapter 31 / Section 3101
§ Â
        3101. Date and return of writs commencing actions.
Status: in_force

Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed by statute.
10 Del. C. § 141 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 141
§ Â
        141. Advisory opinions of Justices upon request of Governor and General Assembly.
Status: in_force

(a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by resolution require it for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by 2/3 of all members elected to each House.

(b) The Justices of the Supreme Court may appoint 1 or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing or arguing the legal issues submitted by the Governor or General Assembly.

(c) If the Governor should request an advisory opinion from the Court, the Governor shall, within 5 days, notify the leadership of both Houses by sending them a copy of such request. If the General Assembly should request an advisory opinion from the Court, the Speaker of the House and the President Pro Tempore of the Senate shall within 5 days notify the Governor by sending a copy of such request.

(d) Upon receipt of such advisory opinion from the Supreme Court the governor or the General Assembly shall, within 5 days, notify the opposite party by sending a copy of such advisory opinion.
10 Del. C. § 4005 — Delaware Code / Title 10 / Chapter 40 / Subchapter I / Section 4005
§ Â
        4005. Authorization to purchase liability insurance.
Status: in_force

The State or any of its departments, agencies, boards, commissions or political subdivisions are hereby authorized to obtain from funds appropriated for such purpose a policy or policies of insurance sufficient to provide coverage for its public officers, employees or members which is coextensive with the standards for indemnification as provided for in this chapter. No public officer, employee or member shall be entitled to indemnification under this section for any act or omission, not otherwise protected herein, any applicable policy of insurance to the contrary notwithstanding.
10 Del. C. § 4331 — Delaware Code / Title 10 / Chapter 43 / Subchapter III / Section 4331
§ Â
        4331. Chain of physical custody or control.
Status: in_force

In the context of controlled dangerous substances:

(1) “Chain of custody” means:

a. The seizing officer;

b. The packaging officer, if the packaging officer is not also the seizing officer; and

c. The forensic toxicologist or forensic chemist or other person who actually touched the substance and not merely the outer sealed package in which the substance was placed by the law-enforcement agency before or during the analysis of the substance.

(2) “Chain of custody” does not include a person who handled the substance in any form after analysis of the substance.

(3) a. For the purpose of establishing, in a criminal or civil proceeding, the chain of physical custody or control of evidence consisting of or containing a substance tested or analyzed to determine whether it is a controlled substance defined under Chapter 47 of Title 16, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery as stated, without the necessity of a personal appearance in court by the person signing the statement.

b. The statement shall contain a sufficient description of the material or its container so as to distinguish it as the particular item in question and shall state that the material was delivered in essentially the same condition as received.

c. The statement may be placed on the same document as the report provided for in § 4330 of this title.

d. Nothing in this section precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in or the presumption raised by the statement.
10 Del. C. § 7125 — Delaware Code / Title 10 / Chapter 71 / Section 7125
§ Â
        7125. Release of premises upon inspection or repair.
Status: in_force

(a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate license and inspection authority or agency and found to be in compliance with applicable local or state housing, building, fire, zoning, health and safety codes, ordinances, rules, regulations or statutes. Where the inspection reveals violations of any such code, ordinance, rule, regulation or statute, the Court shall issue such orders or grant such relief as may be necessary to bring the premises or portion thereof into compliance. In that event, the Court may order the premises or portion thereof to remain closed pending such necessary repairs or modification, notwithstanding that the order of closure may exceed the 1-year time limit prescribed in § 7113 of this title.

(b) The Court may authorize any person or government official to enter a premises or portion thereof closed pursuant to this chapter for the purpose of conducting an inspection or making any repairs or modifications necessary to abate the criminal nuisance or to bring the premises or portion thereof into compliance with any applicable housing, building, fire, zoning, health or safety code, ordinance, rule, regulation or statute.
10 Del. C. § 8704 — Delaware Code / Title 10 / Chapter 87 / Section 8704
§ Â
        8704. Clerk of the Supreme Court.
Status: in_force

The fees charged by the Clerk of the Supreme Court shall be as prescribed in the Rules of that Court.
10 Del. C. § 7701 — Delaware Code / Title 10 / Chapter 77 / Section 7701
§ Â
        7701. Definitions.
Status: in_force

As used in this section:

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

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

(3) “Lethal violence protective order” means an order issued by the Justice of the Peace Court or Superior Court prohibiting and enjoining a person from controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.

(4) “Petitioner” means either of the following:

a. A family member of the respondent as defined in § 901 of this title or a member of the class defined in § 1041(2)b. of this title.

b. A law-enforcement officer who files a petition alleging 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.

(5) “Physical injury” means as defined in § 222 of Title 11.

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

(7) “Respondent” means the individual who is alleged to pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to or receiving a firearm or projectile weapon.
10 Del. C. § 4501 — Delaware Code / Title 10 / Chapter 45 / Section 4501
§ Â
        4501. Declaration of policy.
Status: in_force

It is the policy of this State that jurors serving in each county shall be selected at random from a fair cross section of the population of that county and that all qualified persons shall have an opportunity to be considered for jury service and an obligation to serve as jurors when summoned for that purpose.
10 Del. C. § 4716 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4716
§ Â
        4716. Cases in which the 10 year limitation shall not apply.
Status: in_force

(a) This subchapter shall not operate to defeat the due enforcement of any writ of execution under any judgment for the recovery of money entered or recorded in the Superior Court, by virtue of which real estate is seized or taken, if such writ of execution is issued before the expiration of the said term of 10 years. They shall not apply to any judgment upon a mortgage or mechanic’s lien.

(b) No general lien which would have remained in force for more than 10 years under this section as it existed prior to June 23, 1955, shall be lost by virtue of § 4711 of this title or subsection (a) of this section, if within 1 year from June 23, 1955, such lien shall be extended in accordance with this subchapter.
10 Del. C. § 9534 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9534
§ Â
        9534. Form of attachment for contempt.
Status: in_force

The form of an attachment under § 9533 of this title for contempt against a witness, shall be as follows:

“ County, ss. The State of Delaware,

To any constable, greeting:

Bring A. B. before , one of our justices of the peace, at a Justice of the Peace Court in the county in which the action was commenced forthwith to show cause why he/she should not be punished under civil contempt as provided by § 9506 of Title 10 of the Delaware Code.
10 Del. C. § 4511 — Delaware Code / Title 10 / Chapter 45 / Section 4511
§ Â
        4511. Excuse or exclusion from jury service.
Status: in_force

(a) The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror shall be excused or excluded from jury service.

(b) A person who is not disqualified may be excused from jury service by the Court only upon a showing of undue hardship, extreme inconvenience or public necessity, for a period the Court deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the Court’s direction. The Court may determine that membership in specified groups of persons or occupational classes constitutes a showing of undue hardship, extreme inconvenience or public necessity. Women who are currently breastfeeding a child shall be excused from jury service for at least 1 year.

(c) A person who is not disqualified may be excluded from jury service by the Court only upon a finding that such person would be unable to render impartial jury service or would be likely to disrupt or otherwise adversely affect the proceedings.
10 Del. C. § 3910 — Delaware Code / Title 10 / Chapter 39 / Section 3910
§ Â
        3910. Disclaimer of interest by defendant; interpleader.
Status: in_force

The defendant in any action brought in the Superior Court for the recovery of money, or of any goods, chattels, or the value thereof in damages, which shall have come lawfully to the defendant’s hands or possession, may, at any time after the complaint is filed, and before the answer is filed, by a suggestion to be filed of record, disclaim all interest in the subject matter of such action, and offer to bring the same into court, or to pay or dispose thereof as the Court orders. If the defendant also alleges, under oath or affirmation, that the right thereto is claimed by or supposed to belong to some person not party to the action (naming such person), who has sued or is expected to sue for the same, or shows some probable matter to the Court to believe that such suggestion is true, the Court may, thereupon, order the plaintiff to interplead with such third person, and make such rules and orders in the cause, and issue such process for the purpose of making such third person party to the action, and for carrying such proceeding to interplead into full and complete effect, and may render such judgment or judgments thereon as shall be agreeable to the rules and practice of the law in like cases.
10 Del. C. § 502 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 502
§ Â
        502. Terms of Court.
Status: in_force

The designation and the duration of the terms of the Superior Court in and for each county, and the nature of the proceedings to be conducted at each such term, shall be determined by the Superior Court and shall be announced by rule of court, duly adopted and promulgated pursuant to the authority vested in the Superior Court by the provisions of § 561 of this title and § 5121 of Title 11, provided that not less than 4 terms of Court a year shall be established in each county of the State.
10 Del. C. § 4714 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4714
§ Â
        4714. Revived judgment as lien on real estate.
Status: in_force

In case the lien upon real estate of any judgment for the recovery of money entered or recorded in the Superior Court of this State is lost or interrupted under the provisions of this chapter, and the judgment is thereafter revived by scire facias, the same, when so revived, shall be a lien upon the real estate of the defendant or defendants in the original judgment, or in case of judgment upon a mechanic’s lien, upon the real estate originally bound by such mechanic’s lien, from the time of such revival, but such lien shall not relate back, nor shall it in any manner affect any prior bona fide purchaser or mortgagee from or judgment creditor of such defendant or defendants or terre tenant or terre tenants.
10 Del. C. § 4335 — Delaware Code / Title 10 / Chapter 43 / Subchapter IV / Section 4335
§ Â
        4335. Economic expert opinion on the amount of future lost wages and/or future medical expenses.
Status: in_force

In any case before a Delaware court where there is a dispute over the economic amount a party owes another party for future lost wages and/or future medical expenses, there shall be a rebuttable presumption that the inflation rate for future lost wages and/or future medical expenses is equal to the economic discount rate. No party shall be required to present an economic expert witness opinion to a jury or court for the purpose of having the present value of the economic amount of a party’s claim for either future lost wages and/or future medical expenses introduced into evidence. However, no party is precluded from presenting admissible expert witness opinion to a jury or court for the purposes of having the present value of the economic amount of a party’s claim for either future lost wages or future medical expenses introduced into evidence, or to oppose the present value of the economic amount of a party’s claim for either future lost wages or future medical expenses. A Delaware court shall have the discretion in any case to order sua sponte or for good cause shown that a party shall be required to present economic expert opinion evidence on the present value of the economic amount that a party is owed by another party for future lost wages and/or future medical expenses.
10 Del. C. § 2008 — Delaware Code / Title 10 / Chapter 20 / Section 2008
§ Â
        2008. Use of audiovisual devices.
Status: in_force

During a judicial emergency, the Chief Justice is authorized to permit, by order, the use of audiovisual devices for all civil and criminal proceedings except trial by jury, whether or not such use is currently permitted by statute or court rule. Such proceedings may be conducted in the same or another county from that in which the defendant is physically located. In the order permitting the use of audiovisual devices, the Chief Justice shall state the court locations in which such usage shall be permitted, the specific proceedings for which audiovisual devices shall be permitted, the duration for which their use shall be permitted, and, when such usage is not otherwise authorized by statute or court rule, shall provide a justification for the compelling state interest in using such devices.
10 Del. C. § 5708 — Delaware Code / Title 10 / Chapter 57 / Section 5708
§ Â
        5708. Witnesses; subpoenas; depositions.
Status: in_force

(a) The arbitrators may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence, and shall have the power to administer oaths. An arbitrator and any attorney of record in any arbitration proceeding shall have the power to issue subpoenas in his or her own name. Subpoenas so issued shall be served by any sheriff, deputy sheriff, constable or other person, in the manner provided by law for the service and enforcement of subpoenas in a civil action and in accordance with the provisions of Chapter 21 of this title.

(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.

(c) All provisions of law compelling a person under subpoena to testify are applicable.

(d) Fees for attendance as a witness shall be in accordance with § 8903 of this title.
10 Del. C. § 4323 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4323
§ Â
        4323. Exceptions to the privilege in adjudicative proceedings.
Status: in_force

(a) Unless the disclosure of the content of the information would substantially increase the likelihood that the source of the information will be discovered, the privilege provided by § 4322 of this title shall not prevent a reporter from being required in an adjudicative proceeding to testify concerning the content, but not the source, of information that the reporter obtained within the scope of his or her professional activities if the judge determines that the public interest in having the reporter’s testimony outweighs the public interest in keeping the information confidential. In making this determination, the judge shall take into account the importance of the issue on which the information is relevant, the efforts that have been made by the subpoenaing party to acquire evidence on the issue from alternative sources, the sufficiency of the evidence available from alternative sources, the circumstances under which the reporter obtained the information, and the likely effect that disclosure of the information will have on the future flow of information to the public.

(b) The privilege provided by § 4322 of this title shall not prevent a reporter from being required in an adjudicative proceeding to testify concerning either the source or the content of information that the reporter obtained within the scope of his or her professional activities if the party seeking to have the reporter testify proves by a preponderance of the evidence that the sworn statement submitted by the reporter as required by § 4322 of this title is untruthful.
10 Del. C. § 8108 — Delaware Code / Title 10 / Chapter 81 / Section 8108
§ Â
        8108. Mutual running accounts.
Status: in_force

In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.
10 Del. C. § 8106 — Delaware Code / Title 10 / Chapter 81 / Section 8106
§ Â
        8106. Actions subject to 3-year limitation.
Status: in_force

(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of §§ 8108-8110, 8119 and 8127 of this title.

(b) Contractual limitations. — Notwithstanding any other provision of this section, a property insurance contract subject to subchapter III of Chapter 41 of Title 18:

(1) May not require that an action for a claim made under the contract be filed less than 1 year from the date of the denial of the claim by the insurer; and

(2) May permit an action for a claim made under the contract to be filed more than 1 year from the date of the denial of the claim by the insurer.

(c) Notwithstanding anything to the contrary in this chapter (other than subsection (b) of this section) or in § 2-725 of Title 6, an action based on a written contract, agreement or undertaking involving at least $100,000 may be brought within a period specified in such written contract, agreement or undertaking provided it is brought prior to the expiration of 20 years from the accruing of the cause of such action.
10 Del. C. § 5114 — Delaware Code / Title 10 / Chapter 51 / Section 5114
§ Â
        5114. Neglect of duties by officers; penalties.
Status: in_force

If any clerk, prothonotary, or register refuses or neglects to perform any of the duties enjoined upon him or her respectively by §§ 5112, 5113 of this title, he or she shall be fined $30.
10 Del. C. § 6203 — Delaware Code / Title 10 / Chapter 62 / Section 6203
§ Â
        6203. Petition for vacation; notice requirements.
Status: in_force

(a) In any action commenced in Superior Court, the person who holds legal title to the dedicated open space or parkland, the owner of the property abutting said dedicated property or the county or municipality in which said dedicated property is located, may apply to the Superior Court of such county or municipality for the vacation thereof, by first giving notice to the county or municipality if it is not the applicant, to the person holding the legal title to said dedicated property, to all persons owning property abutting or contiguous to said dedicated property and to all persons owning property within a subdivision in which said dedicated property is located, by mailing to the county and to such persons or their legal representatives, if known, at their last known address, written notice of their intent to file such petition with the Court at least 10 days prior to filing.

(b) Upon filing any petition in Superior Court to vacate a dedication, formal notice shall be provided by the petitioner to the chief executive officer(s) of the county or municipality in which the dedicated property is located, by service of process as provided by law. Written notice by registered mail, return receipt requested, to such party or legal representative at their last known post office address at the time of the filing of the application shall also be made upon the person holding legal title to said property, upon all persons owning property abutting or contiguous to said dedicated property, upon all persons owning property within a subdivision in which said dedicated property is located and upon any persons owning property not in the subdivision but within 200 yards of said dedicated property and by posting signs along the lot lines of the dedicated property proposed to be vacated clearly indicating the intent to vacate said property, at least 20 days prior to the hearing date set by the Court on such petitions and also by publishing notice at least once a week for 2 consecutive weeks to all such parties in interest in a newspaper of general circulation in the county or municipality in which said dedicated property is located, clearly providing the place, time and hearing date on the petition set by the Court, at least 20 days prior thereto.
10 Del. C. § 7371 — Delaware Code / Title 10 / Chapter 73 / Subchapter V / Section 7371
§ Â
        7371. Appearance in actions.
Status: in_force

The appearance of any person who is discharged from imprisonment according to subchapters I-IV of this chapter may be entered in any action, from process in which such person is so discharged. Such action may be proceeded in on the ground of such appearance.
10 Del. C. § 541 — Delaware Code / Title 10 / Chapter 5 / Subchapter III / Section 541
§ Â
        541. Jurisdiction generally.
Status: in_force

The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it.
10 Del. C. § 4324 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4324
§ Â
        4324. Determination of privilege claim.
Status: in_force

A person who invokes the privilege provided by this subchapter may not be required to testify in any proceeding except by court order. If a person invokes the privilege in any proceeding other than a court proceeding, the body or party seeking to have the person testify may apply to the Superior Court for an order requiring the claimant of the privilege to testify. If the Court determines that the claimant does not qualify for the privilege under the provisions of this subchapter, it shall order the claimant to testify.
10 Del. C. § 1312 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1312
§ Â
        1312. Deputy Clerk; powers and duties.
Status: in_force

The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed by the Court and shall perform such other duties as shall be assigned by the Court.
10 Del. C. § 4772 — Delaware Code / Title 10 / Chapter 47 / Subchapter IV / Section 4772
§ Â
        4772. Decedentâs real estate as bound.
Status: in_force

The real estate of a deceased person shall not be liable to be taken in execution upon, and shall not be bound by a judgment against deceased’s executor or administrator, unless such judgment is rendered upon a verdict, or an inquisition, or upon the report of referees on a rule of reference entered, upon application of the parties, by the Superior Court, referring all matters in controversy to 3 judicious and impartial freeholders (or more if the parties so request) to be appointed by the Court. Judgment shall be rendered on their report or the report of a majority of them.
10 Del. C. § 5401 — Delaware Code / Title 10 / Chapter 54 / Section 5401
§ Â
        5401. Findings of the General Assembly [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].
Status: in_force

The members of the 143rd General Assembly find that:

(1) On November 23, 2004, the Delaware Supreme Court sitting en banc decided the case of Ward T. Evans v. State of Delaware, 2004 WL 2743546 (Del. Supr.); and

(2) The Court held that Evans’s life sentence with possibility of parole (the penalty imposed after a September 29, 1982, jury conviction of first degree rape) had to be calculated as a 45-year term, for purposes of determining his conditional release date pursuant to § 4348 of Title 11; and

(3) In 1997, the Court held that § 4348 of Title 11 could not be applied to inmates sentenced to life imprisonment with possibility of parole (Jackson v. Multi-Purpose Criminal Justice Facility, 700 A.2d 1203 (Del. 1997)), but in 2003 the Court reversed that decision (Crosby v. State, 824 A.2d 894 (Del. 2003)); and

(4) As a result of the Court’s 2004 holding, the Evans case was reversed and remanded to the Superior Court for a determination of whether Evans had earned any good time or merit credits, and for an appropriate adjustment of his maximum release date; and

(5) Following the Evans decision, the State, through the Office of the Attorney General, filed a motion to reargue, which the Court denied; and

(6) Section 4346 of Title 11, which addresses eligibility for parole, states that “[f]or all purposes of this section, a person sentenced to imprisonment for life shall be considered as having been sentenced to a fixed term of 45 years” (emphasis added); and

(7) The 45-year fixed term was intended to apply and applies only to § 4346 of Title 11 for determining parole, a discretionary proceeding, and does not apply to § 4348 of Title 11, a mandatory proceeding which determines conditional release upon merit and good behavior credits; and

(8) When the General Assembly wrote the phrase, “shall, upon release, be deemed as released on parole” (emphasis added) in § 4348 of Title 11, it was establishing a legal fiction in order to use the provisions of the parole subchapter for supervision and other post-release requirements for both parolees and those conditionally released under § 4348 of Title 11; and

(9) The special requirement of a super-majority vote to parole a person convicted of rape in the first degree and other heinous crimes is further proof that §§ 4346 and 4348 of Title 11 are 2 separate and distinct procedures, the former being discretionary and the latter, mandatory; and

(10) Because applying the 45-year fixed term definition to § 4348 of Title 11 results in the potential release from prison of a person convicted of rape in the first degree after the person’s serving as few as 26 years, and, further, will result in nearly 200 Delaware prisoners who have committed serious and heinous crimes prior to June 30, 1990, being released from prison;

the Supreme Court erred by reading a clearly written statute, being § 4346 of Title 11, and by applying it to another statute, despite the clear language that limits the definition of a life sentence with possibility of parole to only § 4346 of Title 11. In addition, the General Assembly had never intended that good time or merit credits were to apply to serious, violent offenders.
10 Del. C. § 5043 — Delaware Code / Title 10 / Chapter 49 / Subchapter IX / Section 5043
§ Â
        5043. Specification of lands seized or levied upon.
Status: in_force

If there has been a levy, or seizure, of lands, the sheriff’s return shall specify the principal improvements thereon; if any, as well as the known, or computed, quantity and situation thereof.
10 Del. C. § 7356 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7356
§ Â
        7356. Petition by prisoner to give security for debt.
Status: in_force

Whoever is imprisoned for the reasons stated in § 7351 of this title may prefer a petition to the Superior Court setting forth that such person is willing and able to give to the creditor good and sufficient security for the payment of the debt, damages or costs within a reasonable time. If, upon the hearing of the petition, and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or the party’s attorney or agent, if there be such party, attorney or agent within the county, it appears that the petitioner is able to give such security, the Court shall proceed to order security to be given and taken in such form, and for the payment of such debt, damages and costs, in such time and manner as to the Court seems meet and proper in the case, and on such security being given and approved by the Court, an order shall be made for the immediate discharge of the petitioner from imprisonment.
10 Del. C. § 523 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 523
§ Â
        523. Law clerks.
Status: in_force

Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Superior Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
10 Del. C. § 8705 — Delaware Code / Title 10 / Chapter 87 / Section 8705
§ Â
        8705. Prothonotary; civil proceedings.
Status: in_force

The fees of the prothonotary for services provided in civil proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.
10 Del. C. § 1003 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1003
§ Â
        1003. Commencement; parties.
Status: in_force

Any person having knowledge of a child within the State who appears to be neglected, dependent or delinquent may file with the Clerk of the Court a petition in writing setting forth the facts verified by affidavit. Neither the Attorney General nor any Deputy Attorneys are required to appear in any proceeding before a Master involving a petition alleging an act of delinquency, but, at the Attorney General’s sole discretion, may appear in any such proceeding.
10 Del. C. § 1031 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1031
§ Â
        1031. Disposition.
Status: repealed

In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may:

(1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order payment of support for the child. A police officer may enter private property to take physical custody of a child to enforce the Court’s custody order when such order requests the assistance of a police officer;

(2) Order a child’s custodian to exercise such care and perform such acts as may be reasonably necessary to insure that the child shall obey the law and receive necessary care;

(3) Consent to a child’s employment, or to enlistment into the armed forces, or to receiving medical care as may be required by law;

(4) Order a person under a duty to do so to pay through the Court or the Division of Child Support Services or directly to the spouse/ex-spouse or to the custodian of the child reasonable support for the spouse and/or child. And in such cases as the Court may deem appropriate enter an order of final judgment as to any past due support which judgment shall not be subject to subsequent modification by the Court;

(5) In an action to prevent a family member from conduct that imperils the family relationship, order the defendant to desist from the acts complained of, or order individual or family counseling with the court staff or with any appropriate counseling agency, or enter such other order as may be required;

(6) May commit an adult with a mental disorder or incapacity, or intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State which will consent to receive the person.

(7) [Repealed.]
10 Del. C. § 129 — Delaware Code / Title 10 / Chapter 1 / Subchapter II / Section 129
§ Â
        129. Law clerks.
Status: in_force

Law clerks hold major, nontenured advisory positions for the Justices of the Court. The Supreme Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
10 Del. C. § 4010 — Delaware Code / Title 10 / Chapter 40 / Subchapter II / Section 4010
§ Â
        4010. Definitions.
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings:

(1) “Employee” means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term “employee” shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity.

(2) “Governmental entity” means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads.
10 Del. C. § 5703 — Delaware Code / Title 10 / Chapter 57 / Section 5703
§ Â
        5703. Proceedings to compel or enjoin arbitration; notice of intention to arbitrate.
Status: in_force

(a) Proceeding to compel arbitration. — A party aggrieved by the failure of another to arbitrate may file a complaint for an order compelling arbitration. Where there is no substantial question whether a valid agreement to arbitrate in this State was made or complied with the Court shall order the parties to proceed with arbitration. Where any such question is raised it shall be tried forthwith in said Court. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in the Court of Chancery in the State the application shall be made therein. If the application is granted, the order shall operate to stay the pending or any subsequent action, or so much of it as is referable to arbitration. Any action or proceeding in any other court of the State, involving an issue subject to arbitration, shall be stayed if an order for arbitration or a complaint or an application therefor has been made in the Court of Chancery under this chapter or, if the issue is severable, the stay may be with respect thereto only.

(b) Application to enjoin arbitration. — Subject to subsection (c) of this section, a party who has not participated in the arbitration and who has not been made or served with an application to compel arbitration may file its complaint with the Court seeking to enjoin arbitration on the ground that a valid agreement was not made or has not been complied with.

(c) Notice of intention to arbitrate. — A party must serve upon another party a notice of intention to arbitrate, specifying the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party served applies to enjoin the arbitration within 20 days after such service such party shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with. Such notice shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. A complaint seeking to enjoin arbitration must be made by the party served within 20 days after service of the notice or the party shall be so precluded. Notice of the filing of such complaint shall be served in the same manner as a summons or by registered or certified mail, return receipt requested.
10 Del. C. § 8903 — Delaware Code / Title 10 / Chapter 89 / Section 8903
§ Â
        8903. Witnesses.
Status: in_force

(a) The fees of witnesses, for the services specified, shall be as listed below:

For attendance in any court, or before referees under a rule of court, or before a justice in case of forcible entry, or landlord vs. tenant, or before a county governing body, or before a Commissioner, Register in Chancery, or prothonotary, executing a commission or rule for taking depositions, or before either House of the General Assembly, or a committee appointed by either House, each day $2.00, and 3 cents per mile going and returning.

Attendance before a justice of the peace, or before 2 justices, in all cases except as before provided for, 50 cents, and 2 cents per mile going and returning.

A person who has been committed in default of a recognizance to appear as a witness in a criminal case, shall, for the time the person is detained, receive such compensation as the court allows.

(b) The State Treasurer or Department of Finance shall, upon the production of a certificate of attendance under the hand of the prothonotary, pay the fees of witnesses on behalf of the State, or on behalf of a person tried and acquitted, upon a criminal charge in the Superior Court of his or her county.

(c) The prothonotary shall pay to the State Treasurer all fees of witnesses collected under this section as costs to reimburse the State Treasurer for such fees as have been paid in advance to such witnesses by the State Treasurer after the effective date of this subsection.

(d) No government employee shall be entitled to witness fees or mileage if that employee is serving in an official capacity.
10 Del. C. § 9590 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9590
§ Â
        9590. Delivery of goods to constable; defense of garnishee; liability of constable.
Status: in_force

(a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgment rendered against the garnishee, exclusive of costs, in the same way as if the garnishee, at the time the attachment was laid, had delivered the property, or paid the money to the defendant in the attachment.

(b) The constable, to whom any goods or effects are, upon any attachment, delivered, and the constable’s sureties, shall be liable, on his or her official bond, for the safe keeping of such goods or effects. The constable shall make certain that the goods or effects are taken in execution upon judgment being rendered against the defendant, or are restored to the owner, if no such judgment is rendered. The constable shall account for all money arising from the sale of any such goods or effects, and shall pay the same to the persons entitled.
10 Del. C. § 5053 — Delaware Code / Title 10 / Chapter 49 / Subchapter X / Section 5053
§ Â
        5053. Motion denying fraud; disposition.
Status: in_force

The court in which the affidavit referred to in § 5052 of this title is filed shall, upon motion of the person arrested, and reasonable notice in writing to the party in whose favor the process issued, or such party’s attorney, investigate the specifications of fraud in an affidavit made under § 5052 of this title; and, upon such investigation, may discharge the movant from imprisonment, or the movant for trial not later than the next term of the court of the county wherein the process issued, upon a denial, in the motion, of the specifications of fraud, or may make such order in the premises as the court deems just and proper.

In the Superior Court, the trial referred to in this section shall be by the Court unless a trial by jury is demanded by the movant.
10 Del. C. § 4326 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4326
§ Â
        4326. Short title.
Status: in_force

This subchapter may be cited as the “Reporters’ Privilege Act.”
10 Del. C. § 2110 — Delaware Code / Title 10 / Chapter 21 / Section 2110
§ Â
        2110. Penalty for nonpayment of funds collected.
Status: in_force

If any sheriff neglects to pay, according to the condition of the sheriffs’ recognizance, any money collected by the sheriff, at the time when the same is payable, the sheriff shall pay to the party entitled to the same, in addition to the sum due, at the rate of 20 percent per annum from that time until it is paid.
10 Del. C. § 9527 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9527
§ Â
        9527. Adjournments.
Status: in_force

(a) A hearing in an action under this subchapter may be adjourned to some day other than the date referred to in § 9526 of this title, but the adjournment shall not be for more than 15 days. Such adjournments may be made as are necessary for a fair trial.

(b) The justice of the peace shall fix the time of adjournment so as to bring the cause to as speedy a trial as the circumstances will admit.

(c) The justice shall, except as provided in § 9528 of this title, grant 1 adjournment to the defendant, of course, and other adjournments to either party, if it shall appear to the justice’s satisfaction, by the oath, or affirmation, of the party applying for it, or otherwise, that such party is not prepared for trial, and that the party’s want of preparation is not owing to design, or to not using due diligence.

(d) After a second adjournment, the party applying for a further adjournment, shall pay the costs accruing on the day of such application, unless the justice makes a special order that the costs, or any part of them, shall abide the result of the cause.
10 Del. C. § 8710 — Delaware Code / Title 10 / Chapter 87 / Section 8710
§ Â
        8710. Attorney-at-law.
Status: in_force

The fees of an attorney-at-law, for the services specified, shall be as listed below:
10 Del. C. § 4514 — Delaware Code / Title 10 / Chapter 45 / Section 4514
§ Â
        4514. Compensation and reimbursement.
Status: in_force

(a) Jurors shall be paid a per diem rate of $20 which shall serve as a daily allowance for reimbursement for travel, parking and other out-of-pocket expenses. An employer shall not consider the reimbursement described in this subsection as pay. Jurors whose term of service is 1 day or 1 trial shall not receive reimbursement for the first day of service. The State shall pay for food, lodging and other necessary expense during the sequestration of a jury.

(b) The Court shall keep a record of attendance and travel or other expense and shall certify the amount due for payment by the State Treasurer.
10 Del. C. § 2307 — Delaware Code / Title 10 / Chapter 23 / Section 2307
§ Â
        2307. Attachment index in New Castle County.
Status: in_force

The Prothonotary for New Castle County shall keep an indirect index in a docket for that purpose of all writs of foreign and domestic attachment which are issued from the court, and index the same at the time they are so issued. The index shall show the names of the defendants in such writs of attachment, in alphabetical order of the surnames in connection with the names of the plaintiffs therein, and the day of issuing the same. It shall also specify the appearance dockets and pages thereof in and on which such proceedings by attachment shall be docketed.
10 Del. C. § 4102 — Delaware Code / Title 10 / Chapter 41 / Section 4102
§ Â
        4102. Amendments after judgment.
Status: in_force

After judgment rendered in any civil action, any defects or imperfections, in matter of form, found in the record, or proceedings, in the action, may be rectified and amended by the court to which it is removed by appeal or writ of error, if substantial justice requires it, and if the amendment is in affirmance of the judgment.
10 Del. C. § 8116 — Delaware Code / Title 10 / Chapter 81 / Section 8116
§ Â
        8116. Savings for infants or persons under disability.
Status: in_force

If a person entitled to any action comprehended within §§ 8101-8115 of this title, shall have been, at the time of the accruing of the cause of such action, under disability of infancy or incompetency of mind, this chapter shall not be a bar to such action during the continuance of such disability, nor until the expiration of 3 years from the removal thereof.
10 Del. C. § 912 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 912
§ Â
        912. Clerks of Court; appointment; terms of office; bonds; duties.
Status: in_force

(a) There shall be a Clerk of Court appointed for the Court in each county and such Deputy Clerks as the Chief Judge deems necessary.

(b) The Clerks and Deputy Clerks of the Court shall give bond to the State in the amount of $200,000 for the Clerk and Deputy Clerks of New Castle County and in the amount of $100,000 for the Clerk and Deputy Clerks of Kent and Sussex Counties to execute faithfully their duties while in office. The State shall bear the cost of the bond premiums required hereunder.

(c) The Clerk, or, in the Clerk’s absence, the Deputy Clerk, shall have care of the legal records of the Court which the Clerk or Deputy Clerk serves and shall receive all fees, fines, costs, restitution and cash bail arising out of any proceeding in said Court. The Clerk or Deputy Clerk shall administer all necessary oaths, enter the judgments, issue commitments and executions to enforce the same and make up and keep the records of the Court in all cases therein. The Clerk or Deputy Clerk shall issue all process under his or her hand and the seal of the Court, and shall attest the same in the names of the Judges, or any of them, signing the same by the title of office, and shall tax costs. The Clerk or Deputy Clerk may take bail from persons arrested whether or not the Court is in session, subject to revision by a Judge, and shall do all other acts which the Court shall prescribe.
10 Del. C. § 9206 — Delaware Code / Title 10 / Chapter 92 / Section 9206
§ Â
        9206. Statewide jurisdiction of the justices of the peace.
Status: in_force

Each justice of the peace shall serve in the county in which the justice of the peace resides. The justice of the peace may be assigned from time to time, for such hours and length of time as may be established by the rules or administrative policy. A justice of the peace may, with consent, be assigned to hold court in any part of the State and for that purpose, the jurisdiction of the justice of the peace shall be considered as statewide.
10 Del. C. § 1963 — Delaware Code / Title 10 / Chapter 19 / Subchapter III / Section 1963
§ Â
        1963. Payment for publication of judicial reports.
Status: in_force

Upon receipt by the Director of the Office of Management and Budget of the certificate of the Secretary of State that copies of a new volume of reports published by the Committee have been deposited in the office of the Secretary of State as required by law, the Director of the Office of Management and Budget shall draw a warrant upon the State Treasurer to pay for printing and other expenses incurred in connection with the publication of such new volume, in the amounts and in favor of the payees certified by the Chief Justice. The provisions of Chapter 69 of Title 29 shall not apply to the preparation and publication of the law reports authorized by this subchapter.
10 Del. C. § 1049E — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049E
§ Â
        1049E. Immunity.
Status: in_force

This State or a local governmental agency or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.
10 Del. C. § 163 — Delaware Code / Title 10 / Chapter 1 / Subchapter IV / Section 163
§ Â
        163. Prepayment, and bill of costs; refunds; penalty for neglect by Clerk.
Status: in_force

The plaintiff or appellant, shall, on docketing a cause in the Supreme Court, pay the Clerk such fee as the Supreme Court shall have prescribed by its Rules. Upon the determination of the cause, the Clerk shall enter on the record a bill of the costs, and after deducting his or her own fees shall, on demand, refund any portion of the sum that may be due to the plaintiff or appellant.

If the Clerk wilfully fails or neglects to comply with this section, he or she shall be fined in such amount or imprisoned for such term, or both, as the trial court, in its discretion, may determine; and shall forfeit his or her office.
10 Del. C. § 2301 — Delaware Code / Title 10 / Chapter 23 / Section 2301
§ Â
        2301. Compensation.
Status: in_force

The salaries of the prothonotaries in each county shall be established in accordance with Chapter 33 of Title 29.
10 Del. C. § 9543 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9543
§ Â
        9543. Setting aside judgment on warrant of attorney.
Status: in_force

(a) If any defendant in a judgment on warrant of attorney, or attorney’s executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, which shall be conducted as in other cases.

(b) The judgment shall not be vacated, nor any execution, or levy thereon, set aside, until after a trial and determination against such obligation, or warrant.

(c) A levy shall be a security for what may be found due to the plaintiff, the proceedings thereupon being stayed, unless the defendant gives sufficient security to pay the plaintiff the sum justly due.

(d) The security shall be entered as follows:

“On the day of A.D. 20 , A. B. (and C. D., if two) became surety for the defendant (or defendants) for the payment of whatever is justly due to the plaintiff (or plaintiffs) in this action.”

(e) Upon the entry of security being made and signed, the judgment and execution shall be set aside.
10 Del. C. § 3113 — Delaware Code / Title 10 / Chapter 31 / Section 3113
§ Â
        3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident.
Status: in_force

Section 3104 of this title shall also apply to a resident who departs from the State subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether such absence is intended to be temporary or permanent, and to any executor or administrator of such resident.
10 Del. C. § 5085 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIII / Section 5085
§ Â
        5085. Applicability to executions by the Court of Common Pleas or justices of the peace.
Status: in_force

The provisions of this subchapter shall not apply to executions issued by the Court of Common Pleas or justices of the peace.
10 Del. C. § 6304 — Delaware Code / Title 10 / Chapter 63 / Section 6304
§ Â
        6304. Release of 1 joint tortfeasor.
Status: in_force

(a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.

(b) A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors.
10 Del. C. § 4771 — Delaware Code / Title 10 / Chapter 47 / Subchapter IV / Section 4771
§ Â
        4771. Report of referees; conclusiveness as to assets.
Status: in_force

Judgment against an executor or administrator, upon the report of referees, shall not be conclusive that he or she has assets, unless it is expressly found by the report that he or she has assets.
10 Del. C. § 7508 — Delaware Code / Title 10 / Chapter 75 / Section 7508
§ Â
        7508. Applicability of ÂÂâ7501-7507 to judgments on warrant of attorney.
Status: in_force

None of the provisions of §§ 7501-7507 of this title shall extend to a warrant of attorney to confess judgment, nor to any action or judgment entered or confessed in pursuance of such warrant of attorney.
10 Del. C. § 1994 — Delaware Code / Title 10 / Chapter 19 / Subchapter VII / Section 1994
§ Â
        1994. Court rules governing commissioners.
Status: in_force

The Chief Justice of the State shall approve and promulgate rules governing the activities of the court commissioners which shall be prepared and submitted by the chief judge or senior judge of the court to be affected by said rules.
10 Del. C. § 1807 — Delaware Code / Title 10 / Chapter 18 / Section 1807
§ Â
        1807. Removal of designees.
Status: in_force

Until an individual who is designated as a special emergency judge is authorized to exercise the powers and discharge the duties of an office under this chapter, the individual serves at the pleasure of the Governor and may be removed or replaced by the Governor at any time, with or without cause.
10 Del. C. § 4910 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4910
§ Â
        4910. Taxation or sale for taxes.
Status: in_force

Nothing contained in this subchapter shall be construed as exempting any personal property from taxation, or sale for taxes, under the laws of this State.
10 Del. C. § 7009 — Delaware Code / Title 10 / Chapter 70 / Section 7009
§ Â
        7009. Eligibility for services for individuals released after conviction overturned.
Status: in_force

(a) An individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction(s) is eligible for and entitled to, and the State shall provide, all of the following:

(1) Emergency assistance. —

An emergency assistance stipend under § 521 of Title 31, in the maximum amount set forth in that section, to be provided upon release from custody, or as soon thereafter as possible.

(2) Services. —

For a period of 2 years from the individual’s release from custody:

a. Services, programs, and housing at community service centers.

b. General assistance pursuant to §§ 503 and 505 of Title 31, notwithstanding the eligibility requirements of those sections, and notwithstanding the eligibility requirements and exclusions of §§ 3019 and 3020 of Title 16 of the Administrative Code.

c. Health and dental insurance coverage at no cost to the individual, including through Medicaid under §§ 503 and 505 of Title 31, the Delaware Health Insurance Marketplace under 42 U.S.C. § 18001 et seq., or other comparable health insurance products.

d. Food benefits in the maximum benefit amount for the Supplemental Nutrition Assistance Program (SNAP) for a household size of 1 pursuant to 16 DE Admin. Code 9000 et seq., notwithstanding any otherwise applicable resource limits, income limits, and employment requirements.

(b) By October 24, 2025 the Department of Health and Social Services shall promulgate regulations sufficient to implement the provision of benefits under this section, including:

(1) Creation of an application form for benefits under this section.

(2) Designation of an individual or division to process application forms for benefits under this section that are received by the Department of Health and Social Services.

(3) Drafting of procedures and guidelines for making determinations on applications for benefits under this section within 14 days of receipt.

(4) Commencement of benefits under this section within 7 days of approval of each application.

(c) By October 24, 2025 the Department of Correction shall promulgate regulations to ensure that the Department of Health and Social Services receives identifying information for each individual who is released from incarceration based on the overturning, vacation, or reversal of the individual’s conviction to ensure that the individual is provided with all of the following:

(1) An application form for benefits under this section.

(2) The emergency assistance stipend provided in paragraph (a)(1) of this section.
10 Del. C. § 9563 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9563
§ Â
        9563. Judgment docket.
Status: in_force

Every justice of the peace shall make a fair entry, in a judgment docket, of every action commenced before him or her, therein setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process and when it is returnable, the return, and in case of a “forthwith” summons the day of the return, every adjournment and the day to which the trial is adjourned, any setoff pleaded and the amount thereof, the names of the referees if any are appointed, the sum of the referees’ report and for which party, the amount of the judgment and for which party, the costs regularly taxed, entries of bail, or of security, and the issuing of any execution, and the date thereof.
10 Del. C. § 1014 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1014
§ Â
        1014. Juvenile expungement; statement of policy.
Status: in_force

The General Assembly finds that a juvenile criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect children and citizens from unwarranted damage which may occur as a result of a juvenile criminal history.
10 Del. C. § 7803 — Delaware Code / Title 10 / Chapter 78 / Section 7803
§ Â
        7803. Civil action.
Status: in_force

(a) In this section:

(1) “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.

(2) “Private” means 1 or more of the following:

a. Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy.

b. Made accessible through theft, bribery, extortion, fraud, false pretenses, sexual exploitation of a minor, violation of privacy, or computer-related offenses.

(b) Except as otherwise provided under § 7804 of this title, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard for all of the following:

(1) The depicted individual did not consent to the disclosure.

(2) The intimate image was private.

(3) The depicted individual was identifiable.

(c) Except as otherwise provided under § 7804 of this title, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of a deep fake without the depicted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard for all of the following:

(1) The depicted individual did not consent to the disclosure.

(2) The depicted individual was identifiable.

(d) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image or deep fake which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:

(1) Consent to creation of the image.

(2) Previous consensual disclosure of the image.

(e) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
10 Del. C. § 7312 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7312
§ Â
        7312. Petitionerâs assignment in trust for creditors on discharge.
Status: in_force

The petitioner shall also, before an order for his or her discharge, execute a deed of assignment, to a trustee, or trustees, appointed by the Court. Such deed shall be endorsed upon, or annexed to the petition, and shall be according to the following form:

“I ________________________ do grant and assign to ______________________________________________ their heirs and assigns, as joint tenants, upon trust for all my creditors, all my lands, tenements, hereditaments, goods, chattels, rights, credits, and real and personal estate, of every nature and description, wheresoever situate or being.

 Witness my hand and seal the ________________________ day of ________________________ A.D. 20____________

Signed, sealed, and delivered, ____________________________ LS.”

in open court, before

If 1 trustee only be appointed, the deed may be adapted to the case.
10 Del. C. § 509 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 509
§ Â
        509. Additional judges.
Status: in_force

There shall be at least 14 judges and no more than 16 judges in addition to the President Judge and the 4 judges specifically required by article IV, § 2 of the Delaware Constitution.
10 Del. C. § 1901 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1901
§ Â
        1901. State of the judiciary message.
Status: in_force

The Chief Justice of the Supreme Court shall, from time to time, give to the General Assembly information of affairs concerning the state of the judiciary, and recommend to its consideration such measures as the Chief Justice shall deem expedient.
10 Del. C. § 9557 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9557
§ Â
        9557. Venditioni exponas; issuance; requirements; effect.
Status: in_force

(a) If there has been a levy made, but no sale, then an execution of venditioni exponas shall be issued at the request of any party entitled to the judgment.

(b) A copy of the inventory shall accompany the return.

(c) The writ may be directed to the sheriff if the original execution was so directed.

(d) The issuing of a venditioni exponas shall not discharge the officer to whom the former execution was delivered, from any liability incurred by neglect, or default, in respect to it.

(e) After 1 execution of venditioni exponas has been issued, the defendant shall not be charged with any fees upon any further execution of venditioni exponas, and such fees shall be paid by the plaintiff.

(f) If the officer to whom the first writ for the sale of the goods is delivered, does not use due diligence and all proper means to effect a sale, the officer shall be charged with the amount of such execution as if the officer had returned a sale sufficient to satisfy the same.

(g) In effecting a sale of goods, the officer shall conduct the sale in a commercially reasonable manner, which may include, but is not limited to, personally auctioning the goods according to procedures established by the Justice of the Peace Court; offering the goods through a commercial auction house; or by providing for other auction services. In the event that the officer does not personally conduct the sale, all costs of the sale, except those provided for in Justice of the Peace Court rules, shall be deducted from the proceeds of the sale, or otherwise borne by the party requesting the sale.
10 Del. C. § 5106 — Delaware Code / Title 10 / Chapter 51 / Section 5106
§ Â
        5106. Actions in Court of Chancery.
Status: in_force

The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity.
10 Del. C. § 4004 — Delaware Code / Title 10 / Chapter 40 / Subchapter I / Section 4004
§ Â
        4004. Procedure for establishing right to indemnification.
Status: in_force

The right to indemnification provided for in § 4002 of this title shall automatically obtain upon the final determination of any court or administrative tribunal of competent jurisdiction that no claim or cause of action existed, or, but for the application of the Constitutions or laws of either the United States or the State of Delaware, that no such claim or cause of action would have existed, or upon a verdict or ruling in favor of the public officer, employee or member. If a court or administrative tribunal shall determine that no right to indemnification exists because of the absence of 1 or more of the elements of immunity set forth in § 4001 of this title, said determination shall be final and binding at such time as any and all rights of appeal from the decision giving rise to such determination shall have been exhausted. If, for whatever reason, including a settlement agreed upon by the parties, the court or administrative tribunal having jurisdiction shall fail or refuse to make the determination required by this section, then the indemnification shall only be granted as to public officers, employees or members of the State upon the affirmative recommendation of the appropriate department head, or a majority of the members of the governing body of the board, commission or agency, whichever shall apply, and the concurrence of the Governor and the Attorney General or their designees. Any political subdivision of the State which shall hereafter provide indemnification as authorized by this chapter shall establish its own procedure for determining eligibility for its officers and employees in the absence of the determination of a court of competent jurisdiction.
10 Del. C. § 4902 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4902
§ Â
        4902. Exempt property.
Status: in_force

(a) Every person residing within this State shall have exempt from execution or attachment process, or distress for rent, the following articles of personal property: The family Bible, school books and family library, family pictures, a seat or pew in any church or place of public worship, a lot in any burial ground, all the wearing apparel of the debtor and the debtor’s family.

(b) In addition to the articles specifically named in subsection (a) of this section, each person residing in this State shall have exempt the tools, implements and fixtures necessary for carrying on his or her trade or business, not exceeding in value $75 in New Castle and Sussex Counties, and $50 in Kent County.

(c) All sewing machines owned and used by seamstresses or private families, shall be exempt from levy and sale on execution or attachment process and also from distress and sale for rent. This provision shall not apply to persons who keep sewing machines for sale or hire.

(d) All pianos, piano playing attachments and organs leased or hired by any person residing in this State, shall be exempt from levy and sale on execution or from distress for rent due by such person so leasing or hiring any such piano, piano playing attachment, or organ in addition to other goods and chattels exempt by law. The owner of any such piano, piano playing attachment or organ or such owner’s agent, or the person so leasing or hiring the same shall give notice to the landlord or the landlord’s agent that the instrument is hired or leased.
10 Del. C. § 908 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 908
§ Â
        908. Chief Judge; powers; duties.
Status: repealed

The Chief Judge, or in the Chief Judge’s absence the senior Judge on duty, shall:

(1) Be the Chief Executive Officer of the Court and preside at meetings thereof.

(2) Prepare and present to the Director of the Office of Management and Budget and the General Assembly the estimated budget of the Court for the ensuing fiscal year.

(3) Assign Judges to the several Courts.

(4) Approve the travel and other expenses incurred by the Judges and all employees in the performance of their duties.

(5) Establish, when necessary, a Judge’s vacation schedule.

(6) [Repealed.]

(7) Establish a procedure for the assignment of cases to the Judges.

(8) Provide for payment of the Court’s expenses.

(9) Appoint and remove at the judge’s pleasure peace officers who shall be selected from among the employees of the Court and who, while so appointed shall have such powers normally incident to peace officers, including but not limited to, the power to make arrests in a criminal cases, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.
10 Del. C. § 7807 — Delaware Code / Title 10 / Chapter 78 / Section 7807
§ Â
        7807. Statute of limitations.
Status: in_force

(a) An action under § 7803(b) of this title for:

(1) An unauthorized disclosure may not be brought later than 4 years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.

(2) A threat to disclose may not be brought later than 4 years from the date of the threat to disclose.

(b) In an action under § 7803(b) of this title by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection (a) of this section does not begin to run until the depicted individual attained 18 years of age.
10 Del. C. § 2324 — Delaware Code / Title 10 / Chapter 23 / Section 2324
§ Â
        2324. Deposits; distribution of interest.
Status: in_force

(a) The prothonotary shall deposit any sums of money held by the Prothonotary for costs or fees in accordance with policies and guidelines established by the State Treasurer.

(b) The prothonotaries in each county shall distribute interest earned from and after October 1, 1987, on bail bond deposit accounts in the amount of 100 percent to the State Treasurer.
10 Del. C. § 9580 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9580
§ Â
        9580. Endorsement and docketing; assignment of judgment.
Status: in_force

(a) The justice of the peace shall endorse on the scire facias the name of the party who has it issued, and his or her representative character, if he or she so sues, and the name of the person he or she represents, whether as executor, administrator, or assignee.

(b) The justice shall also enter in his or her docket the names of the parties, and their representative character, if either party sues or is sued as such, or as bail; the judgment, by whom rendered, when, and for how much; the names of the original parties; and a minute of the proceedings as in other cases.

(c) No assignment of a judgment shall authorize the assignee to proceed therein in his or her own name, except in the case of sureties or joint debtors, as provided in this subchapter.
10 Del. C. § 7373 — Delaware Code / Title 10 / Chapter 73 / Subchapter V / Section 7373
§ Â
        7373. Preservation of liens and liability of sureties and others.
Status: in_force

No proceeding under subchapters I-IV of this chapter shall in any way impair the lien of any mortgage, judgment, recognizance, execution, or any other lien, or the liability of one who, as surety, joint debtor, or otherwise, is liable for a debt or demand existing against the person to whom such proceeding relates.
10 Del. C. § 3924 — Delaware Code / Title 10 / Chapter 39 / Section 3924
§ Â
        3924. Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry.
Status: in_force

The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, enticement, or breach of contract to marry are abolished. No act done in this State shall operate to give rise, either within or without this State, to any such right of action. No contract to marry made or entered into in this State shall operate to give rise, either within or without this State, to any cause or right of action for its breach.
10 Del. C. § 5013 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5013
§ Â
        5013. Time of applying for writ.
Status: in_force

A rule for a writ of possession may be granted in the Superior Court at the term of the return of the sale or at any one of the next 3 succeeding terms thereafter, and in the Court of Chancery within 1 year from the return of the sale.
10 Del. C. § 2102 — Delaware Code / Title 10 / Chapter 21 / Section 2102
§ Â
        2102. Deputies and clerks.
Status: in_force

The sheriffs in the respective counties may select and employ deputies listed below:

Kent and Sussex Counties: such chief deputy, deputies and clerks as are authorized by the Levy Court or County Council of the county, at compensation fixed by such Levy Court or County Council. In Kent County, minimum qualifications may be established by the county government for each position, and said minimum qualifications and compensation and any subsequent adjustments thereto shall have the concurrence of the Sheriff.
10 Del. C. § 7102 — Delaware Code / Title 10 / Chapter 71 / Section 7102
§ Â
        7102. Purpose; construction.
Status: in_force

(a) This chapter shall be liberally construed and applied so as to promote its underlying purposes, which are:

(1) To authorize temporary and permanent abatement relief and other remedies to abate any criminal nuisance as defined herein;

(2) To eliminate locations that otherwise attract criminals, violence and the threat of violence associated with either illegal drug trade or any of the other nuisances defined herein;

(3) To abate drug nuisances and illegal drug activity as well as the other nuisances defined herein that otherwise reduce property values, injure legitimate businesses and commerce and erode the quality of life for law-abiding persons working or residing in or near these locations;

(4) To ensure that the civil actions and remedies authorized by this chapter be heard by the courts on a priority basis to expeditiously identify and abate all nuisances, particularly those involving illegal drug trade or activity; and

(5) To encourage owners, landlords, operators and managers of buildings, places or premises (hereinafter referred to as “premise”) to take the affirmative steps necessary to prevent violations on their properties involving any of the above nuisances, particularly those involving illegal drug trade or activity.

(b) Any action brought pursuant to this chapter, regardless of the remedy or remedies sought or ordered, is intended to be by the General Assembly and shall be deemed to be an action for abatement of a criminal nuisance.

(c) Any action brought on the basis of a criminal nuisance defined at § 7103(5)b. of this title is intended to abate the criminal nuisance existing on those properties where illegal firearms or projectile weapons exist and those who use illegal firearms or projectile weapons congregate. It is not intended to interfere with the right to lawful possession or use of firearms or projectile weapons by law abiding citizens.
10 Del. C. § 5812 — Delaware Code / Title 10 / Chapter 58 / Section 5812
§ Â
        5812. Short title.
Status: in_force

This chapter may be cited as the “Delaware Rapid Arbitration Act.”
10 Del. C. § 4931 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4931
§ Â
        4931. Wages in New Castle County; limitation; notice of claim; other liens.
Status: in_force

(a) In New Castle County all debts or claims that may become due or growing due for labor or services rendered by any mechanic, laborer, clerk or other employee of any person or persons, chartered company or association employing laborers, clerks or mechanics in any manner whatsoever, shall be a first lien on all the real and personal property of such employer or employers, and shall be the first to be satisfied out of the proceeds of the sale of such property, whether made by an officer or an assignee of such employer or employers or otherwise. The debt or claim, so secured to the mechanic, laborer, clerk or other employee, shall not exceed a sum equal to the wages of such mechanic, laborer, clerk, or other employee for 1 month. In no event shall such debt or claim exceed the sum of $50, though the wages for 1 month may be a greater sum. Notice of such claim or debt shall be given to the sheriff, constable, assignee, or other person who shall make or conduct the sale of property subject to the lien or preference hereby provided for.

(b) No lien of a judgment, recognizance, or mortgage shall operate to impair or postpone the lien or preference given and secured to debts or claims mentioned in subsection (a) of this section.
10 Del. C. § 7127 — Delaware Code / Title 10 / Chapter 71 / Section 7127
§ Â
        7127. Settlements.
Status: in_force

(a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once approved by the Court, shall be entered as an order of the Court. Any violation of such an order by the defendant shall be punishable as contempt as provided in this chapter.

(b) The Court, on application of a plaintiff may vacate a closing order issued pursuant to this chapter where the defendant has transferred title to the premises to the plaintiff, a government agency or any other neighborhood or community organization approved by the Court, provided that the recipient is a nonprofit incorporated organization or association which is exempt from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore, maintain, manage or operate by commercial or residential premises. In that event, the requirements for prerelease inspection set forth in § 7125 of this title shall not apply.
10 Del. C. § 2303 — Delaware Code / Title 10 / Chapter 23 / Section 2303
§ Â
        2303. Entry of judgments.
Status: in_force

(a) Whenever a judgment is entered or signed in the Superior Court (except judgments on verdict when entered before the end of the term next after that in which the verdict is given), the prothonotary shall set down on the docket the day, month, and year of actually entering or signing it. When entering the ascertained amount of a judgment given, “amount to be ascertained by the prothonotary, or other person,” the prothonotary shall in like manner set down the true date of the entry.

(b) The prothonotary, on entering a judgment on bond with warrant of attorney, or in taking a judgment by confession other than by virtue of such warrant, shall set down on the docket under such judgment, the precise hour and minute of the day when the same was entered or taken, and such judgment shall operate and take effect as liens, at and from the time so noted or entered on the record.
10 Del. C. § 7502 — Delaware Code / Title 10 / Chapter 75 / Section 7502
§ Â
        7502. Right of action by injured person; title of action.
Status: in_force

Every person injured by the breach of the condition of any public recognizance or bond may, in the name of the State, but for such person’s own use, institute an action upon such recognizance or bond, and prosecute the same to judgment and execution. Such person may employ an attorney of the court wherein the action is brought, who may, in the complaint and other pleadings, use his or her own name, instead of the name of the Attorney General.
10 Del. C. § 526 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 526
§ Â
        526. Office secretaries.
Status: in_force

Each Judge of the Superior Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render such Judge of the Superior Court such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Superior Court shall from time to time determine.
10 Del. C. § 7307 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7307
§ Â
        7307. Interrogatories to petitioner.
Status: in_force

Interrogatories may be proposed by any creditor to the petitioner, touching the causes of the petitioner’s insolvency, the ownership, disposal and state of any property, the time of contracting any debt, or of executing any security, deed, or other instrument, and the consideration thereof, and any other matter which the court deems a proper subject of such inquiry. The petitioner shall, upon the requirement of any creditor, fully and distinctly answer the interrogatories upon oath or affirmation. The petitioner’s answers, being reduced to writing, shall be signed by the petitioner.
10 Del. C. § 7352 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7352
§ Â
        7352. Hearing on petition; order for recognizance of.
Status: in_force

(a) If, upon the hearing of a petition filed under § 7351 of this title and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or the party’s attorney or agent, if there be such party, attorney or agent within the county, it shall appear that there is ground to apprehend that the petitioner or the petitioner’s family, in consequence of the petitioner’s imprisonment, will be chargeable to the county, the court shall order that the person at whose suit the petitioner is imprisoned, shall with sufficient surety enter into a recognizance to the State in the penal sum of $250, with condition to be void if the recognizor, the recognizor’s heirs, executors, or administrators, shall keep the county harmless and indemnified of and from all damages and charges in consequence of the imprisonment of the petitioner, either for the maintenance, or through the sickness, of the petitioner or the petitioner’s family. The order with the petition shall be filed in the office of the prothonotary in the county wherein the petitioner is imprisoned.

(b) If notice of such hearing cannot be given, by reason of the fact that the party, at whose suit the petitioner is imprisoned, resides out of the county, and has no attorney or agent therein, the same proceedings shall be had as if notice had been duly served.
10 Del. C. § 1316A — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1316A
§ Â
        1316A. Assignment of retired Commissioners to active duty.
Status: in_force

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

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

(2) Assents to such designation; and

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

(b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/260 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge.

(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose.
10 Del. C. § 7133 — Delaware Code / Title 10 / Chapter 71 / Section 7133
§ Â
        7133. Civil action for damages resulting from criminal nuisance.
Status: in_force

(a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superior Court against any person who knowingly conducted, maintained, aided, abetted or permitted criminal nuisance as defined in this chapter.

(b) In a civil action for damages pursuant to this section, the failure of an owner or landlord to initiate an eviction action against a tenant in accordance with the provisions of Chapter 57 of Title 25, if the owner or landlord has been notified by certified or registered mail of the tenant’s involvement in a criminal nuisance on the leased premises, shall be prima facie evidence that the owner knowingly gave permission to engage in conduct constituting the criminal nuisance.

(c) In a civil action for damages pursuant to this section, expert testimony may be used to determine the amount of any actual damage or loss incurred by reason of the criminal nuisance as defined in this chapter.

(d) Whenever an action for damages brought pursuant to this section terminated in a settlement or judgment favorable to the plaintiff, the plaintiff shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and all expenses and disbursements by the plaintiff in investigating, bringing and maintaining the action. All defendants shall be jointly and severally liable for the payments of taxed costs imposed pursuant to this section.

(e) In any civil action for damages brought pursuant to this section, any evidence admitted or admissible in a civil action for abatement relief or penalty pursuant to this chapter shall be admissible.
10 Del. C. § 1968 — Delaware Code / Title 10 / Chapter 19 / Subchapter IV / Section 1968
§ Â
        1968. Officer in charge; preparation.
Status: in_force

Whenever an order is made under this subchapter for the making of any index or indices, the officer in charge of the records for which such index or indices are to be made shall make or cause the same to be made, pursuant to the provisions of this subchapter and such order. The officer may procure all books necessary for such purpose, the cost of which shall be paid by the Levy Court of Kent County.
10 Del. C. § 2105 — Delaware Code / Title 10 / Chapter 21 / Section 2105
§ Â
        2105. Summoning jurors and witnesses.
Status: in_force

The sheriffs of the respective counties are required, as often as there may be occasion, to summon all inquests or jurors, which sheriffs ought to summon, and witnesses necessary for executing justice. For every neglect or default under this section, every sheriff shall be fined $50. The sheriff shall further be liable in damages to any party injured by such neglect or default. The sheriff shall collect no fees, costs or mileage fees from the office of the Attorney General for the service of subpoenas.
10 Del. C. § 2509 — Delaware Code / Title 10 / Chapter 25 / Section 2509
§ Â
        2509. Chief Register in Chancery; duties and power.
Status: in_force

(a) The Chief Register in Chancery is an employee of the Register in Chancery Office who shall be selected by the Court of Chancery to hold office at the pleasure of the Court. Subject to the supervision of the Court, the Chief Register shall serve as the Clerk of the Court of Chancery and be the administrative head of the Register of Chancery Office and its operations in each county. The Chief Register in Chancery may also appoint other deputies, employ others, issue process, and enter judgment, and do such other things as are according to law and the practice of the Court.

(b) The Chief Register in Chancery may delegate to the Registers in Chancery in each county and other employees of the Register in Chancery Office such duties as the Chief Register deems advisable.

(c) The Chief Register in Chancery shall appoint, with the concurrence of the Court, a Register in Chancery in each county who shall be an employee of the Register in Chancery Office and who shall serve at the pleasure of the Court. The Chief Register in Chancery shall also hire and be responsible for the ultimate supervision, discipline and discharge of the Registers in Chancery and the other employees of the Register in Chancery Office, subject to the provisions of the judicial personnel rules and, in the case of the Registers in Chancery only, approval of the Court.

(d) The Chief Register in Chancery shall furnish to the Board of Assessment or the Department of Finance in each county a report of the changes of ownership of real estate as shown by the records of the Register in Chancery Office. The report shall contain a short description of the property and the names of the persons from whom title was derived and in whom title is vested, as such information appears in the transfers of title.
10 Del. C. § 4101 — Delaware Code / Title 10 / Chapter 41 / Section 4101
§ Â
        4101. Amendment of writs and record.
Status: in_force

Writs of scire facias, of execution, and of error, may be amended. After judgment, the court before whom a record is, may order the amendment of any clerical error in any part of such record. When there is matter to amend, the court may order any amendment that will tend to the furtherance of justice.
10 Del. C. § 5066 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5066
§ Â
        5066. Title of purchaser.
Status: in_force

The person to whom any lands and tenements shall be sold, or delivered, under § 5065 of this title, and such person’s heirs and assigns, shall hold the same, with their appurtenances, for such estate, or estates, as they were sold, or delivered for, discharged from all equity or redemption, and all other incumbrances made and suffered by the mortgagor, the mortgagor’s heirs, or assigns; and such sale shall be available in law. Such sale, or delivery, shall not create any further term, or estate, to the vendees, mortgagees, or creditors, than the lands and tenements were mortgaged for.
10 Del. C. § 5092 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIV / Section 5092
§ Â
        5092. Death or escape of party arrested or imprisoned.
Status: in_force

If a person arrested, or imprisoned, by virtue of an execution, dies in execution, or escape, in either case the arrest, or imprisonment, shall be no satisfaction of the judgment, on which the execution is issued; and the execution shall be held to be in no part executed by such arrest, or imprisonment.
10 Del. C. § 4937 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4937
§ Â
        4937. Payment of medical and funeral expenses by sheriff.
Status: in_force

In case there has been no administration or letters testamentary granted on the estate of the deceased, any sheriff or constable selling the deceased person’s goods by virtue of any execution process, shall, before applying any proceeds of the sale towards satisfying any execution, pay in the order in which they stand, the bills mentioned in § 4936 of this title.
10 Del. C. § 6011 — Delaware Code / Title 10 / Chapter 60 / Section 6011
§ Â
        6011. Construction.
Status: in_force

This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or Delaware Constitution.
10 Del. C. § 4808 — Delaware Code / Title 10 / Chapter 48 / Section 4808
§ Â
        4808. Uniformity of interpretation.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
10 Del. C. § 2801 — Delaware Code / Title 10 / Chapter 28 / Section 2801
§ Â
        2801. Appointment.
Status: in_force

The Chief Magistrate of the Justice of the Peace Court system, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of justice of the peace constables as shall be necessary to handle all process of the justices of the peace appointed pursuant to Chapter 92 of this title.
10 Del. C. § 8143 — Delaware Code / Title 10 / Chapter 81 / Section 8143
§ Â
        8143. Limitations on civil actions for recovery for shoplifting.
Status: in_force

(a) (1) Before a civil action may be commenced, the merchants may send a notice to the defendant’s last known address requesting that the defendant or the parent/guardian of a minor if the defendant is a minor make payment of the sums listed in paragraph (a)(2) of this section within 20 days of the date of the letter. It is not a condition precedent to maintaining an action under this section that the defendant has been convicted of shoplifting or theft or that a police report has been filed.

(2) No civil action under this section may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a penalty in the amount of the retail value of the merchandise or $150, whichever is greater, within 20 days of the date of the initial demand letter. If the merchandise is recovered in merchantable condition, no civil action under this section may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise attempted to be taken or $150, whichever is greater, within 20 days of the date of the initial demand letter. Should the defendant fail to respond in a timely manner as described above, the merchant may request reasonable attorneys’ fees in addition to the amounts described above and shall be entitled to recover costs of suit and reasonable attorneys’ fees upon filing of an action.

(b) If the person to whom a written demand is made complies with such demand within 20 days of the date of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft.

(c) Parents or legal guardians of an unemancipated minor who triggers the liability portion of this section shall be jointly and severally liable civilly to the merchant. For purposes of this subsection, liability shall not be imposed upon any governmental entity or foster parents assigned responsibility for the minor child pursuant to a court order or action of any governmental agency.
10 Del. C. § 2004 — Delaware Code / Title 10 / Chapter 20 / Section 2004
§ Â
        2004. Authority of Chief Justice to declare a judicial emergency; contents of order; duration of order.
Status: in_force

(a) The Chief Justice shall, in consultation with those other members of the Supreme Court who are available, have the authority, by order, to declare a judicial emergency when the Chief Justice determines that there are emergency circumstances affecting 1 or more court facilities or the ability to staff 1 or more court facilities. This determination shall be based upon emergency circumstances, including but not limited to, terrorist events, enemy attack, sabotage, or other hostile action or from disease, fire, flood, earthquake, accident, or other natural or manmade causes resulting in the destruction of or severe damage to courthouses, the ability to access courthouses, or the ability to staff courts.

(b) The order declaring a judicial emergency shall specify:

(1) The court or courts and facilities affected by the order;

(2) The nature of the emergency necessitating the order;

(3) The time period or duration of the judicial emergency; and

(4) Any other information relevant to the suspension or restoration of court operations, such as relocation of the court to another county or extensions of deadlines.

(c) An order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for additional periods of 30 days each. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (b) of this section for the issuance of the initial order.
10 Del. C. § 504 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 504
§ Â
        504. Expenses of Court.
Status: in_force

All necessary expenses connected with the sitting of the Superior Court in any county, shall, upon approval thereof by a Judge of the Court, be paid by the State Treasurer.

The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Superior Court rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Superior Court, its Judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Director of the Office of Management and Budget and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of 3: 1 member to be designated by the State Director of the Office of Management and Budget, 1 member to be designated by the Levy Court or County Executive, and 1 member to be selected by the other 2 members.
10 Del. C. § 9631 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9631
§ Â
        9631. Mode of proceeding.
Status: in_force

The proceeding before justices of the peace in actions of replevin and detinue shall be by writ as provided in this subchapter.
10 Del. C. § 503 — Delaware Code / Title 10 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Salaries of Superior Court Judges.
Status: in_force

The President Judge and each Judge of the Superior Court shall receive such compensation as shall be provided by law.
10 Del. C. § 2108 — Delaware Code / Title 10 / Chapter 21 / Section 2108
§ Â
        2108. Entry of constableâs sales.
Status: in_force

The sheriff of each county shall, upon the receipt of an advertisement from any constable of the county, enter the time and place of such sale, the name of the defendant and constable.
10 Del. C. § 5905 — Delaware Code / Title 10 / Chapter 59 / Section 5905
§ Â
        5905. Costs.
Status: in_force

The costs of any proceeding under this chapter shall be paid by the petitioner.
10 Del. C. § 364 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 364
§ Â
        364. Removal of defendant from county after service of process.
Status: in_force

If a defendant shall remove from the county after being served with a summons, or other process, the case may proceed, and further process may be issued into any county.
10 Del. C. § 162 — Delaware Code / Title 10 / Chapter 1 / Subchapter IV / Section 162
§ Â
        162. Judgment docket; indices.
Status: in_force

Whenever a judgment is entered, or signed, in the Supreme Court, the Clerk of that Court shall set down on the docket thereof, the day, month and year of actually entering or signing it. The Clerk shall also keep 2 indices to his or her judgment docket, and make the entries therein, as required of the prothonotary in Chapter 23 of this title, under the penalties prescribed by Chapter 23 of this title, the provisions of which are, for this purpose, extended to the Clerk of the Supreme Court.
10 Del. C. § 7806 — Delaware Code / Title 10 / Chapter 78 / Section 7806
§ Â
        7806. Remedies.
Status: in_force

(a) In an action under this chapter, a prevailing plaintiff may recover all of the following:

(1) The greater of either of the following:

a. Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages.

b. Statutory damages not to exceed $10,000 against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this paragraph (a)(1)b., consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors.

(2) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image or deep fake.

(3) Punitive damages.

(b) In an action under this chapter, the court may award a prevailing plaintiff any of the following:

(1) Reasonable attorneys’ fees and costs.

(2) Additional relief, including injunctive relief.

(c) This chapter does not affect a right or remedy available under law of this State other than this chapter.
10 Del. C. § 4703 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4703
§ Â
        4703. Time entry of judgment upon verdict is effective.
Status: in_force

A judgment upon a verdict, if entered before the end of the term next after that in which it is given, shall be deemed to be entered at the same time as the verdict, and shall bind accordingly.
10 Del. C. § 6009 — Delaware Code / Title 10 / Chapter 60 / Section 6009
§ Â
        6009. Appeal.
Status: in_force

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 6003 of this title. The appeal must be filed not later than 10 days after entry of the order.
10 Del. C. § 5081 — Delaware Code / Title 10 / Chapter 49 / Subchapter XIII / Section 5081
§ Â
        5081. Time of binding of goods and chattels by execution; duration of lien.
Status: in_force

An execution shall not bind goods and chattels until it is delivered to the sheriff or other proper officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant within the bailiwick, which shall be actually levied upon within 60 days thereafter. No levy upon goods and chattels, made by virtue of execution process, shall be of any force or effect as against a subsequent execution levied upon the same goods and chattels for a longer period than 3 years from the making of such first mentioned levy.
10 Del. C. § 903 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 903
§ Â
        903. Court of record; name; subtitles.
Status: in_force

This Court shall be a court of record and shall be known as “the Family Court of the State of Delaware.” It may be briefly cited as “the Family Court.” Its offices, forms, and processes in New Castle County shall be subtitled “for New Castle County,” in Kent County “for Kent County,” and in Sussex County “for Sussex County.”
10 Del. C. § 1304 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1304
§ Â
        1304. Quorum.
Status: in_force

One Judge shall constitute a quorum and may open and adjourn any session of the Court.
10 Del. C. § 1049G — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049G
§ Â
        1049G. Short title.
Status: in_force

This part may be cited as the “Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.”
10 Del. C. § 1973 — Delaware Code / Title 10 / Chapter 19 / Subchapter V / Section 1973
§ Â
        1973. Revision of indices.
Status: in_force

Whenever the index or indices of any record of the office of the Register of Wills of New Castle County, or of any record of the office of the Recorder of such County, or of any record of the Court of Chancery in and for such County, needs renewing, revising, altering or recopying, or any of such records not being sufficiently indexed are in need of a new or better system of ascertaining its contents, or needs renewing for purposes of preservation, the Superior Court in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Register of Wills or Recorder; the Court of Chancery in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Court of Chancery.
10 Del. C. § 3506 — Delaware Code / Title 10 / Chapter 35 / Section 3506
§ Â
        3506. Foreign attachment against individuals.
Status: in_force

A writ of foreign attachment may issue against any individual not an inhabitant of this State on any cause of action after proof satisfactory to the court that the defendant cannot be found, that the defendant resides out of the State, and that plaintiff has a good cause of action against the defendant in a sum exceeding $50.
10 Del. C. § 1966 — Delaware Code / Title 10 / Chapter 19 / Subchapter IV / Section 1966
§ Â
        1966. Revision of indices.
Status: in_force

Whenever the index or indices of any record of the office of the Register of Wills of Kent County, or of any record of the office of the Recorder of such County, or of any record of the Court of Chancery in and for such County, needs renewing, revising, altering or recopying, or any of such records not being sufficiently indexed are in need of a new or better system of ascertaining its contents, or needs renewing for purposes of preservation, the Superior Court in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Register of Wills or Recorder; the Court of Chancery in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Court of Chancery.
10 Del. C. § 9550 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9550
§ Â
        9550. Proceeding by garnishee charging collusion.
Status: in_force

(a) Any person summoned to answer under an execution attachment as a garnishee of another, to whom such person is indebted in a sum exceeding the amount cognizable before a justice of the peace, or any creditor of such garnishee, may, with the answer or plea admitting or denying such indebtedness, require the justice of the peace to enter upon his or her docket a plea that such attachment process has been taken against such garnishee by collusion between the plaintiff and the defendant in the judgment upon which such execution attachment is or shall be issued, and for a claim not actually due from such defendant, or confessed, contracted, incurred, or made for the occasion, or upon a judgment upon a claim, or for a debt made by dividing or splitting up a claim or debt not primarily cognizable by reason of its amount before a justice of the peace, for the purpose of bringing the same under or within the jurisdiction of a justice or justices of the peace.

(b) Upon such plea, as well as upon any plea of “nulla bona” entered in the cause, the justice shall enter an issue or issues, which shall be tried and determined as other cases cognizable before the justice.

(c) If either of the issues is found for the defendant, the garnishee judgment shall be entered against the attaching creditor for the costs, otherwise, it shall be entered as in other cases.

(d) Nothing in this section shall prevent the giving of a credit upon a claim, so as to reduce it to a sum within the jurisdiction of a justice of the peace.
10 Del. C. § 530 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 530
§ Â
        530. Budgetary powers of Supreme Court.
Status: in_force

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.
10 Del. C. § 9614 — Delaware Code / Title 10 / Chapter 95 / Subchapter III / Section 9614
§ Â
        9614. Right to appeal.
Status: in_force

In all cases of trespass, there shall be the same right of appeal to the Court of Common Pleas as in other civil actions.
10 Del. C. § 1924 — Delaware Code / Title 10 / Chapter 19 / Subchapter I-A / Section 1924
§ Â
        1924. Procedure for completing a written request.
Status: in_force

(a) Requirement that a judicial officer make a written request. —

No government agency or person shall be found to have violated any provision of this subchapter if the judicial officer has not submitted a written request calling for the protection of the judicial officer’s personal information.

(b) Written request procedure. —

A written request shall be valid if 1 of the following occurs:

(1) The judicial officer sends a written request directly to a government agency or person.

(2) The Administrative Office of the Courts develops a policy and procedure for a judicial officer to file the written request with the Administrative Office of the Courts to notify government agencies, and a judicial officer sends a written request to the Administrative Office of the Courts.

(c) In each quarter of a calendar year, the Administrative Office of the Courts shall provide a list of all judicial officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy of the list to all government agencies under the officer’s supervision. Receipt of the written request list compiled by the Administrative Office of the Courts by a government agency shall constitute a written request to that agency for the purposes of this subchapter.

(d) A representative from the judicial officer may submit a written request on the judicial officer’s behalf, provided that the judicial officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. The representative shall submit the written request as provided in subsection (b) of this section.

(e) Information to be included in the written request. —

(1) A judicial officer’s written request shall specify what personal information shall be maintained private.

(2) If a judicial officer wishes to identify a secondary residence as a home address as that term is defined in this subchapter, the designation shall be made in the written request.

(3) A judicial officer shall disclose the identity of the judicial officer’s family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the judicial officer.

(f) Duration of the written request. —

A judicial officer’s written request is valid until the judicial officer provides the government agency, person, business, or association with written permission to release the private information. A judicial officer’s written request expires on death.
10 Del. C. § 6909 — Delaware Code / Title 10 / Chapter 69 / Section 6909
§ Â
        6909. Discharge generally; defects in commitment.
Status: in_force

(a) If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or otherwise granting relief to the prisoner may be appealed by the State to the Delaware Supreme Court.

(b) No person shall be discharged for a mere defect in the commitment, if the evidence before the court or judge is sufficient to require that he or she should be committed, or bound for his or her appearance. In such case the committing magistrate shall be summoned, proper witnesses examined, and the accused committed properly.
10 Del. C. § 3724 — Delaware Code / Title 10 / Chapter 37 / Subchapter II / Section 3724
§ Â
        3724. Action for wrongful death.
Status: in_force

(a) An action under this subchapter shall be for the benefit of the spouse, parent, child and siblings of the deceased person.

(b) If there are no persons who qualify under subsection (a) of this section, an action shall be for the benefit of any person related to the deceased person by blood or marriage.

(c) In an action under this subchapter, damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death. The amount recovered shall be divided among the beneficiaries in shares directed by the verdict.

(d) In fixing the amount of damages to be awarded under this subchapter, the court or jury shall consider all the facts and circumstances and from them fix the award at such sum as will fairly compensate for the injury resulting from the death. In determining the amount of the award the court or jury may consider the following:

(1) Deprivation of the expectation of pecuniary benefits to the beneficiary or beneficiaries that would have resulted from the continued life of the deceased;

(2) Loss of contributions for support;

(3) Loss of parental, marital and household services, including the reasonable cost of providing for the care of minor children;

(4) Reasonable funeral expenses not to exceed $7,000, or the amount designated in § 5546(a) of Title 29, whichever is greater;

(5) Mental anguish resulting from such death to the surviving spouse and next-of-kin of such deceased person. However, when mental anguish is claimed as a measure of damages under this subchapter, such claim for mental anguish will be applicable only to the surviving spouse, children and persons to whom the deceased stood in loco parentis at the time of the injury which caused the death of the deceased, parents and persons standing in loco parentis to the deceased at the time of the injury which caused the death of the deceased (if there is no surviving spouse, children or persons to whom the deceased stood in loco parentis), and siblings (if there is no surviving spouse, children, persons to whom the deceased stood in loco parentis at the time of the injury, parents or persons standing in loco parentis to the deceased at the time of the injury which caused the death of the deceased).

(6) In any action for wrongful death, punitive damages may be awarded only if it is found that the death was maliciously intended or was the result of reckless, wilful or wanton misconduct by the tortfeasor and may be awarded only if separately awarded by the trier of fact in a separate finding from any finding of compensatory damages which separate finding shall also state the amounts being awarded for each such category of damages.

(e) Only 1 action under the subchapter lies in respect to the death of a person.

(f) For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the other parent only if the father:

(1) Has been judicially determined to be the father; or

(2) Prior to the death of the child:

a. Has acknowledged himself, in writing, to be the father; or

b. Has openly and notoriously recognized the person to be his child; or

c. Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father.
10 Del. C. § 5359 — Delaware Code / Title 10 / Chapter 53A / Section 5359
§ Â
        5359. Effective date.
Status: in_force

This chapter takes effect upon enactment [July 2, 2010].
10 Del. C. § 326 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 326
§ Â
        326. Bailiffs, criers and pages; compensation; duties.
Status: in_force

The Chancellor may appoint and remove at pleasure such number of bailiffs, criers and pages as shall be necessary for the proper operation of the Court, not to exceed 1 bailiff, 1 crier and 1 page in each of the several counties. They shall receive such compensation as the Chancellor shall from time to time determine. They shall perform such duties and have such powers in connection with attendance upon the Court of Chancery as the Chancellor may from time to time prescribe.
10 Del. C. § 9587 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9587
§ Â
        9587. Process to compel appearance of garnishee.
Status: in_force

The form of process to be used for compelling the appearance of a garnishee shall be as follows:

“ County, ss. The State of Delaware,

To any constable, greeting:

We command you to bring A. B. forthwith before C. D., one of our justices of the peace, at said justice’s office in to answer to E. F. as garnishee of G. H., and have you there this warrant.
10 Del. C. § 7003 — Delaware Code / Title 10 / Chapter 70 / Section 7003
§ Â
        7003. Definitions.
Status: in_force

When used in this chapter:

(1) “Conviction” means as defined under § 222 of Title 11. “Conviction” also includes a case in which a person is adjudicated delinquent under § 1002 of this title.

(2) “Defendant” means a defendant in a criminal case or a respondent in a juvenile delinquency case.

(3) “Heirs” means the executor or administrator of a decedent’s estate, the decedent’s personal representatives, or both.

(4) “Incarceration,” in addition to its ordinary meaning, means any of the following:

a. Imprisonment in a Department of Correction facility.

b. Involuntary confinement in the Delaware Psychiatric Center.

c. Placement in the custody of the Department of Services for Children, Youth and Their Families.

d. Pretrial detention.

(5) “Petitioner” means the individual claiming wrongful conviction and, if that individual is deceased, the individual’s heirs. In petitions brought by heirs, the term “petitioner” also means the deceased individual who claimed wrongful conviction where it is used to describe the petitioner’s prosecution, the petitioner’s conviction, the petitioner’s sentence, settlements by and civil awards to the petitioner, and the petitioner’s costs for reintegrative services, mental health care, or physical health care.
10 Del. C. § 568 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 568
§ Â
        568. Security of appeals.
Status: in_force

(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.

(b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, interest thereon and the costs of the appeal.

(c) The bond or any other security required under this section need not be given by:

(1) The State or any political subdivision thereof, authorized to sue or be sued;

(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his or her representative capacity as such officer or employee; or

(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.
10 Del. C. § 9533 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9533
§ Â
        9533. Failure to appear; penalty.
Status: in_force

If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in addition, be required to pay any additional court cost created by the witness’ nonappearance.
10 Del. C. § 5011 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5011
§ Â
        5011. Awarding of writ.
Status: in_force

(a) If lands and tenements are sold by order of the Court of Chancery, or by virtue of execution process, and the defendant, or 1 or more defendants, or any person holding as tenant under such defendant, or defendants, by lease, or contract, posterior to such order, or to the date of the judgment whereon such execution was issued, is in possession of the premises sold; or if such defendant, or defendants, have died in possession of the premises sold within 1 year next preceding the day of sale, and the person in possession either has come into possession after such defendant, or defendants, and by means of his or her or their possession, or holds under, or through a person so coming into possession, the purchaser may have a writ of possession awarded, pursuant to such sale.

(b) In the event of a judicial sale at law or equity under and by virtue of the foreclosure of any mortgage, or execution upon a mechanic’s lien, the purchaser at the judicial sale may have a writ of possession awarded against any person in possession of the real estate so sold, provided the rights of such person in possession arose posterior to the date of the mortgage, or the effective date of the mechanic’s lien.
10 Del. C. § 8145 — Delaware Code / Title 10 / Chapter 81 / Section 8145
§ Â
        8145. Civil suits for damages based upon sexual abuse of a minor by an adult.
Status: in_force

(a) A cause of action based upon the sexual abuse of a minor by an adult may be filed in the Superior Court of this State at any time following the commission of the act or acts that constituted the sexual abuse. A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that would constitute a criminal offense under the Delaware Code.

(b) For a period of 2 years following July 9, 2007, victims of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations, shall be permitted to file those claims in the Superior Court of this State. If the person committing the act of sexual abuse against a minor was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owned a duty of care to the victim, or the accused and the minor were engaged in some activity over which the legal entity had some degree of responsibility or control, damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.

(c) A person against whom a suit is filed may recover attorneys’ fees where the Court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the accused shall not be the sole basis for a determination that an accusation was false. The Court must make an independent finding of an improper motive to award attorneys’ fees under this section.
10 Del. C. § 4908 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4908
§ Â
        4908. Authority to administer oaths.
Status: in_force

The officer making the sale, and serving the notices required, shall administer the oath required by this subchapter.
10 Del. C. § 2322 — Delaware Code / Title 10 / Chapter 23 / Section 2322
§ Â
        2322. Appointment of fence viewers.
Status: in_force

The prothonotary shall issue a warrant, under his or her hand and official seal, to each of the fence viewers of the prothonotary’s county, and notify the public of their appointment by as many advertisements, signed by the prothonotary and posted in each hundred, as there are viewers therein.
10 Del. C. § 1327 — Delaware Code / Title 10 / Chapter 13 / Subchapter III / Section 1327
§ Â
        1327. Civil trial without jury or referees.
Status: in_force

All civil cases shall be tried by the Court without a jury or referees.
10 Del. C. § 8105 — Delaware Code / Title 10 / Chapter 81 / Section 8105
§ Â
        8105. Escheatorâs bond.
Status: in_force

No action shall be brought upon the official obligation of an escheator, against either the principal or sureties, after 7 years from the expiration of the escheator’s term of office.
10 Del. C. § 3701 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3701
§ Â
        3701. Causes of action generally.
Status: in_force

All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued. Accordingly, all actions, so surviving, may be instituted or prosecuted by or against the executors or administrators of the person to or against whom the cause of action accrued. This section shall not affect the survivorship among the original parties to a joint cause of action.
10 Del. C. § 4516 — Delaware Code / Title 10 / Chapter 45 / Section 4516
§ Â
        4516. Failure to perform jury service.
Status: in_force

A person who fails to appear and show cause as ordered by the Court for failure to comply with the clerk’s direction to appear for the purpose of completing a juror qualification form or for failure to comply with a summons to appear for jury service or to complete jury service is guilty of criminal contempt and upon conviction may be fined not more than $100 or imprisoned not more than 3 days, or both.
10 Del. C. § 1013 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1013
§ Â
        1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.
Status: in_force

Any individual who receives a Delaware gubernatorial pardon shall, as an effect of said pardon, automatically have that individual’s juvenile record, if any, expunged.
10 Del. C. § 1061 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1061
§ Â
        1061. Examination; treatment; payment.
Status: in_force

(a) The Court may order any person within its jurisdiction examined by a licensed practitioner in the appropriate field, and if the examiner shall certify that treatment would be in the interest of the examined person and the public, order such treatment.

(b) The Court may, after a reasonable opportunity to be heard, order the examined person, or the person legally liable for the person’s support, to repay the Court for its outlay on the person’s behalf, such sum, in such manner, within the person’s ability, as the Court determines.
10 Del. C. § 5032 — Delaware Code / Title 10 / Chapter 49 / Subchapter VIII / Section 5032
§ Â
        5032. Answer by garnishee.
Status: in_force

The answer of a garnishee in any execution attachment, at the option of the plaintiff therein, may be taken by affidavit before any person legally authorized to administer oaths. When so taken and filed with the writ of attachment it shall be docketed in the same manner and have the same effect as if taken in open court. The garnishee’s mileage, in such cases, shall be counted from the garnishee’s residence to the office of the person taking the garnishee’s affidavit, and endorsed thereon.
10 Del. C. § 1311 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1311
§ Â
        1311. Appointment of Clerks and other officers; terms.
Status: in_force

(a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible to the Chief Judge for the administration of all nonjudicial activity in the Court. In addition, the Chief Judge shall appoint a competent person from each county as Deputy Clerk for the Court in that county and such other officers and employees deemed necessary to perform the business of the Court.

(b) The Clerks, other officers and employees shall hold office at the pleasure of the Court.
10 Del. C. § 5721 — Delaware Code / Title 10 / Chapter 57 / Section 5721
§ Â
        5721. Short title.
Status: in_force

This chapter may be cited as the “Delaware Uniform Arbitration Act.”
10 Del. C. § 1016 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1016
§ Â
        1016. Definitions applicable to juvenile expungements.
Status: repealed

For purposes of juvenile expungement, unless the context otherwise requires:

(1) “Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or trial.

(2) “Adult conviction” means a finding of guilt or nolo contendere entered by a court for a charge or charges following a plea or trial. Only offenses, whether set forth in Delaware law or regulation or any municipal code, ordinance, or regulation, for which a period of incarceration may be imposed shall be considered an adult conviction for purposes of a juvenile expungement.

(3) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.

(4) “Felony sex offense” means a delinquent act constituting any felony offense listed in § 4121(a)(4) of Title 11.

(5) “Misdemeanor sex offense” means a delinquent act constituting any misdemeanor offense listed in § 4121(a)(4) of Title 11.

(6) “Terminated in favor of the child” means 1 of the following occurs:

a. The child is acquitted of all charges related to the case.

b. A nolle prosequi is entered on all charges related to the case.

c. The charges have been otherwise dismissed for any reason, including dismissals following successful completion of arbitration, probation before adjudication of delinquency, or any court-approved diversion program.

d. The child is arrested for the commission of 1 or more crimes and no charges related to the matter for which the child was arrested are filed in a court within 1 year of the arrest.

e. A charge or case is 7 or more years old and there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending. This paragraph (6)e. does not apply if there is an active warrant in the case, if there is a documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the child.

(7) “Violent felony” means a delinquent act constituting any offense listed in § 4201 of Title 11.

(8) [Repealed.]
10 Del. C. § 5117 — Delaware Code / Title 10 / Chapter 51 / Section 5117
§ Â
        5117. Parentage proceedings.
Status: in_force

The costs of proceedings in parentage cases shall be paid by the father, if the paternity is established; otherwise by the county.
10 Del. C. § 925 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 925
§ Â
        925. General jurisdiction.
Status: repealed

The Court and each Judge shall have authority to:

(1) Conserve the peace;

(2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material witnesses and impose conditions as set forth in § 1021 of this title;

(3) Determine and punish civil and criminal contempt;

(4) Issue process for the exercise of its jurisdiction and require service thereof under pain of contempt;

(5) Receive, hear, and make recommendations concerning matters assigned to it by any state or municipal court. Such recommendations shall be certified to the assigning court;

(6) Transfer for good cause any proceeding from the Court in 1 county to the Court in any other county;

(7) Enter, proceed on, and satisfy in the name of the State any forfeited bond, provided however, that 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;

(8) Sit separately or jointly with any or all other Judges;

(9) Hear, determine, render, and enforce judgment in any proceeding before the Court;

(10) Assess fees, costs, and fines; or remit them in proper cases;

(11) After due notice to interested parties, review, revise, or revoke any prior order of the Court with reference to the custody, control, care, support or visitation of any person, or in any proceeding where failure to do so would result in manifest injustice;

(12) Punish for contempt any person who, in order to evade the Court’s jurisdiction, removed from the State any child concerning whose possession, custody, or alleged unlawful detention, a writ of habeas corpus or other proceeding has been filed;

(13) Administer oaths and take acknowledgments;

(14) Appoint guardians ad litem;

(15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. When a Family Court order, excluding stipulations, relates to the awarding of custody, a police officer has the authority to enter private property to enforce such order when such order requests the assistance of a police officer;

(16) Appoint guardians of the person over minors under 18 years of age;

(17) Appoint attorneys and/or Court-Appointed Special Advocates to serve as guardians ad litem to represent the best interests of a child in any child welfare proceeding;

(18) Determine and enter disposition for alleged violations of probation by juveniles in accordance with the procedures established at § 4334 of Title 11. The term Commissioner or any probation counselor as used in § 4334 of Title 11 shall include the appropriate member of the Department of Services for Children, Youth and Their Families;

(19) Decide appeals from administrative hearings of substantiated cases of abuse or neglect made pursuant to § 902A(d) of Title 16 [repealed], and to decide appeals made pursuant to § 902A(g) of Title 16 [repealed] for orders of administrative expungement of substantiation for the purpose of no longer reporting an individual’s name pursuant to § 8563(b) of Title 11;

(20) In a civil proceeding involving the welfare of a minor child or the safety of a party, require any party or any other resident of the party’s household or other person with regular direct access to the child, to submit to a state and federal background check.

a. The background check shall consist of:

1. A report of the individual’s entire criminal history record from the Delaware State Police or a statement from the Delaware State Police that the State Police Central Repository contains no such information relating to that person.

2. A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The Division of State Police shall be the intermediary for the purposes of this paragraph.

3. A certification from the Department of Services for Children, Youth and Their Families as to whether the individual is named in the Central Register as the perpetrator of a report of child abuse.

b. Costs associated with obtaining said criminal history information and child abuse registry information shall be borne by the State.

c. The Court at any stage in the proceeding may take judicial notice of any report, record or certification described in this paragraph (20).
10 Del. C. § 4302 — Delaware Code / Title 10 / Chapter 43 / Subchapter I / Section 4302
§ Â
        4302. Competency to testify.
Status: in_force

No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand the obligation of an oath. Such child’s age and degree of understanding of the obligation of an oath may be considered by the trier of fact in judging the child’s credibility.
10 Del. C. § 4001 — Delaware Code / Title 10 / Chapter 40 / Subchapter I / Section 4001
§ Â
        4001. Limitation on civil liability.
Status: in_force

Except as otherwise provided by the Constitutions or laws of the United States or of the State of Delaware, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against the State or any public officer or employee, including the members of any board, commission, conservation district or agency of the State, whether elected or appointed, and whether now or previously serving as such, in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present:

(1) The act or omission complained of arose out of and in connection with the performance of an official duty requiring a determination of policy, the interpretation or enforcement of statutes, rules or regulations, the granting or withholding of publicly created or regulated entitlement or privilege or any other official duty involving the exercise of discretion on the part of the public officer, employee or member, or anyone over whom the public officer, employee or member shall have supervisory authority;

(2) The act or omission complained of was done in good faith and in the belief that the public interest would best be served thereby; and

(3) The act or omission complained of was done without gross or wanton negligence;

provided that the immunity of judges, the Attorney General and Deputy Attorneys General, and members of the General Assembly shall, as to all civil claims or causes of action founded upon an act or omission arising out of the performance of an official duty, be absolute; provided further that in any civil action or proceeding against the State or a public officer, employee or member of the State, the plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this section.
10 Del. C. § 1902 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1902
§ Â
        1902. Removal of actions from courts lacking jurisdiction.
Status: in_force

No civil action, suit or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original proceeding or on appeal. Such proceeding may be transferred to an appropriate court for hearing and determination, provided that the party otherwise adversely affected, within 60 days after the order denying the jurisdiction of the first court has become final, files in that court a written election of transfer, discharges all costs accrued in the first court, and makes the usual deposit for costs in the second court. All or part of the papers filed, or copies thereof, and a transcript of the entries, in the court where the proceeding was originally instituted shall be delivered in accordance with the rules or special orders of such court, by the prothonotary, clerk, or register of that court to the prothonotary, clerk or register of the court to which the proceeding is transferred. The latter court shall thereupon entertain such applications in the proceeding as conform to law and to the rules and practice of such court, and may by rule or special order provide for amendments in pleadings and for all other matters concerning the course of procedure for hearing and determining the cause as justice may require. For the purpose of laches or of any statute of limitations, the time of bringing the proceeding shall be deemed to be the time when it was brought in the first court. This section shall be liberally construed to permit and facilitate transfers of proceedings between the courts of this State in the interests of justice.
10 Del. C. § 1049A — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049A
§ Â
        1049A. Definitions.
Status: in_force

In this part:

(1) “Court” means the Family Court of the State of Delaware.

(2) “Foreign protection order” means a protection order issued by a tribunal of another state.

(3) “Issuing state” means the state whose tribunal issues a protection order.

(4) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both protected individuals seeking enforcement of the order and the respondents.

(5) “Protected individual” means an individual protected by a protection order.

(6) “Protection order” means an injunction or other order issued by a tribunal under the domestic violence or family violence laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual. The term includes an injunction or other order issued under the antistalking laws of the issuing state.

(7) “Respondent” means the individual against whom enforcement of a protection order is sought.

(8) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.

(9) “Tribunal” means a court, agency or other entity authorized by law to issue or modify a protection order.
10 Del. C. § 5112 — Delaware Code / Title 10 / Chapter 51 / Section 5112
§ Â
        5112. Bill of costs, time for entry upon docket.
Status: in_force

Within 20 days after the rendering of judgment or other determination of any cause or action in the Supreme Court, Superior Court, or Court of Chancery, the clerk, prothonotary, or register of the court shall enter upon the docket of such cause, action, or prosecution, or in a separate fee book kept for that purpose, a full bill of the costs therein, setting forth distinctly each item of the fees of every officer and person, so far as the same are known to him or her or he or she has in his or her office the means of ascertaining the same.
10 Del. C. § 1969 — Delaware Code / Title 10 / Chapter 19 / Subchapter IV / Section 1969
§ Â
        1969. Appointment of commissioners to examine new indices.
Status: in_force

Whenever it is directed that any index or indices shall be made as provided in this subchapter, the Judges of the Superior Court of the State in and for Kent County shall appoint 2 commissioners. The commissioners shall examine such index or indices, and, if they approve of the execution and exactness thereof, they shall certify the same to be a true and correct index or indices. After such certification, the index or indices shall become and be the index or indices of Kent County in lieu of those theretofore in use.
10 Del. C. § 9526 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9526
§ Â
        9526. Time for hearing.
Status: in_force

In an action under this subchapter, the time appointed in the summons for the defendant’s appearance shall be the day for hearing the cause.
10 Del. C. § 102 — Delaware Code / Title 10 / Chapter 1 / Subchapter I / Section 102
§ Â
        102. Offices for the Justices.
Status: in_force

The Supreme Court may obtain such office space for each of the Justices thereof as shall be necessary and appropriate to permit the Justices to properly carry out their duties. The offices of the respective Justices need not be in Dover and may be in the counties where the Justices, respectively, reside. Bills for such office rent shall be paid by the State Treasurer when approved in writing by any Justice of the Court.
10 Del. C. § 3108 — Delaware Code / Title 10 / Chapter 31 / Section 3108
§ Â
        3108. Prerequisites for issuance of capias ad respondendum.
Status: in_force

(a) No writ of capias ad respondendum shall be issued against any citizen of this State, in any civil action, unless the plaintiff therein, or if there be more than 1, some 1 or more of the plaintiffs, has made a written affidavit, and filed the same in the office of the prothonotary of the Superior Court of the county out of which the writ is to issue, stating that, to the best of his or her belief, the defendant has absconded, or is about to abscond from the place of the defendant’s usual abode; or that the defendant is justly indebted to the plaintiff, in a sum exceeding $50, and that he or she verily believes the defendant has secreted, conveyed away, assigned, settled or disposed of, either money, goods, chattels, stock, securities for money, or other personal estate or real estate of the value of more than $100, with intent to defraud his or her creditors, and shall, moreover, in such affidavit, specify and set forth the supposed fraudulent transactions. This section shall not apply where the action is for libel, slander or injury to the person or property, accompanied by violence, if any affidavit of the cause of action is filed with the praecipe.

(b) The Superior Court, upon the petition of any person arrested and upon reasonable notice in writing to the party in whose favor the process issued, or such party’s attorney or agent, shall investigate the allegations contained in any affidavit made and filed under this section, that the defendant has absconded or is about to abscond from the place of his or her usual abode, and the allegations and specifications of fraud contained in such affidavit. If, upon such investigation, the Court or Judge considers that there was not or is not sufficient cause for the arrest, the person arrested shall be discharged, and the plaintiff shall pay the costs. The Court or Judge may make and enforce all necessary and proper orders in the premises.
10 Del. C. § 1019 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1019
§ Â
        1019. Effect of expungement; disclosure of expunged records.
Status: in_force

(a) The Court shall notify the State Bureau of Identification (Bureau) of any expungement order. If an order expunging part or all of a juvenile criminal history is granted by the court, all indicia of arrest, including police and court records and any electronic records relating to the arrest, and any other items specified in the order shall, within 60 days of receipt of the order, be removed from the files and placed in the control of the Supervisor of the State Bureau of Identification who shall be designated to retain control over all expunged records, and who shall insure that the records or the information contained therein is not released for any reason except as specified in this subchapter. A court or police agency that receives a notice of expungement from the State Bureau of Identification shall provide the Bureau with written confirmation of the completion of the expungement. The State Bureau of Identification shall provide the court that entered the order with written confirmation of the execution of the order. In response to requests from nonlaw-enforcement officers for information or records on the person who was arrested, law-enforcement officers and departments shall reply, with respect to the arrest and proceedings which are the subject of the order, that there is no record. No order requiring an expungement of any record shall be entered or enforced if such order is contrary to the provisions of this subchapter. The State Bureau of Identification shall promptly notify the court if it is unable to comply with any order issued pursuant to this subchapter.

(b) A felony adjudication expunged pursuant to this section shall cease to be the basis for a person prohibited pursuant to § 1448(a)(4) of Title 11.

(c) An offense for which the juvenile criminal history and indicia of arrest has been expunged pursuant to this subchapter does not have to be disclosed as an arrest by the petitioner for any reason.

(d) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged. In addition to such other lawful purposes as may be prescribed by statute or otherwise, criminal justice agencies shall have access to records of expunged probations before adjudication of delinquency, arbitration and past participation in the First Offenders Controlled Substance Diversion Program or a court-supervised drug diversion program for the purpose of determining whether a person is eligible for a probation before judgment, or probation before adjudication of delinquency as set forth in § 1009A of this title and § 4218 of Title 11, or for participation in the First Offenders Controlled Substance Diversion Program, as set forth in § 4767 of Title 16, or for participation in a court-supervised drug diversion program.

(e) Where disclosure to law-enforcement officers is permitted by subsection (d) of this section, such disclosure shall apply for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect and the crime being investigated is a felony, or pursuant to an investigation of an employment application as an employee of a law-enforcement agency.

(f) Nothing contained in this section shall require the destruction of photographs or fingerprints taken in connection with any arrest and which are utilized solely by law-enforcement officers in the lawful performance of their duties in investigating criminal activity.

(g) Nothing herein shall require the destruction of court records or records of the Department of Justice. However, all such records, including docket books, relating to a charge which has been the subject of an expungement order shall be handled and stored so as to ensure that they are not open to public inspection or disclosure.

(h) Any person who violates subsection (a) of this section shall be guilty of a class B misdemeanor.

(i) For a period of 3 years following the date the court grants a petition for expungement, the State Bureau of Identification shall make available to criminal justice agencies such electronic records as will enable criminal justice agencies to determine whether a child or person who seeks to participate in arbitration, a court-supervised diversion program, or probation before adjudication of delinquency, or probation before judgment, has done so before and had their record expunged.

(j) (1) If the State Bureau of Identification determines that expungement is mandated under this subchapter, or receives an expungement order from a court, it shall promptly notify all courts and law-enforcement agencies where records pertaining to the case are located or maintained, and any court where the case was terminated, disposed of, or concluded.

(2) A court or law-enforcement agency which receives a notice of expungement from the Bureau shall provide the Bureau with written confirmation of the completion of the expungement. Where an expungement of an adjudication of delinquency is granted, all arrest records associated with any charge in that case must also be expunged.
10 Del. C. § 1006 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1006
§ Â
        1006. Process; service; return; interim order; investigation.
Status: in_force

(a) Following commencement of any action concerning a child, the child and the child’s custodian shall be brought into the Court by summons or other process. If no custodian can be located, the child’s guardian, or some suitable person (preferably a near relative) appointed by the Court to act in behalf of the child shall be notified to appear.

(b) A summons or other process of the Court may be served by any probation officer, sheriff, county, town, or city constable or police officer within the officer’s or constable’s jurisdiction, either by reading the same to the person to be served, or by delivering a copy thereof to the person or by leaving a copy thereof at the person’s usual place of abode in the presence of an adult person.

(c) The return of such summons or other process with the indorsement of service by the serving officer in accordance herewith shall be sufficient proof thereof.

(d) Where no custodian or interested close relative can be located, the Court may make such interim order as the interest of the child may require.

(e) In delinquency proceedings after the child has been adjudged delinquent and at any time in all other proceedings concerning a child the Court may accept a study relating to the child previously made by any recognized welfare agency, or may order a study made.
10 Del. C. § 4977 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4977
§ Â
        4977. Granteeâs title.
Status: in_force

The grantee in any deed, executed under § 4976 of this title, shall hold the premises therein conveyed, with all their appurtenances, as fully and amply, and for such estate and estates, and under such rents and services, as the person or persons, for whose debt, or duty, the property is sold, might, or could, do at or before the taking thereof in execution.
10 Del. C. § 1308 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1308
§ Â
        1308. Disposition of money.
Status: in_force

(a) The fees, fines and costs received by the Court shall be paid to the State Treasurer, except as otherwise provided by subsection (b) of this section.

(b) All sheriff’s costs and fees collected by the Court, including those specified in §§ 8702 and 2112 of this title, shall, at the conclusion of each case, be paid to the county treasurer or Department of Finance for the county of which the sheriff who has rendered the service is an officer, for distribution to the sheriff upon presentation of an itemized and verified account, in accordance with the procedures set forth in § 2112 of this title.
10 Del. C. § 327 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 327
§ Â
        327. Certification of appointments.
Status: in_force

The Chancellor shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized under the provisions of this chapter, the several dates of their appointments, and the monthly compensation to be paid to them.
10 Del. C. § 2003 — Delaware Code / Title 10 / Chapter 20 / Section 2003
§ Â
        2003. Definitions.
Status: in_force

As used in this chapter:

(1) “Affected court facility” means any court facility for which the Chief Justice has made a determination that emergency sessions shall be conducted outside the county in which it normally operates.

(2) “Chief Justice” means the Chief Justice of the Delaware Supreme Court or, in the absence of the Chief Justice, the justice who is designated in accordance with article IV, § 13 of the Delaware Constitution or, if applicable, by § 1804 of this title to function as Chief Justice.

(3) “Emergency sessions” means any court proceeding conducted by an affected court as authorized by this chapter and by order of the Chief Justice of the Delaware Supreme Court.

(4) “Host county” means the county in which the Chief Justice has ordered the affected court facility to conduct emergency sessions.

(5) “Unavailable” means either that vacancy in office exists, or that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office.
10 Del. C. § 9640 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9640
§ Â
        9640. Appeals.
Status: in_force

Appeals shall be allowed from judgments given by justices of the peace under this subchapter, to the Court of Common Pleas. Such appeals shall be taken, docketed and dismissed in the same manner as is provided by law for the taking, docketing and dismissing of appeals from justices of the peace in civil cases for debt.
10 Del. C. § 2319 — Delaware Code / Title 10 / Chapter 23 / Section 2319
§ Â
        2319. Notation of satisfaction of judgments.
Status: in_force

(a) When any judgment in the Superior Court appears, by the return of any execution thereon, to be wholly or partially satisfied, the prothonotary shall note that fact on the record of the judgment, as required by §§ 4755 and 4756 of this title.

(b) When a judgment upon which a testatum fi. fa. or transcript has been issued and recorded in another county has been satisfied, the prothonotary of the county where the original judgment is shall certify to the prothonotary where the testatum fi. fa. or transcript has been recorded the fact of the satisfaction, whereupon the latter prothonotary shall enter the fact of such satisfaction upon the record of the testatum fi. fa. or transcript, as provided by § 4757 of this title.
10 Del. C. § 7126 — Delaware Code / Title 10 / Chapter 71 / Section 7126
§ Â
        7126. Penalties.
Status: in_force

(a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the criminal nuisance. The Court shall order civil penalties in the amount of $25,000 or the Court, at its discretion, may order a civil penalty up to $1,000 for each day the criminal nuisance exists, whichever is greater, unless imposition of such penalty would constitute a miscarriage of justice under the totality of the circumstances. In such case, it may lower the penalty amount to the extent necessary to avoid such miscarriage of justice.

(b) For the purpose of imposing a civil penalty pursuant to this section, the following shall be prima facie evidence that the defendant knowingly permitted the criminal nuisance:

(1) The defendant failed to initiate an eviction action pursuant to the provisions of this chapter or a summary possession action pursuant to Chapter 57 of Title 25 or against a tenant after being notified by certified or registered mail of the facts pertaining to the tenant’s alleged illegal activities constituting a criminal nuisance committed on the leased premises which would in turn cause a reasonable person to believe the allegations are likely to be true; or

(2) A closure order was vacated under § 7121 of this title within 2 years before the occurrence of the instant criminal nuisance; or

(3) The defendant furthered, conspired as to, or participated in the commission of a crime on the premises.

(c) The Court at any time shall waive, suspend or revoke any unpaid civil penalty imposed pursuant to this section where it is satisfied that:

(1) The defendant against whom the penalty has been imposed has not violated any order issued pursuant to any provision of this chapter; and

(2) The defendant has transferred title to the plaintiff, a government agency or any other neighborhood or community organization approved by the Court, provided that the recipient is a nonprofit incorporated organization or association which is exempt from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore, maintain, manage or operate any commercial or residential premises. Unless otherwise agreed to by the recipient organization, the defendant shall personally retain all state and local tax liability and the obligation shall attach to any other real property in the county owned by the defendant.
10 Del. C. § 161 — Delaware Code / Title 10 / Chapter 1 / Subchapter IV / Section 161
§ Â
        161. Rules of Court and special orders.
Status: in_force

(a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular and special sessions, fix the time of and otherwise regulate the return of process issued out of the Court, fix the fees which shall be paid and the costs which shall be taxed in the Court, provide for the conduct of the business of the Court, and regulate the practice and procedure governing causes and proceedings in the Court.

(b) The Rules of the Supreme Court shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.

(c) The rules shall not abridge, enlarge or modify any substantive right of any party.
10 Del. C. § 374 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 374
§ Â
        374. Relief from forfeitures.
Status: in_force

The Court of Chancery shall not relieve from any forfeiture incurred, by the nonperformance of any condition contained in or annexed to any gift, grant or contract to which the State is or may be a party. Such forfeiture, when insisted on and declared by the General Assembly and the cause thereof ascertained or admitted to exist, shall be absolutely final and unrelievable.
10 Del. C. § 373 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 373
§ Â
        373. Appointment of Magistrates for purpose of executing certain instruments.
Status: in_force

In all cases where the Court of Chancery orders the execution of any conveyance, assignment, release, acquittance or other instrument and the party against whom the judgment is made does not comply therewith within the time mentioned in the judgment, the Court may appoint a Magistrate for such purpose. Such conveyance, assignment, release, acquittance or other instrument when executed by such Magistrate and approved by the Court shall be as valid and effectual as if done by the party required by the judgment to make the same. Any such instrument shall be recorded by the Magistrate if it is necessary.