10 Del. C. § 8142 — Delaware Code / Title 10 / Chapter 81 / Section 8142
§ Â
        8142. Limitations on shooting range and hunting operations nuisance suits.
Status: in_force

(a) For the purposes of this section, the terms “shooting range” and “hunting operations” and “its appurtenances” mean an operation including any of the following:

(1) Lands, including the buildings and improvements thereon, which are used or which are intended for use for the shooting of targets for training, education, practice, recreation or competition;

(2) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, shooting preserve, or a restricted propagating and shooting preserve as provided for in subchapter V of Chapter 5 of Title 7;

(3) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a kennel, training facility or field trial facility for the breeding, showing, raising and/or training of hunting and sporting dogs; and

(4) Clubs, associations, partnerships, sole proprietorships, corporations and other business and social entities whose activities or holdings include the land and uses described in paragraphs (a)(1)-(3) of this section.

(b) This section does not apply to:

(1) Shooting ranges or hunting operations which do not conform to federal, state or local health or zoning requirements except as may otherwise be provided elsewhere herein; or

(2) Shooting ranges or hunting operations which are conducted in a negligent or unlawful manner.

(c) No shooting range or hunting operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than 1 year if the operation or the change did not constitute a nuisance from the date the shooting range or hunting operation began or the date the change in the operation began. Likewise, a shooting range or hunting operation which fully complied with local zoning requirements when operations first began shall not be deemed to be noncompliant based upon zoning requirements which have subsequently changed since the initial commencement of operations.

(d) Subject to the limitations of subsection (c) of this section, any and all state laws and ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such shooting range or hunting operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstances set forth in this section shall be null and void as applied to shooting ranges and hunting operations and their respective appurtenances; however, this section shall not apply whenever nuisance results from the negligent or improper operation of any such shooting range or hunting operation or any of its appurtenances or when there has been a significant and fundamental change in the operation itself.
10 Del. C. § 546 — Delaware Code / Title 10 / Chapter 5 / Subchapter III / Section 546
§ Â
        546. Mediation and arbitration proceedings for business disputes.
Status: in_force

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

(1) The parties have consented by agreement or by stipulation to the mediation or arbitration by courts of this State;

(2) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State, or the business dispute is governed by Delaware law;

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

(4) The amount in controversy is no less than $100,000 or such other amount as the Superior Court determines by rule; and

(5) The Superior Court, without regard to this section, would have subject matter jurisdiction to adjudicate the business dispute.

(b) A mediation pursuant to this section shall involve a request by parties to have a member of the Superior Court act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their business dispute. Mediation proceedings shall be considered confidential and not of public record.

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

(d) The parties in any matter may stipulate that the decision of the Superior Court, or a Commissioner of the Superior Court if they so choose, shall be final and binding and not subject to appeal.

(e) This section is intended to encourage the resolution of business disputes by means of arbitration and mediation. The Superior Court should interpret its rule-making authority broadly to effectuate that intention.
10 Del. C. § 4973 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4973
§ Â
        4973. Notice of public sale of real estate.
Status: in_force

(a) Public notice of the sale of lands and tenements under execution process, shall be given by advertisements posted, at least 10 days before the day of sale, in 10 of the most public places of the county where the premises are situated, setting forth the day, hour and place of sale, and what lands and tenements are to be sold, and where they lie. One of the advertisements shall be posted in the hundred in which the premises are located, and 1, at least, in each of the hundreds which immediately adjoin the hundred. A like advertisement shall be delivered at least 10 days before the day of sale to the defendant, or left at the defendant’s usual place of abode, if the defendant has a known place of abode in the county; if the defendant does not reside in the county, notice shall be served on the tenant, or if there is no tenant, shall be left at the mansion house or other public place on the premises. Section 4972 of this title respecting the delivery of an advertisement of the sale of goods and chattels under execution process, to each plaintiff in the execution, and also to each plaintiff in any other execution or executions, at the time in the hands of the sheriff, shall be in all respects applicable to the case of the sale of lands and tenements under execution process. Notice of such sale shall also be advertised for 2 weeks previous to the time of the sale in:

(1) A newspaper of general circulation published in the county wherein the property is situated; and

(2) A newspaper of general or limited circulation published nearest to the place where the property is situated.

Both newspapers are to be selected by the sheriff. Not more than 3 insertions per week shall be made in any 1 newspaper. If there is only 1 newspaper published in the county at the time, the sheriff may select a newspaper in 1 of the other counties, and if there is no newspaper in the county the sheriff may select 2 in the other counties. The publishers of the newspapers shall not be paid for such advertising a higher rate than their ordinary charges for transient advertisements.

(b) In advertisements of notice of sale of real estate in newspapers, by the sheriff of any county in this State, under execution process, it shall be sufficient if the property to be sold is described therein in such manner that it may be readily identified. It shall not be necessary to describe the property by metes and bounds, or courses and distances. Nor shall it be necessary in any case to follow the description of the property in the writ of execution under which it is sold.
10 Del. C. § 3502 — Delaware Code / Title 10 / Chapter 35 / Section 3502
§ Â
        3502. Corporations subject to attachment and garnishment.
Status: in_force

(a) All corporations doing business in this State, except as specified in subsections (b) and (c) of this section, are subject to the operations of the attachment laws of this State, as provided in the case of individuals. A corporation shall be liable to be summoned as garnishee.

(b) Banks, trust companies, savings institutions and loan associations, except only as to a wage attachment against the wages of an employee of the bank, trust company, savings institution or loan association, shall not be subject to the operations of the attachment laws of this State.

(c) Insurance companies, except as to moneys due in consequence of the happening of the risk provided for in the policy of insurance or a wage attachment against the wages of an employee of the insurance company, shall not be liable to attachment.
10 Del. C. § 543 — Delaware Code / Title 10 / Chapter 5 / Subchapter III / Section 543
§ Â
        543. Unavailability of Resident Judge.
Status: in_force

During the illness, absence from the county or unavailability for any reason of any Resident Judge, the powers and duties required by any statute of this State to be exercised and performed by such Judge in relation to any matter except appointments to any office or position, may be as fully and effectually exercised and performed in all respects by the President Judge, or any other Judge, as by the Resident Judge.
10 Del. C. § 7305 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7305
§ Â
        7305. Creditorâs affidavit of fraud; jury trial.
Status: in_force

Any creditor in any sum not less than $50, the amount of which shall be proved by affidavit, may file an allegation of fraud against the petitioner, specifying the supposed fraudulent transactions, to which allegation the petitioner may plead. Thereupon the same shall be tried by a jury at the same term to which the petition is preferred.
10 Del. C. § 904 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 904
§ Â
        904. State to provide Court facilities.
Status: in_force

The State shall provide for the Court at the county seat in each county and in such other places as may be designated by the Chief Judge, adequate quarters properly furnished, consistent with the dignity of and suitable for the purposes of the Court.
10 Del. C. § 4506 — Delaware Code / Title 10 / Chapter 45 / Section 4506
§ Â
        4506. Special jury.
Status: in_force

The Court may order a special jury upon the application of any party in a complex civil case. The party applying for a special jury shall pay the expense incurred by having a special jury, which may be allowed as part of the costs of the case.
10 Del. C. § 6903 — Delaware Code / Title 10 / Chapter 69 / Section 6903
§ Â
        6903. Person committed for contempt; notice of hearing.
Status: in_force

(a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any alderperson of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child support order, shall be entitled to the writ of habeas corpus in the Superior Court. A person committed by the Family Court in a case involving a child support order shall be entitled to the writ of habeas corpus in the Family Court.

(b) Notice shall be given to the committing magistrate of the time and place of hearing. The prisoner may deny the alleged contempt, under oath. The court or judge may remand or discharge the party.
10 Del. C. § 521 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 521
§ Â
        521. Prothonotary as Clerk.
Status: in_force

The prothonotary of each county shall be the clerk of the Superior Court in and for that county.
10 Del. C. § 7209 — Delaware Code / Title 10 / Chapter 72 / Section 7209
§ Â
        7209. Sanctions.
Status: in_force

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

(b) Any person who “swears falsely,” as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7203, § 7204, or § 7205 of this title, a written request to terminate or renew a sexual violence protective order under § 7206 of this title, or in any court hearing under § 7204, § 7205, or § 7206 may be guilty of perjury under § 1221, § 1222, or § 1223 of Title 11.
10 Del. C. § 1908 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1908
§ Â
        1908. Temporary assignment of Judges to statutory courts.
Status: in_force

(a) In case of need, the Chief Justice of the Supreme Court, or in case of the Chief Justice’s absence from the State or incapacity, the Senior Justice of the Supreme Court, present in the State and capable of acting, may designate one or more of the state judges, including the Justices of the Supreme Court and the Judges of the Superior Chancery and Common Pleas Court, to sit in any court of this State not created by the Constitution.

(b) The state judge designated pursuant to subsection (a) of this section shall serve as a judge of the court designated and shall hear and determine such causes in such court and for such period of time as shall be designated.
10 Del. C. § 7309 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7309
§ Â
        7309. Penalties for fraud of petitioner.
Status: in_force

If it appears to the court that the petitioner has fraudulently secreted, transferred, disposed of, or removed any goods, chattels, rights, credits, money, or other property, or has been guilty of deception or fraud in contracting any debt, or has not fully and truly answered the interrogatories proposed, or has committed any fraud by which the petitioner’s creditors may be injured, the petition shall be dismissed and the petitioner remanded.
10 Del. C. § 6110 — Delaware Code / Title 10 / Chapter 61 / Section 6110
§ Â
        6110. Entry into possession; requirements.
Status: in_force

(a) At any time after the filing of any condemnation proceeding under this chapter, the plaintiff, upon the filing of a notice of intention to take possession of the property sought to be condemned, or any part thereof, on a day therein specified, and upon deposit in Court of the sum of money estimated by plaintiff to be just compensation for the property or the part thereof taken, has the right to enter into possession, occupy or take the property from and after such day, upon entry of an appropriate order by the Court, which order may be made ex parte and without notice.

(b) Upon application of any party in interest, the Court may order the money so deposited in Court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceeding and such payment shall not jeopardize any party’s right to prove just compensation in a greater or less amount. If the compensation finally awarded to any defendant exceeds the amount paid to the defendant on distribution of the deposit, the Court shall credit the payment to the final award and if the compensation finally awarded to any defendant is less than the amount which has been paid to the defendant, the Court shall enter judgment against the defendant in favor of the plaintiff for such overpayment.

(c) In any case where possession has been so taken the obligation of the plaintiff to pay the amount ultimately determined as just compensation in the cause shall be absolute. Title shall vest in plaintiff on the date of payment of the final award.
10 Del. C. § 5305 — Delaware Code / Title 10 / Chapter 53 / Subchapter I / Section 5305
§ Â
        5305. Nonresidents in legal proceedings.
Status: in_force

In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State prescribe for taking the acknowledgment of deeds or the probate of accounts against a deceased person’s estate, where the acknowledgment or probate is made out of this State.
10 Del. C. § 6904 — Delaware Code / Title 10 / Chapter 69 / Section 6904
§ Â
        6904. Custody of minor child.
Status: repealed

A writ of habeas corpus may be procured by 1 spouse living apart from the other, without being divorced, to determine the proper custody or charge of a minor child of the marriage, and orders may be made thereon, as provided by § 705 of Title 13 [repealed].
10 Del. C. § 7314 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7314
§ Â
        7314. Records of proceedings.
Status: in_force

Every petition, and all proceedings, orders and adjudications in cases of insolvency, shall be recorded by the prothonotary, or Register in Chancery, in suitable books kept for the purpose. A correct alphabetical index shall be kept for each book.
10 Del. C. § 4774 — Delaware Code / Title 10 / Chapter 47 / Subchapter IV / Section 4774
§ Â
        4774. Notice of meeting of referees.
Status: in_force

When a rule of reference is entered by the court upon the application of the plaintiff only, at least 10 days’ notice of the meeting of the referees shall be required.
10 Del. C. § 143 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 143
§ Â
        143. Time for appeal from interlocutory order or decree.
Status: in_force

No appeal from an interlocutory order, judgment or decree shall be received in the Supreme Court, unless such appeal is filed in the Supreme Court within 30 days after such order, judgment or decree is entered.
10 Del. C. § 4974 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4974
§ Â
        4974. Place for public sale of real estate.
Status: in_force

(a) As used in this section, “public building” and “public property” mean a building or property that is open to members of the public who wish to attend a sheriff’s sale. “Public building” or “public property” includes a building or property not owned by the government or a governmental entity.

(b) All sales of real estate, made by a sheriff by virtue of execution process, shall be made at any 1 of the following locations:

(1) On the premises to be sold.

(2) At the courthouse for the county in which the premises are situated.

(3) At the Sheriff’s Office or the building in which the Sheriff’s Office is located.

(4) At any public building or outdoors on any public property located in the county where the premises are situated.

(c) Unless otherwise directed by court order, the sheriff conducting a sale retains exclusive authority to determine the location and means for the sale of real property by virtue of execution as permitted by subsection (b) of this section.
10 Del. C. § 3104 — Delaware Code / Title 10 / Chapter 31 / Section 3104
§ Â
        3104. Personal jurisdiction by acts of nonresidents.
Status: in_force

(a) The term “person” in this section includes any natural person, association, partnership or corporation.

(b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts.

(c) As to a cause of action brought by any person arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident, or a personal representative, who in person or through an agent:

(1) Transacts any business or performs any character of work or service in the State;

(2) Contracts to supply services or things in this State;

(3) Causes tortious injury in the State by an act or omission in this State;

(4) Causes tortious injury in the State or outside of the State by an act or omission outside the State if the person regularly does or solicits business, engages in any other persistent course of conduct in the State or derives substantial revenue from services, or things used or consumed in the State;

(5) Has an interest in, uses or possesses real property in the State; or

(6) Contracts to insure or act as surety for, or on, any person, property, risk, contract, obligation or agreement located, executed or to be performed within the State at the time the contract is made, unless the parties otherwise provide in writing.

(d) When the law of this State authorizes service of process outside the State, the service, when reasonably calculated to give actual notice, may be made:

(1) By personal delivery in the manner prescribed for service within this State.

(2) In the manner provided or prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.

(3) By any form of mail addressed to the person to be served and requiring a signed receipt.

(4) As directed by a court.

(e) Proof of service outside this State may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court.

(f) Service outside this State may be made by an individual permitted to make service of process under the law of this State or under the law of the place in which the service is made or who is designated by a court of this State.

(g) If service is made pursuant to paragraph (d)(3) of this section, the time in which defendant shall serve an answer shall be computed from the date of the mailing which is the subject of the return receipt or other official proof of delivery or the notation of refusal of delivery; provided, however, that the court in which the action is pending may, at any time before or after the expiration of the prescribed time for answering, order such continuances as may be necessary to afford the defendant therein reasonable opportunity to defend the action.

(h) (1) Proof of the defendant’s nonresidence and of the mailing and receipt or refusal of the notice shall be made in such manner as the court, by rule or otherwise, shall direct.

(2) The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the defendant or the defendant’s agent; and the notation of refusal shall constitute presumptive evidence that the refusal was by the defendant or the defendant’s agent.

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

(j) When jurisdiction over a person is based solely upon this section, only a cause of action arising from any act enumerated in this section may be asserted against the person.

(k) This section does not invalidate any other section of the Code that provides for service of summons on nonresidents. This section applies only to the extent that the other statutes that already grant personal jurisdiction over nonresidents do not cover any of the acts enumerated in this section.

(l) In any cause of action arising from any of the acts enumerated in this section, the court may provide for a stay or dismissal of action if the court finds, in the interest of justice, that the action should be heard in another forum.
10 Del. C. § 7304 — Delaware Code / Title 10 / Chapter 73 / Subchapter I / Section 7304
§ Â
        7304. Proof of service; appearance as waiver.
Status: in_force

Proof of the service of a summons under § 7303 of this title shall be by the affidavit of the person serving the same written upon the summons.

An appearance entered, either personally or by attorney, shall be as effectual as proof of the service of the summons.
10 Del. C. § 3914 — Delaware Code / Title 10 / Chapter 39 / Section 3914
§ Â
        3914. Proof of partnership.
Status: in_force

In any action by or against partners, the plaintiff may require the defendant or defendants to deny the allegation of partnership by affidavit filed with the answer, by the specific notation of the need for a denial by affidavit within the paragraph alleging partnership. Any defendant so answering shall deny the existence of the partnership as alleged, and stating to the best of the defendants’ knowledge and belief whether there is any partnership in relation to the subject matter of the action, and who are the partners therein. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with the answer shall be deemed an admission of the partnership as alleged.
10 Del. C. § 4806 — Delaware Code / Title 10 / Chapter 48 / Section 4806
§ Â
        4806. Stay of proceedings pending appeal of foreign-country judgment.
Status: in_force

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
10 Del. C. § 7329 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7329
§ Â
        7329. Admission of demands payable in future.
Status: in_force

A demand existing at the time of executing the deed of assignment, but payable at a future day (subject to the proper discount if payable without interest) shall be admitted in the distribution of the petitioner’s estate.
10 Del. C. § 561 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 561
§ Â
        561. Rules of Court in civil actions.
Status: in_force

(a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing and determination of civil actions in the Superior Court.

(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such action. The rules shall not abridge, enlarge or modify any substantive right of any party, and they shall preserve the right of trial by jury as at common law and as declared by the statutes and Constitution of this State.

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

(d) Any inconsistency or conflict between any rule promulgated under the authority of this section or prior law, and any of the provisions of this Code or other statute of this State dealing with practice or procedure in the Superior Court, shall be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in civil actions in the Superior Court.

(e) As used in this section, the phrase “civil actions in the Superior Court” includes proceedings of every kind or character within the jurisdiction of that Court except criminal proceedings.
10 Del. C. § 4713 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4713
§ Â
        4713. Seizure of real estate by execution after losing lien.
Status: in_force

No real estate shall be seized or taken by virtue of execution process upon any judgment, for the recovery of money, entered or recorded in the Superior Court, after the expiration of the term of 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which such judgment was recovered or rendered was not due or payable at or before the time of its entry or recording, the day on which such money became or becomes wholly due and payable. At the expiration of the term of 10 years the lien of such judgment upon real estate shall be lost, unless within the term of 10 years such judgment is renewed and continued by agreement filed or by scire facias sued out in the manner provided in §§ 4711 and 4712 of this title. All the provisions of such sections, not inconsistent with this section, shall be applicable for the renewal or restoration and continuance and preservation of the lien of the judgments mentioned in this section, and as to the force and effect and the loss of such lien.
10 Del. C. § 4911 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4911
§ Â
        4911. Prohibition against levying upon goods in storage warehouse; violation and penalty.
Status: in_force

(a) No constable in the State shall levy upon or sell or offer to sell or to remove, by virtue of any writ or upon any claim or demand whatsoever, any goods and chattels when such goods and chattels have been placed in, and continue to be in, any storage warehouse. No such goods and chattels, so placed, shall hereafter be seized upon or sold, except by the sheriff of the county in which such goods and chattels are located, after such advertisement and under like conditions as are required by law in the case of goods and chattels seized and sold by the sheriff under execution process.

(b) For purposes of this section, a “storage warehouse” is defined as any facility designed for the commercial storage of goods or a self-service storage facility consisting of real property designed and used for the purposes of renting and leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property.
10 Del. C. § 7323 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7323
§ Â
        7323. Possession of property by trustees; exemption and valuation.
Status: in_force

The trustee or trustees shall take possession of all property and estate, except wearing apparel and the necessary bedding of the petitioner and the petitioner’s family, and the tools, or implements, of the petitioner’s trade or calling, not exceeding in value in the whole $50; which articles, and the value thereof, shall be ascertained by 2 judicious and impartial citizens of the county wherein the petitioner resides, to be appointed, and sworn or affirmed to the faithful performance of their duty, by a justice of the peace of the county. The articles so ascertained shall be exempt from any execution or legal process against the petitioner, except execution in a criminal case.
10 Del. C. § 567 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 567
§ Â
        567. Power to appoint Masters.
Status: in_force

The Superior Court may appoint Masters who shall exercise such powers of the Court as shall be designated by the Court. No Master shall conduct jury trials. Masters shall serve at the pleasure of the Court and shall receive such compensation as the Court may determine. The conduct of Masters shall be governed by Court rules.
10 Del. C. § 3707 — Delaware Code / Title 10 / Chapter 37 / Subchapter I / Section 3707
§ Â
        3707. Statutory right of action.
Status: in_force

A statutory right of action or remedy against any officer or person, in favor of any person, shall survive to, or against the executor or administrator of such officer or person, unless it be specially restricted in the statute.
10 Del. C. § 7325 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7325
§ Â
        7325. Duties and powers of trustees.
Status: in_force

The trustee or trustees, or the survivors or survivor of them, or the executors or administrators of such trustee or survivor, shall collect, recover and reduce into possession all the rights, whether real or personal, credits and things in action of the petitioner; and for that purpose may, in his or her or their own name or names institute and prosecute to judgment and execution any actions real, personal, or mixed; and shall also convert into money all the property and estate assigned, and for that purpose may sell, dispose of and convey the same, in parcels or otherwise, as may be deemed expedient.
10 Del. C. § 8709 — Delaware Code / Title 10 / Chapter 87 / Section 8709
§ Â
        8709. Neglect or refusal to pay fees; penalty.
Status: in_force

Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer to whom such fees are due, shall be fined $10 besides costs of suit.
10 Del. C. § 7358 — Delaware Code / Title 10 / Chapter 73 / Subchapter IV / Section 7358
§ Â
        7358. Special proceedings; affidavit of fraud.
Status: in_force

(a) The provisions of this subchapter for the discharge of a person imprisoned on civil process, upon failure of the party at whose suit such person is imprisoned to indemnify the county, shall not apply to the case of a prisoner remanded by the court upon the trial of allegations of fraud; nor to the case of a citizen of this State imprisoned by virtue of a capias ad satisfaciendum, or for the nonperformance of an order or judgment for the payment of money, upon an affidavit of fraud; nor to the case of any person whatsoever imprisoned by virtue of civil process, whether original, or final, or whether issuing out of a court of law or equity, if the plaintiff in such process, within 5 days after the imprisonment of such person, files in the office of the prothonotary, or Register in Chancery, issuing the process, an affidavit of fraud against the person so imprisoned, in the same form as by law is required to be filed before the issuing of a capias ad satisfaciendum against a citizen of this State.

(b) A person so imprisoned, against whom such affidavit of fraud is filed within 5 days after such person’s imprisonment, as provided in this section, shall have the same benefit of a hearing of the specifications of fraud in such affidavit set forth before the court, and upon like proceedings, as in the case of an affidavit of fraud filed before the issuing of a capias ad satisfaciendum.
10 Del. C. § 6308 — Delaware Code / Title 10 / Chapter 63 / Section 6308
§ Â
        6308. Short title.
Status: in_force

This chapter may be cited as the “Uniform Contribution Among Tortfeasors Law.”
10 Del. C. § 8603 — Delaware Code / Title 10 / Chapter 86 / Section 8603
§ Â
        8603. Nonpayment of costs.
Status: in_force

(a) When a defendant who is required to pay the costs of defense defaults in the payment thereof or of any installment, the court on motion of the Attorney General or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a rule or order to show cause why such default should not be treated as contempt of court, and may take such further actions as the court determines to produce the defendant before the court.

(b) If there has been no former citation for contempt, the term of imprisonment for contempt for the nonpayment of defense costs shall be set forth in the commitment order, and shall not exceed 1 day for each $25 of the full amount. In no event shall imprisonment exceed 30 days if the fine was imposed upon conviction of a violation or misdemeanor. In all other cases, the court may impose a term of imprisonment not to exceed 1 year. A person committed for nonpayment shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.

(c) Upon a second or subsequent citation for contempt and unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant’s part to make good faith effort to make the payment, the court may find that such default constitutes contempt and may order the defendant committed until the payment, or a specified part thereof, is paid.

(d) If it appears to the satisfaction of the court that the default in the payment of defense costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment, or revoking such payment or the unpaid portion thereof in whole or in part.

(e) A default in the payment of defense costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of such payment shall not discharge a defendant committed for imprisonment for contempt until the full amount of the fine has actually been collected. The court shall have the power to pursue civil enforcement to obtain the money due on behalf of the State, and to also pursue criminal remedies when civil means are not effective.
10 Del. C. § 6209 — Delaware Code / Title 10 / Chapter 62 / Section 6209
§ Â
        6209. Appeal.
Status: in_force

Any interested party before the Superior Court may appeal the Court’s decision to the Supreme Court, within 30 days of the final order thereon, regarding the question of whether the dedicated property shall be vacated or the question of the amount of damages and their apportionment or any other matter raised at the Superior Court hearing.
10 Del. C. § 5902 — Delaware Code / Title 10 / Chapter 59 / Section 5902
§ Â
        5902. Requirements for minorâs petition.
Status: in_force

If the name sought to be changed under this chapter is that of a minor, the petition shall be signed by at least 1 of the minor’s parents, if there is a parent living, or if both parents are dead, by the legal guardian of such minor. When the minor is over the age of 14, the petition shall also be signed by the minor.
10 Del. C. § 9637 — Delaware Code / Title 10 / Chapter 95 / Subchapter IV / Section 9637
§ Â
        9637. Judgments.
Status: in_force

(a) In a proceeding under this subchapter, if the defendant being duly summoned does not appear, or if upon trial it is proved to the satisfaction of the justice that the plaintiff is entitled to the possession of the property, replevied and delivered, plaintiff shall have judgment for the possession thereof and for the costs.

(b) If it appears that the plaintiff is entitled to the possession of a portion of the property, replevied and delivered, plaintiff shall have judgment for the possession of that portion of the property and the defendant shall have judgment for the value of the other portion of the property, and each party shall pay its own costs.

(c) If it appears that the plaintiff is entitled to the possession of all or a portion of the property and that the property replevied was left in the possession of the defendant by reason of a bond having been given, as provided for in this subchapter the plaintiff shall have judgment for the value of the property to which he or she is entitled to the possession, and for the costs; otherwise judgment shall be for the defendant for the value of the property replevied and for the costs.

(d) In all judgments execution may be had to levy the amount thereof.
10 Del. C. § 2005 — Delaware Code / Title 10 / Chapter 20 / Section 2005
§ Â
        2005. Emergency sessions of court.
Status: in_force

(a) When the Chief Justice makes the determination that a court shall conduct proceedings outside its county, the Chief Justice may order emergency sessions of court in another county. In making this determination, the Chief Justice shall make a reasonable effort to consult with the chief judge and the court administrator of the affected court, the other members of the Supreme Court, the Attorney General, and the Chief Defender.

(b) Nothing in this chapter shall preempt the authority of each court to make a temporary move within the county, or in the case of the Supreme Court, within the State, as provided for in § 1903 of this title.
10 Del. C. § 1052 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1052
§ Â
        1052. Appeals from custody orders.
Status: in_force

(a) Any order of the Court relative to the custody of any child shall be subject to review.

(b) The child’s parent, guardian, next friend or any interested person or agency, at any time within 30 days after the date of such order, may appeal to the Supreme Court.

(c) In the case of an indigent person, the Court may, in its discretion, waive surety for costs upon affidavit by such person that the person is without funds and means of prosecuting the appeal.

(d) The taxing of costs shall be within the discretion of the Supreme Court.
10 Del. C. § 2802 — Delaware Code / Title 10 / Chapter 28 / Section 2802
§ Â
        2802. Duties; exclusive authority.
Status: in_force

(a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title.

(b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter.

(c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties:

(1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace;

(2) Execute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice of the peace;

(3) Execute on all civil judgments directed to the constable by a justice of the peace;

(4) Serve all civil summonses directed to the constable by a justice of the peace;

(5) Serve all subpoenas directed to the constable by a justice of the peace;

(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace;

(7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace;

(8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace;

(9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and

(10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system.
10 Del. C. § 4972 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4972
§ Â
        4972. Notice of public sale of goods and chattels.
Status: in_force

Public notice of the sale of goods and chattels by a sheriff under execution process, and of the day, hour, and place thereof, shall be given by advertisements posted, at least 10 days before the day of sale, in 5, or more, public and suitable places in the county, 2 of which, at least, shall be in the hundred of the defendant’s residence, if the defendant resides in the county. One such advertisement shall, 10 days at least before the day of sale, be delivered to the defendant, and 1 to each plaintiff in the execution, and also to each plaintiff in any other execution, or executions, at the time in the hands of the sheriff or shall be left at the usual place of abode of such defendant and plaintiffs respectively, if there be such place of abode within the county. If any plaintiff in any such execution resides out of the county, such advertisement shall be delivered to the attorney of such plaintiff, if there is an attorney of record, and 1 such advertisement shall be transmitted to such plaintiff by mail, being enclosed and addressed to the plaintiff at the post office nearest the plaintiff’s place of abode. Advertisement shall also, at least 10 days before the day of sale, be delivered to the defendant’s landlord, or the landlord’s agent, if there is such residing in the county. This section and § 4971 of this title do not apply to execution process issued by justices of the peace or the Court of Common Pleas.
10 Del. C. § 9524 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9524
§ Â
        9524. Service of summons; verification for default judgment.
Status: in_force

(a) Service of a summons in an action under this subchapter upon an individual other than an infant or an incompetent person, shall be made by delivering a copy of the summons, with accompanying papers, if any, to the individual personally or by leaving a copy thereof together with the accompanying papers, if any, at the individual’s dwelling house or usual place of abode in the presence of some person of suitable age and discretion residing therein, or by sending a copy of the summons with accompanying papers, if any, to the individual by certified mail, return receipt requested, or by delivering copies thereof to an agent authorized by his or her appointment or by law, to receive service of process, at least 4 days before the day of appearance, unless it be returnable “forthwith,” but service, by leaving a copy, shall not be made of any warrant returnable forthwith, nor in respect to any defendant who has not at the time a fixed place of abode in the county.

(b) The service and the manner of service shall be stated in the return thus, “served personally” by the justice of the peace constable or duly authorized special process server or “served by leaving a copy at the defendant’s dwelling house or usual place of abode in the presence of A.B., a person of suitable age and discretion residing therein,” with the date of such service, or “served by certified mail, return receipt requested,” and a judgment by default shall not be rendered until the service shall be verified by:

(1) The constable’s verification in writing in a form acceptable to the Court;

(2) The special process server’s affidavit in writing; or

(3) The certified mail return receipt signed by the defendant, or by some person of suitable age and discretion, as agent for the defendant; or

(4) If the certified mail return receipt is returned marked “unclaimed”, or “refused”, or with some other indication of failed service, the court shall send a copy of the complaint and summons to the defendant by first class mail to the address provided by the plaintiff. In addition, at the discretion of the presiding judge, the court constable may attempt to confirm that the address provided is that of the defendant and, if confirmed, will attempt personal service. In the event the constable is directed to confirm the address and does so, but is unable to effect personal service, the constable will affix the complaint and summons to the entrance of the dwelling, and note such method of service on the return. In the event of an application for a default judgment after such service, the Court may proceed pursuant to § 9537 of this title whether personal service is completed or not.
10 Del. C. § 147 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 147
§ Â
        147. Time for appeal from Superior Court in criminal actions.
Status: in_force

(a) Except as provided in paragraph (b) of this section, no appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

(b) When an appeal is filed by a pro se inmate confined in an institution:

(1) The appeal is timely filed if:

a. The inmate’s praecipe or notice of appeal is placed in the institution’s internal mail system on or before the last day for filing.

b. The first-class postage is prepaid.

c. The praecipe or notice of appeal is accompanied by a receipt from the institution’s staff verifying the date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.

(2) The institution’s staff must give the inmate a copy of a receipt containing the following:

a. The name of the staff member who received the inmate’s praecipe or notice of appeal.

b. The date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.

c. The case number.
10 Del. C. § 4784 — Delaware Code / Title 10 / Chapter 47 / Subchapter V / Section 4784
§ Â
        4784. Stay.
Status: in_force

(a) If the judgment debtor shows the Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the Court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment as required by the state in which it was rendered.

(b) If the judgment debtor shows the Court any ground upon which enforcement of a judgment of the Superior Court of this State would be stayed, the Court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State.
10 Del. C. § 1314A — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1314A
§ Â
        1314A. Bailiffs, criers and pages; compensation; duties.
Status: in_force

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

(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during the stated terms of such appointment, unless sooner rescinded by the court order, such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions. The order appointing such peace officers shall be recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial commissions.
10 Del. C. § 6103 — Delaware Code / Title 10 / Chapter 61 / Section 6103
§ Â
        6103. Applicability of Superior Court Rules.
Status: in_force

The Rules of the Superior Court shall govern, insofar as applicable, all condemnation proceedings of real and personal property under the power of eminent domain, except as otherwise provided in this chapter.
10 Del. C. § 7804 — Delaware Code / Title 10 / Chapter 78 / Section 7804
§ Â
        7804. Exceptions to liability.
Status: in_force

(a) In this section:

(1) “Child” means an unemancipated individual who is less than 18 years of age.

(2) “Parent” means an individual recognized as a parent under law of this State other than this chapter.

(b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image or deep fake meets any of the following:

(1) Made in good faith in any of the following:

a. Law enforcement.

b. A legal proceeding.

c. Medical education or treatment.

(2) Made in good faith in the reporting or investigation of 1 or more of the following:

a. Unlawful conduct.

b. Unsolicited and unwelcome conduct.

(3) Related to a matter of public concern or public interest.

(4) Reasonably intended to assist the depicted individual.

(c) Subject to subsection (d) of this section, a defendant who is a parent or guardian of a child is not liable under this chapter for a disclosure or threatened disclosure of an “intimate image,” as defined under § 7802(8)a. of this title, of the child.

(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was any of the following:

(1) Prohibited by law other than this chapter.

(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(e) Disclosure of, or a threat to disclose, an intimate image or deep fake is not a matter of public concern or public interest solely because the depicted individual is a public figure.
10 Del. C. § 9706 — Delaware Code / Title 10 / Chapter 97 / Section 9706
§ Â
        9706. Certification of acknowledgments.
Status: in_force

The fees of a justice of the peace, for the services specified, shall be as follows:
10 Del. C. § 3921 — Delaware Code / Title 10 / Chapter 39 / Section 3921
§ Â
        3921. Presumption of proper administration of oath.
Status: in_force

When it appears that an oath or affirmation has been administered by competent authority, it shall be presumed to have been properly administered, unless the contrary appear.
10 Del. C. § 1980 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI / Section 1980
§ Â
        1980. Revision of indices.
Status: in_force

Whenever the index of the office of the Register of Wills, or the office of the Recorder, or the Court of Chancery for Sussex County needs renewing, revising, altering or recopying, or any of such records are not sufficiently indexed or are in need of a new or better system of ascertaining their contents, or needs renewing for preservation purposes, the Superior Court of Sussex County may order that a renewed, revised, altered, recopied or sufficient index be made of any such records.
10 Del. C. § 5062B — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5062B
§ Â
        5062B. Required notices.
Status: in_force

(a) (1) Except as provided in paragraph (a)(2) of this section, with respect to an owner-occupied 1- to 4-family primary residential property, a mortgage foreclosure action may not be filed until 45 days after a notice of intent to foreclose is sent in the form and manner required by paragraph (a)(3) of this section, which notice may not be sent until the obligor on the loan secured by the mortgage has defaulted on the obligation set forth in the terms of the loan.

(2) The notice of intent to foreclose required under paragraph (a)(1) of this section is not required if the property subject to the mortgage has been abandoned, if the mortgage is held by the seller of the subject property who does not hold more than 5 such mortgages, if the obligor on the loan secured by the mortgage has voluntarily surrendered the property to the obligee, or if the default has continued after the automatic stay has been lifted or terminated in a bankruptcy proceeding, or if the default has continued after the bankruptcy proceeding has been dismissed.

(3) a. The notice of intent to foreclose required under paragraph (a)(1) of this section must be sent by all of the following methods:

1. To all borrowers by certified mail, postage prepaid, return receipt requested, bearing postmark from the United States Postal Service.

2. To all borrowers by first-class mail.

b. The notice of intent to foreclose must contain all of the following:

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

“NOTICE REQUIRED BY DELAWARE LAW: TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE”

2. A statement, in English and in Spanish, in at least 14-point boldface type, immediately following the heading, in substantially the following form with such additions and deletions as may be recommended by the administrator of the Residential Mortgage Foreclosure Mediation Program from time to time:

“This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default may be provided in the attached pages.

Mortgage foreclosure is a complex process. Some people may approach you about ' saving’ your home. You should be careful about any such promises. The State encourages you to become informed about your options in foreclosure before entering into any agreements with anyone in connection with the foreclosure of your home. There are government agencies and nonprofit organizations that you may contact for helpful information about the foreclosure process. For the name and telephone number of an organization near you, please refer to the list later in this Notice. The State does not guarantee the advice of these organizations. Do not delay dealing with the foreclosure because your options may become more limited as time passes.

EMERGENCY FINANCIAL HELP MAY BE AVAILABLE

The Delaware State Housing Authority (“DSHA”) may be able to help to save your home. DSHA has loan programs to provide Delaware homeowners with assistance in preventing residential mortgage foreclosures that result from circumstances beyond their control. If you are delinquent on your mortgage, you should meet with a U.S. Department of Housing and Urban Development (“HUD”) certified housing counselor as soon as possible and explore your options prior to applying to any DSHA programs. To find a HUD-certified housing counselor, refer to the list later in this Notice. Take this Notice with you when you meet with the HUD-certified housing counselor.

3. The following phrase, in English and in Spanish, in at least 14-point boldface type:

“For information on how to reinstate your loan, call the following telephone number: ________________ .”

and the telephone number of a contact person or department the homeowner may call to obtain specific instructions on how to reinstate the mortgage loan.

4. A statement, as of the date of the notice, of the nature of the default, the amount required to cure the default and reinstate the loan, including all past due payments, penalties, and fees, and any other actions the homeowner must take to cure the default.

5. A list of HUD-certified housing counselors and their contact information.

6. The phone number for the Delaware Attorney General’s Foreclosure Hotline and the contact information for DSHA’s foreclosure prevention programs.

7. Any other information that the Superior Court may require.

(4) If the borrower(s) may be eligible to apply for assistance through any proprietary loss mitigation program offered by the potential plaintiff or under any federal loss mitigation program in which the potential plaintiff participates, including, but not limited to, the Home Affordable Modification Program, the Second Lien Modification Program, the Home Affordable Unemployment Program, and the Home Affordable Foreclosure Alternatives Program, the potential plaintiff shall include a list of the potentially applicable loss mitigation programs, instructions for how to initiate a completed application for each such program, and a telephone number to call to confirm receipt of an application.

(5) The potential plaintiff (or the servicer sending notice on their behalf) shall include with the notice of intent to foreclose an accounting of the mortgage obligation covering the 12-month period prior to the date of the alleged default. The accounting must include, at a minimum, a history of all payments made during the 12-month period prior to the date of the alleged default and the potential plaintiff’s allocation of those payments to principal, interest, attorneys’ fees, other applicable fees, and the allocation of such payments to the payment installments required by the mortgage. The accounting must also include all of the following:

a. The due date for the mortgage.

b. Any other information as the potential plaintiff may be relying upon as the basis for the claim of default.

c. A certification by the potential plaintiff (or the servicer sending notice on their behalf) that the information contained in the accounting is true and accurate to the best of its knowledge as of the date provided and that the information provided has been relied upon as the basis for the claim of default. Where a servicer provides the certification instead of the potential plaintiff, the servicer shall also identify itself as such and recite in such certification its authority to act on behalf of the potential plaintiff.

(b) As necessary to reflect changes in law, procedure, or loss mitigation options, the Superior Court may prescribe additional or alternate requirements for the form of a notice of intent to foreclose as described under paragraph (a)(3)b. of this section.

(c) DSHA shall make available upon request the list of approved HUD-certified housing counselors and the contact information for each as required under paragraph (a)(3)b.5. of this section.
10 Del. C. § 1906 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1906
§ Â
        1906. Admission of attorneys.
Status: in_force

There may be a competent number of persons, of an honest disposition and learned in the law, admitted by the Supreme Court of the State to practice as attorneys in the State. Attorneys, so admitted, shall behave themselves justly and faithfully in their practice; and if they misbehave themselves therein, they shall be subject to such disciplinary measures as the Supreme Court, in its discretion, may determine. Such attorneys may commence actions, prosecute and defend suits, draw writs, process and pleadings, and practice generally in all the courts of this State without further authority.
10 Del. C. § 9701 — Delaware Code / Title 10 / Chapter 97 / Section 9701
§ Â
        9701. Sheriffs and New Castle County Constables.
Status: in_force

The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows:

ON EXECUTIONS
10 Del. C. § 8126 — Delaware Code / Title 10 / Chapter 81 / Section 8126
§ Â
        8126. County and municipality zoning and planning actions.
Status: in_force

(a) No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any ordinance, code, regulation or map, relating to zoning, or any amendment thereto, or any regulation or ordinance relating to subdivision and land development, or any amendment thereto, enacted by the governing body of a county or municipality, is challenged, whether by direct or collateral attack or otherwise, shall be brought after the expiration of 60 days from the date of publication in a newspaper of general circulation in the county or municipality in which such adoption occurred, of notice of the adoption of such ordinance, code, regulation, map or amendment.

(b) No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any action of the appropriate county or municipal body finally granting or denying approval of a final or record plan submitted under the subdivision and land development regulations of such county or municipality is challenged, whether directly or by collateral attack or otherwise, shall be brought after the expiration of 60 days from the date of publication in a newspaper of general circulation in the county or municipality in which such action occurred, of notice of such final approval or denial of such final or record plan.
10 Del. C. § 4773 — Delaware Code / Title 10 / Chapter 47 / Subchapter IV / Section 4773
§ Â
        4773. Application by plaintiff for rule of reference.
Status: in_force

If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under § 4772 of this title may be made by the court upon the application of the plaintiff only.
10 Del. C. § 9704 — Delaware Code / Title 10 / Chapter 97 / Section 9704
§ Â
        9704. Witnesses.
Status: in_force

The fees of witnesses in cases before a justice of the peace shall be as follows:
10 Del. C. § 901 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 901
§ Â
        901. Definitions.
Status: repealed

For the purpose of this chapter, unless the context indicates differently:

(1) “Abuse” or “abused child” means that a person:

a. Causes or inflicts sexual abuse on a child; or

b. Has care, custody or control of a child, and causes or inflicts:

1. Physical injury through unjustified force as defined in § 468 of Title 11;

2. Emotional abuse;

3. Torture;

4. Exploitation; or

5. Maltreatment or mistreatment.

(2) “Adult” means a person who has reached that person’s eighteenth birthday.

(3) “Care, custody and control” or “those responsible for care, custody and control” shall mean a person or persons in a position of trust, authority, supervision or control over a child. It may include:

a. A parent, guardian, or custodian;

b. Other members of the child’s family or household, meaning persons living together permanently or temporarily without regard to whether they are related to each other and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the child’s household;

c. Any person who, regardless of whether a member of the child’s household, is defined as family or relatives in this section or as an adult individual defined in § 351 [repealed] of Title 31;

d. Persons temporarily responsible for the child’s well-being or care such as a health-care provider, aide, teacher, instructor, coach, sitter, day care or child care provider, or any other person having regular direct contact with children through affiliation with a school, church, or religious institution, health-care facility, athletic or charitable organization or any other organization whether such a person is compensated or acting as a volunteer; or

e. Any person who has assumed control of or responsibility for the child.

For the purpose of investigation of child abuse, dependency or neglect, the Department of Services for Children and Their Families (DSCYF) may investigate any allegation of child abuse, dependency or neglect committed by persons identified herein, but shall only be responsible for the investigation of intrafamilial and institutional child abuse, dependency or neglect. Where the DSCYF is not responsible for the investigation of such child abuse or neglect, it shall immediately refer such report to the appropriate police authorities or child protective services agencies within or without the State.

(4) “Child” means a person who has not reached that person’s eighteenth birthday.

(5) “Court” means the Family Court of the State of Delaware, and “court” refers to other courts of the State.

(6) “Custodian” means any person who is charged by law with or who has assumed responsibility for a child’s care.

(7) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime.

(8) “Dependency” or “dependent child” means that a person:

a. Is responsible for the care, custody, or control of the child; and

b. Does not have the ability or financial means to provide for the care of the child; and

1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general well-being; or

2. The child is living in the home of an “adult individual” who fails to meet the definition of “relative” in this section on an extended basis without an assessment by DSCYF, or an agency licensed by the Department of Education, Office of Child Care Licensing; or

3. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan.

In making a finding of dependency under this section, consideration may be given to dependency, neglect, or abuse history of any party.

(9) “DSCYF” or “Department” means the Department of Services for Children, Youth and Their Families.

(10) “Emotional abuse” means threats to inflict undue physical or emotional harm, and/or chronic or recurring incidents of ridiculing, demeaning, making derogatory remarks or cursing.

(11) “Exploitation” means taking advantage of a child for unlawful or unjustifiable personal or sexual gain.

(12) “Family” means spouses; a couple cohabitating in a home in which there is a child of either or both; custodian and child; or any group of persons related by blood or marriage who are residing in 1 home under 1 head or where 1 is related to the other by any of the following degrees of relationship, both parties being residents of this State:

a. Mother;

b. Father;

c. Mother-in-law;

d. Father-in-law;

e. Brother;

f. Sister;

g. Brother-in-law;

h. Sister-in-law;

i. Son;

j. Daughter;

k. Son-in-law;

l. Daughter-in-law;

m. Grandfather;

n. Grandmother;

o. Grandson;

p. Granddaughter;

q. Stepfather;

r. Stepmother;

s. Stepson;

t. Stepdaughter.

The relationships referred to in this definition include blood relationships without regard to legitimacy and relationships by adoption.

(13) “Institutional child abuse or neglect” means child abuse or neglect which has occurred to a child in the DSCYF’s custody or occurred in a facility, center, or home that is operated or contracted by the DSCYF, or licensed by the Department of Education, Office of Child Care Licensing.

(14) “Intrafamilial child abuse or neglect” is any child abuse or neglect committed by:

a. A parent, guardian, or custodian;

b. Other members of the child’s family or household, meaning persons living together permanently or temporarily without regard to whether they are related to each other and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the child’s household;

c. Any person who, regardless of whether a member of the child’s household, is defined as family or a relative in this section or as an adult individual as defined in § 351 [repealed] of Title 31.

(15) “Law” means the common law and statutes of this State, the laws of any subdivision thereof, and regulations promulgated by a governmental agency having the force and effect of law.

(16) “Mistreatment” or “maltreatment” are behaviors that inflict unnecessary or unjustifiable pain or suffering on a child without causing physical injury. Behaviors included will consist of actions and omissions, ones that are intentional and ones that are unintentional.

(17) “Necessary care” means a type and degree of personalized attention that will tend to advance a child’s physical, mental, emotional, moral and general well-being.

(18) “Neglect” or “neglected child” means that a person:

a. Is responsible for the care, custody, and/or control of the child; and

b. Has the ability and financial means to provide for the care of the child; and

1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child’s emotional, physical, or mental health, or safety and general well-being; or

2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child’s ability to receive care necessary for that child’s safety and general well-being; or

3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child’s own basic needs or safety, after considering such factors as the child’s age, mental ability, physical condition, the length of the caretaker’s absence, and the context of the child’s environment.

In making a finding of neglect under this section, consideration may be given to dependency, neglect, or abuse history of any party.

(19) “Nonamenable child” means any child who is not amenable to the rehabilitative processes of the Family Court.

(20) “Relative” means any person within the immediate family, and any grandparent, uncle, aunt, first cousin, great-grandparent, grandaunt or granduncle, half brother or half sister.

(21) “Sexual abuse” means any act against a child that is described as a sex offense in § 761(i) of Title 11.

(22) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without valid excuse, as defined in rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, with the approval of the State Board of Education, for more than 3 days or the equivalent thereof during a given school year.
10 Del. C. § 305 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 305
§ Â
        305. Purchase of supplies.
Status: in_force

The Chancellor may from time to time purchase for the Court such furniture, equipment, law books, stationery and other supplies as may be requisite for the proper operation of the Court.
10 Del. C. § 329 — Delaware Code / Title 10 / Chapter 3 / Subchapter II / Section 329
§ Â
        329. Law clerks.
Status: in_force

Law clerks hold major, nontenured advisory positions for the Chancellor and Vice-Chancellors of the Court. The Court of Chancery may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
10 Del. C. § 8120 — Delaware Code / Title 10 / Chapter 81 / Section 8120
§ Â
        8120. Setoff.
Status: in_force

This chapter shall apply to any debt alleged by way of setoff or counterclaim on the part of a defendant. The time of limitation of such debt shall be computed in like manner as if an action therefor had been commenced at the time when the plaintiff’s action commenced.
10 Del. C. § 4322 — Delaware Code / Title 10 / Chapter 43 / Subchapter II / Section 4322
§ Â
        4322. Privilege in adjudicative proceedings.
Status: in_force

A reporter is privileged in an adjudicative proceeding to decline to testify concerning the source or content of information that he or she obtained within the scope of his or her professional activities if the reporter states under oath that the disclosure of the information would violate an express or implied understanding with the source under which the information was originally obtained or would substantially hinder the reporter in the maintenance of existing source relationships or the development of new source relationships.
10 Del. C. § 5322 — Delaware Code / Title 10 / Chapter 53 / Subchapter II / Section 5322
§ Â
        5322. Uplifted hand.
Status: in_force

A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall answer to God at the Great Day.”
10 Del. C. § 7801 — Delaware Code / Title 10 / Chapter 78 / Section 7801
§ Â
        7801. Short title.
Status: in_force

This chapter may be cited as the “Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” or “DUCRUDIIA”.
10 Del. C. § 9203 — Delaware Code / Title 10 / Chapter 92 / Section 9203
§ Â
        9203. Number of justices of the peace in each county.
Status: in_force

In the counties of this State there shall be no more than the following number of justices of the peace:

(1) In New Castle County, 29.

(2) In Kent County, 13.

(3) In Sussex County, 19.
10 Del. C. § 1007A — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1007A
§ Â
        1007A. Determination of competency of child.
Status: in_force

(a) Definitions. — For the purpose of this section, the following definitions shall apply:

(1) “Competency evaluator” shall mean an expert qualified by training and experience to conduct juvenile competency evaluations, familiar with juvenile competency standards, and familiar with juvenile treatment programs and services.

(2) “Not competent” shall mean a child who is unable to understand the nature of the proceedings against the child, or to give evidence in the child’s own defense or to instruct counsel on the child’s own behalf.

(b) Procedure to determine competency; competency evaluation. — (1) The issue of whether a child within Family Court jurisdiction, and not subject to § 1010(a) or (c)(3) of this title, is competent to proceed to trial may be raised by any party by the filing of a written motion or may be raised by the Court sua sponte. The motion shall state with specificity the facts that support the request for a competency evaluation. Any issues related to competency that are raised post adjudication shall be raised and decided by the Court based on applicable Family Court Rules and case law. The issue of whether a child subject to § 1010(a) or (c)(3) of this title is competent to proceed shall be determined by the Superior Court consistent with the rules and procedures of that Court and any other applicable law.

(2) If the Court determines that there are facts that support the completion of a competency evaluation, the prosecution of the case shall be stayed and the Court shall order that a competency evaluation be performed by a competency evaluator.

(3) The competency evaluation shall be performed and submitted to the Court within 30 days of the date that the competency evaluation is ordered by the Court if the child is in secure or nonsecure detention, and within 60 days if the child is not detained. Pending completion of the competency evaluation and a final determination of competency by the Court, the child’s bail, placement, and conditions of bail shall continue to be determined pursuant to § 1007 of this title, and the applicable bail guidelines. The Court may order the competency evaluation to be performed on an outpatient basis or may place the child in a secure or nonsecure facility in order to facilitate the completion of the evaluation after considering less restrictive alternatives pursuant to § 1007 of this title.

(4) The competency evaluation submitted by the competency evaluator to the Court shall:

a. Specifically address the child’s ability to understand the nature of the proceedings against the child, the ability of the child to give evidence in the child’s own behalf, and the ability of the child to instruct counsel on the child’s own behalf; and

b. Note any mental disorders or incapacities, developmental disabilities, cognitive impairments, and/or chronological immaturity or any other factor affecting competency, and recommend appropriate treatment or services; and

c. Specify any conditions that will not result in the restoration or acquisition of competency even with treatment.

Statements made by the child as part of the competency evaluation may not later be admitted as evidence at trial.

(5) Upon completion of the competency evaluation:

a. The parties may stipulate that the child is either competent or not competent and submit a stipulation to the Court for approval; or

b. Either party may retain their own competency evaluator to perform an additional evaluation; or

c. Either party may request that the Court hold a competency hearing.

(c) Court findings. — (1) If the Court rules after a stipulation or competency hearing that a child is competent, the prosecution of the case shall resume. If the Court rules that the child is not competent, the Court shall then make a finding of whether competency can be timely restored or acquired. If there is a reasonable expectation that competency can be timely restored or acquired, the Court shall order appropriate treatment or services based on the findings and recommendations contained in the competency evaluation. The underlying bases for a finding that a child is not competent may include, but are not limited to, significant mental disorder or incapacity, significant developmental delay, significant cognitive impairment, and/or chronological immaturity. A child’s age alone may not serve as the basis for a finding that a child is not competent. The finding must be based on the individual child’s capacities for competency.

(2) While the child undergoes treatment or services, bail, conditions of bail and placement shall continue to be determined pursuant to § 1007 of this title, and applicable bail guidelines. Prior to making a bail decision, the Court shall consider less restrictive alternatives pursuant to § 1007 of this title, and if the Court places or continues to place a child in secure detention, the Court shall state in writing the basis for its detention decision. The Court shall schedule review hearings to evaluate whether competency has been restored or acquired at least every 6 months. The Court may order further competency evaluations to assist the Court in determining whether competency has been restored or acquired. When the Court determines that competency has been restored or acquired, the prosecution of the case shall resume.

(3) If the Court finds that a child is not competent and is unable to have competency timely restored or acquired, the Court, after a hearing to consider the best interests of the child and the safety of the community, shall:

a. Dismiss nonviolent misdemeanor charges within 6 to 12 months;

b. Dismiss violent misdemeanor or nonviolent felony charges within 12 to 24 months;

c. Dismiss violent felony charges at age 18, unless the child was under age 14 at the time of arrest for violent felonies in which case the Court shall consider dismissal of violent felonies within 18 to 36 months.

The Court shall hold review hearings at least every 6 months until the case is dismissed, and may continue to order appropriate services until the case is dismissed.

(d) Limitation on competency finding. — Any finding by the Court regarding the competency of a child is limited to the specific delinquency proceedings at issue when competency is raised, and that finding shall not be the basis for any determination of competency in another court, competency as a witness in any proceeding, or competency to be proceeded against in another delinquency proceedings or any other proceedings in this Court.
10 Del. C. § 301 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 301
§ Â
        301. Places of holding Court.
Status: in_force

The Court of Chancery shall be held:

(1) In New Castle County, at Wilmington;

(2) In Kent County, at Dover; and

(3) In Sussex County, at Georgetown.
10 Del. C. § 6511 — Delaware Code / Title 10 / Chapter 65 / Section 6511
§ Â
        6511. Parties.
Status: in_force

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.
10 Del. C. § 1049H — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1049H
§ Â
        1049H. Definitions.
Status: in_force

As used in this part:

(1) “Canadian domestic-violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from doing 1 or more of the following:

a. Being in physical proximity to a protected individual or following a protected individual.

b. Directly or indirectly contacting or communicating with a protected individual or other individual described in the order.

c. Being within a certain distance of a specified place or location associated with a protected individual.

d. Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.

(2) “Court” means the Family Court of this State.

(3) “Domestic protection order” means an injunction or other order issued by the Court which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual.

(4) “Issuing court” means the court that issues a Canadian domestic-violence protection order.

(5) “Law-enforcement officer” means an individual authorized by law of this State other than this part to enforce a domestic protection order.

(6) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(7) “Protected individual” means an individual protected by a Canadian domestic-violence protection order.

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

(9) “Respondent” means an individual against whom a Canadian domestic-violence protection order is issued.

(10) “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 a federally-recognized Indian tribe.
10 Del. C. § 303 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 303
§ Â
        303. Disqualification of Chancellor and Vice-Chancellor.
Status: in_force

Neither the Chancellor nor any Vice-Chancellor shall sit in any cause in which his or her parent, grandparent, child, grandchild, brother, or sister, nephew, or niece, uncle or aunt, brother-in-law, or son-in-law, is a party.
10 Del. C. § 4706 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4706
§ Â
        4706. Entry during term; docket date.
Status: in_force

A judgment entered during a term, if the day of entering it does not appear by the docket, shall be postponed to a judgment entered during the period of the same term, the day of entering which does appear by the docket. None of the foregoing regulations shall contravene the provisions of § 4703 of this title, respecting judgment upon a verdict.
10 Del. C. § 1004A — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1004A
§ Â
        1004A. Juvenile Offender Civil Citation Program [Effective until Feb. 20, 2027].
Status: in_force

(a) There is hereby established a juvenile offender civil citation option to provide a civil alternative to arrest and criminal prosecution for eligible youth who have committed acts of delinquency as set forth herein. The Juvenile Offender Civil Citation Program shall be coordinated by a statewide Civil Citation Coordinator within the Division of Youth Rehabilitative Services and shall include assessment and intervention services that a juvenile voluntarily agrees to complete in lieu of formal arrest and prosecution.

(b) (1) Referral to the Juvenile Offender Civil Citation Program shall be initiated by a peace officer through the issuance of a civil citation. Any peace officer having reasonable grounds to believe that a juvenile has committed or attempted to commit an act of delinquency described hereunder may issue the juvenile a civil citation. The issuance of a civil citation shall be at the discretion of the peace officer and limited to qualified juvenile offenders. Participation in the Juvenile Offender Civil Citation Program is voluntary on the part of the juvenile offender and requires parental consent. Other than referrals under § 1002 of this title, referral to the Juvenile Offender Civil Citation Program shall be made with the consent of the victim if 1 exists.

(2) An act of delinquency classified as a misdemeanor is eligible for disposition pursuant to a civil citation, except any Title 21 misdemeanor, unlawful sexual contact in violation of § 767 of Title 11, and unlawful imprisonment second degree in violation of § 781 of Title 11. A juvenile is also eligible for disposition pursuant to a civil citation based on a referral under § 904 of Title 4 or § 4764 of Title 16. Juveniles under the age of 12 shall also be eligible for disposition pursuant to a civil citation based on referrals under § 1002 of this title.

(3) For purposes of this section, a “qualified juvenile offender” means a juvenile who meets both of the following:

a. The juvenile has no prior adjudication of delinquency.

b. The juvenile has not received a prior referral to the Juvenile Offender Civil Citation or any other diversion program unless more than 1 year has elapsed since the prior referral.

(c) A civil citation shall be initiated by entering all required information into the Law Enforcement Investigative Support System (LEISS) to include a description of the offense believed to have been committed; contact information for the designated civil citation community providers; notification that the juvenile must contact the identified civil citation community provider within 7 business days to schedule their intake and initial assessment; and a warning that failure to contact the identified civil citation community provider may result in the juvenile’s arrest and the commencement of delinquency proceedings as otherwise provided in this subchapter.

(d) At the time of issuance of a civil citation by the peace officer, the peace officer shall advise the juvenile that the juvenile has the option to refuse the civil citation and instead be taken into custody and subject to arrest and prosecution as otherwise provided in this subchapter. Upon issuance of a civil citation, the peace officer shall submit the civil citation through LEISS to the Civil Citation Coordinator.

(e) A juvenile issued a civil citation shall contact the identified civil citation community provider within 7 business days or as otherwise directed in the civil citation and thereafter report to the identified provider to which the juvenile is referred.(a) There is hereby established a juvenile offender civil citation option to provide a civil alternative to arrest and criminal prosecution for eligible youth who have committed acts of delinquency as set forth herein. The Juvenile Offender Civil Citation Program shall be coordinated by a statewide Civil Citation Coordinator within the Division of Youth Rehabilitative Services and shall include assessment and intervention services that a juvenile voluntarily agrees to complete in lieu of formal arrest and prosecution.

(b) (1) Referral to the Juvenile Offender Civil Citation Program shall be initiated by a peace officer through the issuance of a civil citation. Any peace officer having reasonable grounds to believe that a juvenile has committed or attempted to commit an act of delinquency described in paragraph (b)(2) of this section may issue the juvenile a civil citation. The issuance of a civil citation shall be at the discretion of the peace officer and limited to qualified juvenile offenders. Participation in the Juvenile Offender Civil Citation Program is voluntary on the part of the juvenile offender and requires parental consent. Other than referrals under § 1002 of this title, referral to the Juvenile Offender Civil Citation Program shall be made with the consent of the victim if 1 exists.

(2) An act of delinquency classified as a misdemeanor is eligible for disposition pursuant to a civil citation, except any Title 21 misdemeanor, unlawful sexual contact in violation of § 767 of Title 11, and unlawful imprisonment second degree in violation of § 781 of Title 11. A juvenile is also eligible for disposition pursuant to a civil citation based on a referral under § 904 of Title 4 or § 4764 of Title 16. Juveniles under the age of 12 shall also be eligible for disposition pursuant to a civil citation based on referrals under § 1002 of this title.

(3) For purposes of this section, a “qualified juvenile offender” means a juvenile who meets both of the following:

a. The juvenile has no prior adjudication of delinquency.

b. The juvenile has not received a prior referral to the Juvenile Offender Civil Citation or any other diversion program unless more than 1 year has elapsed since the prior referral.

(4) a. For all acts of delinquency described under paragraph (b)(2) of this section, a peace officer must consciously consider issuing a civil citation where the juvenile is a qualified juvenile offender.

b. For any act of delinquency under paragraph (b)(2) of this section, if an arresting peace officer chooses not to issue a civil citation and instead to bring 1 or more charges against the qualified juvenile offender, the peace officer may document the reason why a civil citation was not issued. For the following acts of delinquency, if the peace officer chooses not to issue a civil citation and instead to bring 1 or more charges against the qualified juvenile offender, the peace officer must document the reason why a civil citation was not issued in the Delaware Criminal Justice Information System:

1. Criminal mischief under § 811 of Title 11.

2. Graffiti and possession of graffiti implements under § 812 of Title 11.

3. Criminal trespass in the third degree under § 821 of Title 11.

4. Criminal trespass in the second degree under § 822 of Title 11.

5. Shoplifting under § 840 of Title 11.

6. Theft under § 841 of Title 11.

7. Receiving stolen property under § 851 of Title 11.

8. Selling stolen property under § 852A of Title 11.

9. Unlawful use of payment card under § 903 of Title 11.

10. Disorderly conduct under § 1301 of Title 11.

11. Harassment under § 1311 of Title 11.

12. Loitering under § 1321 of Title 11.bchapter. Upon issuance of a civil citation, the peace officer shall submit the civil citation through LEISS to the Civil Citation Coordinator.

(e) A juvenile issued a civil citation shall contact the identified civil citation community provider within 7 business days or as otherwise directed in the civil citation and thereafter report to the identified provider to which the juvenile is referred.

(f) (1) Providers shall assess referred juveniles using an approved risk assessment tool and may recommend the juvenile to participate in counseling, treatment, community service or other interventions appropriate to the needs of the juvenile as identified by the assessment.

(2) For purposes of Chapter 86 of Title 11, a civil citation community provider is all of the following:

a. Engaged in the rehabilitation of accused persons in the administration of criminal justice.

b. An authorized user, if qualified under the minimum requirements established under § 8608 of Title 11.

c. An authorized agency, if qualified under §§ 8610 and 8611 of Title 11.

(g) Upon completion of all terms and conditions of the Juvenile Offender Civil Citation Program, the juvenile shall be discharged successfully without arrest.

(h) If the juvenile fails to comply with any requirements of the Juvenile Offender Civil Citation Program, including any assessments or required services, or otherwise violates any terms or conditions imposed by the identified provider, the juvenile shall be unsuccessfully discharged from the Juvenile Offender Civil Citation Program. The Civil Citation Coordinator shall advise the referring peace officer of a juvenile’s unsuccessful termination from the program. A peace officer, upon receiving notice that a juvenile to whom they have issued a civil citation has been unsuccessfully discharged from the Juvenile Offender Civil Citation Program, shall be authorized to arrest the juvenile and proceed as otherwise provided in this subchapter.

(i) Participation in the Juvenile Offender Civil Citation Program shall not, with respect to a subsequent arrest, serve to disqualify or otherwise preclude a juvenile from participating in any diversion program at the discretion of the Attorney General.

(j) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Civil Citation Program under § 904 of Title 4 or § 4764 of Title 16 may not be arrested for refusal to participate in the program or violating terms and conditions of the program.

(k) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Offender Civil Citation Program under § 1002 of this title shall be referred to the Program and may not be arrested for refusal to participate in the Program or violating terms and conditions of the Program.under § 822 of Title 11.

5. Shoplifting under § 840 of Title 11.

6. Theft under § 841 of Title 11.

7. Receiving stolen property under § 851 of Title 11.

8. Selling stolen property under § 852A of Title 11.

9. Unlawful use of payment card under § 903 of Title 11.

10. Disorderly conduct under § 1301 of Title 11.

11. Harassment under § 1311 of Title 11.

12. Loitering under § 1321 of Title 11.

(c) A civil citation shall be initiated by entering all required information into the Law Enforcement Investigative Support System (LEISS) to include a description of the offense believed to have been committed; contact information for the designated civil citation community providers; notification that the juvenile must contact the identified civil citation community provider within 7 business days to schedule their intake and initial assessment; and a warning that failure to contact the identified civil citation community provider may result in the juvenile’s arrest and the commencement of delinquency proceedings as otherwise provided in this subchapter.

(d) At the time of issuance of a civil citation by the peace officer, the peace officer shall advise the juvenile that the juvenile has the option to refuse the civil citation and instead be taken into custody and subject to arrest and prosecution as otherwise provided in this subchapter. Upon issuance of a civil citation, the peace officer shall submit the civil citation through LEISS to the Civil Citation Coordinator.

(e) A juvenile issued a civil citation shall contact the identified civil citation community provider within 7 business days or as otherwise directed in the civil citation and thereafter report to the identified provider to which the juvenile is referred.

(f) (1) Providers shall assess referred juveniles using an approved risk assessment tool and may recommend the juvenile to participate in counseling, treatment, community service or other interventions appropriate to the needs of the juvenile as identified by the assessment.

(2) For purposes of Chapter 86 of Title 11, a civil citation community provider is all of the following:

a. Engaged in the rehabilitation of accused persons in the administration of criminal justice.

b. An authorized user, if qualified under the minimum requirements established under § 8608 of Title 11.

c. An authorized agency, if qualified under §§ 8610 and 8611 of Title 11.

(g) Upon completion of all terms and conditions of the Juvenile Offender Civil Citation Program, the juvenile shall be discharged successfully without arrest.

(h) If the juvenile fails to comply with any requirements of the Juvenile Offender Civil Citation Program, including any assessments or required services, or otherwise violates any terms or conditions imposed by the identified provider, the juvenile shall be unsuccessfully discharged from the Juvenile Offender Civil Citation Program. The Civil Citation Coordinator shall advise the referring peace officer of a juvenile’s unsuccessful termination from the program. A peace officer, upon receiving notice that a juvenile to whom they have issued a civil citation has been unsuccessfully discharged from the Juvenile Offender Civil Citation Program, shall be authorized to arrest the juvenile and proceed as otherwise provided in this subchapter.

(i) Participation in the Juvenile Offender Civil Citation Program shall not, with respect to a subsequent arrest, serve to disqualify or otherwise preclude a juvenile from participating in any diversion program at the discretion of the Attorney General.

(j) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Civil Citation Program under § 904 of Title 4 or § 4764 of Title 16 may not be arrested for refusal to participate in the program or violating terms and conditions of the program.

(k) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Offender Civil Citation Program under § 1002 of this title shall be referred to the Program and may not be arrested for refusal to participate in the Program or violating terms and conditions of the Program.

(l) Every “law-enforcement agency,” as defined under § 1913 of Title 11, must provide an annual report to the Police Officer Standards and Training Commission which contains a description of the agency’s use of juvenile offender civil citations, including a list of all instances where a qualified juvenile was charged with a crime instead of being issued a civil citation.
10 Del. C. § 145 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 145
§ Â
        145. Time for appeal from final judgment of the Court of Chancery.
Status: in_force

No appeal from a final judgment or decree of the Court of Chancery shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

This section shall not affect the time for cross-appeals provided in § 149 of this title.
10 Del. C. § 6005 — Delaware Code / Title 10 / Chapter 60 / Section 6005
§ Â
        6005. Hearing.
Status: in_force

(a) The court shall hear a motion under § 6003 of this title not later than 60 days after filing of the motion, unless the court orders a later hearing:

(1) To allow discovery under § 6004(d) of this title; or

(2) For other good cause.

(b) If the court orders a later hearing under paragraph (a)(1) of this section, the court shall hear the motion under § 6003 of this title not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under paragraph (a)(2) of this section.
10 Del. C. § 5116 — Delaware Code / Title 10 / Chapter 51 / Section 5116
§ Â
        5116. Adoption proceedings.
Status: in_force

The costs in adoption proceedings shall be taxed by the court on the persons making the application.
10 Del. C. § 6916 — Delaware Code / Title 10 / Chapter 69 / Section 6916
§ Â
        6916. Evasion of writ; penalty.
Status: in_force

Whoever, having in his or her custody or under his or her power, any person entitled to a writ of habeas corpus, whether any writ has been issued or not, with intent to elude the service of such writ, or to avoid the effect thereof, transfers the prisoner to the custody, or places the prisoner under the power or control of any other person, or conceals the prisoner, or changes the place of the prisoner’s confinement, shall forfeit and pay to the party aggrieved $3,600.
10 Del. C. § 7115 — Delaware Code / Title 10 / Chapter 71 / Section 7115
§ Â
        7115. Lease void if building used for criminal nuisance.
Status: in_force

Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such place for a criminal nuisance-related purpose, such use makes void the lease or other title under which the tenant or occupant holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert to vest in such owner.
10 Del. C. § 1002 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1002
§ Â
        1002. Delinquent child not criminal; prosecution limited.
Status: repealed

(a) Except as provided in § 1010 of this title, no child shall be deemed a criminal by virtue of an allegation or adjudication of delinquency, nor shall a child be charged with or prosecuted for a crime in any other court. In this Court the nature of the hearing and all other proceedings shall be in the interest of rather than against the child. Except as otherwise provided, there shall be no proceedings other than appellate proceedings in any court other than this Court in the interest of a child alleged to be dependent, neglected, or delinquent.

(b) (1) Notwithstanding any other provision of law to the contrary, no child shall be prosecuted for a crime or act of delinquency arising from conduct that occurred when the child was under the age of 12, except for a child under the age of 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201 (c) of Title 11.

a. A child younger than 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, or rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11, may not be prosecuted unless the delinquency petition includes a motion to determine competency pursuant § 1007A of this title. If the Court finds the child competent, prosecution of the case may resume at the discretion of the State. If the Court finds the child not competent the Court shall, contemporaneous with the entry of such finding, enter a dismissal of the charge or charges, and the State shall petition the Court to expunge the instant record of arrest as set forth in § 1018(f) of this title.

b. [Repealed.]

(2) A child under the age of 12 may be referred to and required to participate in any pre-arrest diversionary program administered by the Division of Youth Rehabilitative Services, and such child may be referred to the Division of Prevention and Behavioral Health, the Division of Family Services, or any other state agency if the child is believed to be abused, neglected, dependent or otherwise in need of services. Notwithstanding any provisions to the contrary, referrals under this subsection shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is eligible upon reaching age 12.

(3) A child under the age of 12, who could otherwise be charged with a Title 11 violent felony or a misdemeanor crime of violence if the child were 12 or older, shall be referred to the Juvenile Civil Citation Program under this title. Such child shall be assessed for appropriate programs and services available through the Department of Services for Children, Youth and Their Families. Referrals and participation in the Juvenile Civil Citation Program, shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is otherwise eligible upon reaching the age of 12.

(c) Except as provided under § 1009(c)(4) of this title, the Court may not order a child or the child’s parent, guardian, or custodian to pay any of the following:

(1) A fine.

(2) A fee.

(3) A cost.

(4) A sum of money to cover the support of the child if placed in a secure or nonsecure detention or residential placement facility operated by the Department of Services for Children, Youth, and Their Families.
10 Del. C. § 9525 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9525
§ Â
        9525. Deposit for cost; representation of an artificial entity.
Status: in_force

(a) No civil action shall be brought before any justice of the peace, in this State, unless the person bringing such action first makes a deposit of $5.00 with the justice of the peace before whom the person brought the action, to be applied to the costs of such action. The sum deposited shall be returned to the person depositing the same, if the money sued for is recovered.

(b) Where the person bringing the action under this subchapter is a corporation, the action may be prosecuted by an officer or employee of the corporation who need not be a duly licensed attorney-at-law provided, however, that officer or employee is duly qualified under Delaware Supreme Court Rule 57.
10 Del. C. § 1992 — Delaware Code / Title 10 / Chapter 19 / Subchapter VII / Section 1992
§ Â
        1992. Courts for which commissioners shall be appointed.
Status: in_force

Provisions of this subchapter shall apply to all courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State.
10 Del. C. § 1018 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1018
§ Â
        1018. Discretionary expungement.
Status: repealed

(a) The Family Court may grant a petition for expungement if the petitioner has no prohibitions pursuant to § 1015(b) of this title and the person’s juvenile criminal history contains 1 of the following:

(1) [Repealed.]

(2) A single case that resulted in an adjudication of delinquency for a “misdemeanor sex offense” or “violent felony,” as those terms are defined in § 1016 of this title, and at least 3 years have passed since adjudication.

(3) No more than 1 case which resulted in adjudication of delinquency for a felony sex offense and at least 5 years have passed since adjudication.

(4) Multiple adjudications for cases, excepting Title 11 violent felonies and felony sex offenses, and at least 5 years have passed since the last adjudication.

(5) Multiple adjudications for cases, that include Title 11 violent felonies and felony sex offenses, and at least 7 years have passed since the last adjudication.

(b) The petitioner shall cause a copy of any petition for discretionary expungement filed under this section to be served upon the Attorney General’s office, who may file an objection or answer to the petition within 30 days thereafter.

(c) Upon receipt of any petition for discretionary expungement that involves a violent felony for a “victim” as defined in § 9401 of Title 11 that was not terminated in favor of the child, the Attorney General’s office shall contact each victim under § 9414(a) of Title 11 to ascertain the victim’s position on the petition for expungement. The victim’s position, if known, shall be stated in the Attorney General’s answer to the petition.

(d) Unless the Court believes a hearing is necessary and upon consideration and review of any comments or objections received from victim(s) pursuant to subsection (c) of this section, petitions filed pursuant to this section shall be disposed of without a hearing. If the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records and all other indicia of arrest, including any electronic records, relating to the charge or case. Otherwise, it shall deny the petition. Although the Court will recognize a rebuttable presumption that juvenile records cause a manifest injustice for the petitioner, the burden shall nevertheless be on the petitioner to allege specific facts in support of that petitioner’s allegation of manifest injustice, and the burden shall be on the petitioner to prove such manifest injustice by a preponderance of the evidence.

(e) The Attorney General’s office shall be made party defendant to a proceeding for discretionary expungement. Any party aggrieved by the decision of the Court may appeal, as prescribed by Delaware law.

(f) Notwithstanding any provision of this subchapter or any other statute or rule to the contrary, the Attorney General or the Attorney General’s designee responsible for prosecuting a delinquency action may petition the Court to expunge the instant arrest record of a child if, at the time of a state motion to dismiss or entry of a nolle prosequi in the case, the State has determined that the continued existence and possible dissemination of information relating to the arrest of the child for the matter dismissed, or for which a nolle prosequi was entered, may cause circumstances which constitute a manifest injustice to the juvenile.

(g) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.

(h) [Repealed.]
10 Del. C. § 5203 — Delaware Code / Title 10 / Chapter 52 / Section 5203
§ Â
        5203. Variation by agreement.
Status: in_force

(a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.

(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for 1 aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
10 Del. C. § 8139 — Delaware Code / Title 10 / Chapter 81 / Section 8139
§ Â
        8139. Limitation on civil actions by criminal defendants.
Status: in_force

(a) No civil action for the recovery of damages for a cause of action, as specified in subsection (b) of this section, shall be brought by or on behalf of any person who has:

(1) Been convicted for any felony class A, B, C, D or E except §§ 503, 876, 932 through 936, 1109, 1223, 1352, 1361, 1442, 1448, 1455, 1457 and 1503 of Title 11;

(2) Been convicted of § 629, § 630, § 768, § 769, § 782, § 801, § 824, § 1252, § 1302, or § 1312A of Title 11; or

(3) Not been convicted for any predicate felony listed in paragraph (a)(1) or (2) of this section, but has displayed conduct that but for the person’s death or incapacity he or she would have been convicted of such a felony.

(b) “Cause of action,” as used in subsection (a) of this section, shall mean any claim for alleged personal injuries where the alleged injury has been sustained by that person while committing, during the course of or in the immediate flight from the crime or alleged crime referenced in subsection (a) of this section, or while that person was attempting to escape or prevent a police officer from effecting an arrest for that crime or alleged crime.

(c) Nothing contained in this section shall be construed as barring a cause of action against a public entity or a public official for violating the civil rights of such person where those rights are specifically granted or protected by the Constitution or statutes of the United States or the Constitution or statutes of the State of Delaware.
10 Del. C. § 6905 — Delaware Code / Title 10 / Chapter 69 / Section 6905
§ Â
        6905. Application.
Status: in_force

Application for a writ of habeas corpus may be made by the party complaining, or anyone for such party, setting forth upon oath, where and by whom, and for what cause, to the best of his or her knowledge, such party is imprisoned or restrained of liberty, and exhibiting a copy of the commitment, if there be any, or showing why such copy could not be procured.
10 Del. C. § 4709 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4709
§ Â
        4709. Prothonotary to enter Supreme Court judgment.
Status: in_force

The prothonotary of the Court below to whom a record remanded with a duly certified copy of the proceedings and judgment of the Supreme Court is delivered, shall without delay file it, and enter upon the docket of the Court below, in connection with the entries of the proceedings in the cause in the Court, the proceedings and judgment of the Supreme Court, with the date of making such entry.
10 Del. C. § 9541 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9541
§ Â
        9541. Costs.
Status: in_force

(a) Whichever party recovers judgment shall recover that party’s costs of suit, to be allowed and collected by force of the judgment, as a part thereof.

(b) If plaintiff, upon claiming a new trial, recovers no more than $5.00, exclusive of costs, the defendant shall be allowed his or her costs in the new trial.

(c) If the plaintiff is nonsuited, or discontinues or withdraws his or her action, judgment shall be given for the defendant for costs.
10 Del. C. § 8107 — Delaware Code / Title 10 / Chapter 81 / Section 8107
§ Â
        8107. Actions subject to 2-year limitation.
Status: in_force

No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.
10 Del. C. § 1923 — Delaware Code / Title 10 / Chapter 19 / Subchapter I-A / Section 1923
§ Â
        1923. Public display or public posting of a judicial officerâs personal information by persons.
Status: in_force

(a) Prohibited conduct. —

(1) No person shall publicly post or publicly display the personal information of a judicial officer or their family if the judicial officer has made a written request under § 1924 of this title of that person not to disclose such personal information.

(2) No person shall share, solicit, sell, or trade the personal information of a judicial officer or their family with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or their family.

(b) Required conduct. —

(1) After a person has received a written request from a judicial officer to protect the personal information of the judicial officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory.

(2) After a person has received a written request from a judicial officer, that person shall ensure that the judicial officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.

(3) After receiving a judicial officer’s written request, a person may not transfer the judicial officer’s personal information to any other person through any medium.

(c) Remedies. —

(1) Equitable relief. —

A judicial officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the judicial officer’s costs and reasonable attorneys’ fees.

(2) Private right of action. —

A judicial officer or family member who is aggrieved by a violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount:

a. Not greater than 3 times the actual damages to the plaintiff; and

b. Not less than $10,000.

(3) Criminal penalties. —

Public posting or display of a judicial officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.

(d) Affirmative defense. —

Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.
10 Del. C. § 6907 — Delaware Code / Title 10 / Chapter 69 / Section 6907
§ Â
        6907. Method of service; return.
Status: in_force

(a) When the writ of habeas corpus is served on the person to whom it is directed, either personally or by being left with any deputy or agent of the person at the place where the prisoner is detained, such person shall, without delay and within 3 days thereafter, produce the body of the prisoner as therein commanded; and shall fully certify in writing and under oath, the true cause or causes of the prisoner’s detainer, and a copy of all process under which the prisoner is detained.

(b) The return may be contradicted, and may also be amended.
10 Del. C. § 5073 — Delaware Code / Title 10 / Chapter 49 / Subchapter XII / Section 5073
§ Â
        5073. Execution on judgments of the Court of Common Pleas or justices of the peace.
Status: in_force

An execution may be issued upon a judgment recovered before the Court of Common Pleas or a justice of the peace, and of which a transcript has been filed and entered in the Superior Court, or on a judgment upon an appeal from the Court of Common Pleas or a justice of the peace, at any time within 5 years from entering the transcript, or giving the judgment on appeal, without scire facias, unless it is necessary to make a party defendant. A party plaintiff may be made by suggesting the facts and stating the proper party on the record, without scire facias, and the proceeding shall be in the name of the proper party so stated.
10 Del. C. § 3904 — Delaware Code / Title 10 / Chapter 39 / Section 3904
§ Â
        3904. Suits and judgments by and against unincorporated associations.
Status: in_force

An unincorporated association of persons, including a partnership, using a common name may sue and be sued in such common name and a judgment recovered therein shall be a lien like other judgments, and may be executed upon by levy, seizure and sale of the personal and real estate of such association, and also that of the persons composing such association in the same manner with respect to them as if they had been made parties defendant by their individual names. Satisfaction thereof may also be obtained by attachment process.
10 Del. C. § 1025 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1025
§ Â
        1025. Expungement of adult police and court records.
Status: in_force

If a person is charged with or convicted of a crime in Family Court, expungement may be sought under subchapter VII of Chapter 43 of Title 11.
10 Del. C. § 5356 — Delaware Code / Title 10 / Chapter 53A / Section 5356
§ Â
        5356. Form of unsworn declaration.
Status: in_force

An unsworn declaration under this chapter must be in substantially the following form:

I declare under penalty of perjury under the law of Delaware that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Executed on the ________ day of ________________ (month), ________ (year), at ________________________________ (city or other location, and state), ________________________________ (country).

________________________________________________________________ (printed name)

________________________________________________________________ (signature)
10 Del. C. § 4003 — Delaware Code / Title 10 / Chapter 40 / Subchapter I / Section 4003
§ Â
        4003. Political subdivisions; limitations on liability.
Status: in_force

Any political subdivision of the State, including the various school districts, and their officers and employees shall be entitled to the same privileges and immunities as provided in this chapter for the State and its officers and employees; provided that the public officers and employees of any such political subdivision shall only be indemnified if the governing body of the subdivision shall expressly so provide, and then only to the extent that the subdivision shall appropriate all funds necessary therefor.
10 Del. C. § 1983 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI / Section 1983
§ Â
        1983. Compensation of commissioners.
Status: in_force

After the commissioners appointed under § 1982 of this title have certified the indices, the County Council of Sussex County shall pay to the commissioners a just and reasonable compensation for their services, to be fixed by the County Council upon the application of such commissioners. With each application there shall be presented to the County Council a sworn itemized account of the time spent, expenses incurred and disbursements made, if any, by the commissioners in and about the preparation or examination of the records or indices so made or examined by them.
10 Del. C. § 369 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 369
§ Â
        369. Issues of fact triable by jury.
Status: in_force

When matters of fact, proper to be tried by a jury, arise in any cause depending in Chancery, the Court of Chancery may order such facts to trial by issues at the Bar of the Superior Court.
10 Del. C. § 9584 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9584
§ Â
        9584. Form of writ; form of Garnisheeâs Notice of Service.
Status: in_force

(a) The form of a writ of attachment shall be as follows:

“ County, ss. The State of Delaware,

To any constable, greetings:

We command you to attach the goods and chattels, rights and credits of , the debtor, in order to make good to , the plaintiff, a cause of action wherein the sum of $ is demanded, and that you serve any garnishee of the said debtor found in your bailiwick with 2 copies of this writ, 2 copies of the Affidavit for Attachment filed by the plaintiff and a Garnishee Notice of Service form; and you have then there this warrant, with your doings hereon duly certified.

TO GARNISHEE: You are hereby ordered under penalty of contempt to hand deliver forthwith to , the debtor, a copy of this writ and a copy of the Affidavit for Attachment; and to return a completed copy of the Garnishee Notice of Service form to the Court as soon as service upon the said debtor is effectuated; and to withhold 15% of the said debtor’s net earnings from the debtor’s next regularly scheduled paycheck only and to hold same until released by order of the Court.

TO DEBTOR: 15% of your net wages from your next scheduled paycheck have been attached for the reasons set forth in the Affidavit for Attachment. The withholding of your wages shall be released by the Court if you: (1) Appear at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m. before final judgment and enter your appearance acknowledging that you will answer the plaintiff’s demand and satisfy any judgment rendered against you in such suit; or (2) appear at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., and contest the attachment, in which event the Court will conduct an immediate ex parte post-deprivation hearing on the seizure of your wages and shall dissolve the attachment if the Court determines that there no longer exists a factual basis demonstrating the need for the writ; or (3) appear for trial which is scheduled for the day of , 20, at a.m./p.m. at Court No. , located at You are further advised that failure to appear for trial will result in a default judgment being entered against you.

Witness my hand and seal this day of , 20

Justice of the Peace”

(b) The form of the Garnishee’s Notice of Service shall be as follows:

“Garnishee’s Notice of Service

To:  Clerk of the Court, Justice of the Peace

 Court No.

Please be advised that I , garnishee in Civil Action No. , wherein is plaintiff and is the debtor, do hereby certify that a copy of the Writ of Attachment and a copy of the Affidavit for Attachment were served upon the debtor at a.m./p.m. on the day of , 20 I further certify that 15% of the debtor’s next scheduled paycheck will be attached and held by the garnishee until released by the Court.

For Garnishee”

Complete below only if applicable

Please be advised that I , garnishee in Civil Action No. , wherein is the plaintiff and is the debtor, do hereby certify this day of , 20, that the said debtor is not an employee of the garnishee and that, therefore, garnishee requests that the garnishee be released from obligations under the Writ of Attachment and is willing to appear to deny that there is anything of the debtor’s in my hands or possession if summoned by the Court for this or other purpose.

For Garnishee”
10 Del. C. § 7331 — Delaware Code / Title 10 / Chapter 73 / Subchapter II / Section 7331
§ Â
        7331. Courtâs powers with respect to trustees.
Status: in_force

The court may, in its discretion, require the trustee or trustees to give bond with security to the State for the faithful execution of the trust. It may, in its discretion, remove the trustee or trustees and compel an assignment of the trust estate to others appointed in their stead. It may order an inventory and appraisement of the trust estate and effects to be made and returned to the court, and may require accounts, touching the execution of the trust, to be rendered, and shall adjust and settle such accounts.

Any order by the court in the premises may be enforced by attachment and imprisonment.
10 Del. C. § 9551 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9551
§ Â
        9551. Appeal from proceeding by garnishee.
Status: in_force

(a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases.

(b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on in the name of the garnishee upon special application to the justice in that behalf, upon becoming bound with surety to the satisfaction of the justice for the prosecution of the appeal, etc., as in other cases; in which case the garnishee shall be indemnified for all costs arising upon the appeal.

(c) Any creditor who makes a defense in the original proceedings before the justice shall likewise, before being admitted to defend, give security to the satisfaction of the justice for any legal costs which may be incurred in making such defense in case it proves unsuccessful.

(d) In the prosecution of the appeal in the Court of Common Pleas, any defense which might be made before the justice may be made before the Court.
10 Del. C. § 4705 — Delaware Code / Title 10 / Chapter 47 / Subchapter I / Section 4705
§ Â
        4705. Priority of judgments entered same day.
Status: in_force

If several judgments are entered against the same person, on the same day, the first entered has priority. If where there are several judgments against the same person, it does not appear, by the entries, which was first entered, they shall, when given in actions previously commenced, have priority according to the priority of the dates of the actions in which they are respectively given.
10 Del. C. § 148 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 148
§ Â
        148. Time for appeal from final judgment of the Superior Court in civil actions.
Status: in_force

No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

This section shall not affect the time for cross-appeals provided in § 149 of this title.
10 Del. C. § 909 — Delaware Code / Title 10 / Chapter 9 / Subchapter I / Section 909
§ Â
        909. Administrator; qualifications; duties.
Status: in_force

There shall be an Administrator who shall possess an earned bachelor’s degree and who shall have 3 years of supervisory experience in either governmental or private business administration or its equivalent. Under the Chief Judge’s supervision, he or she shall:

(1) Be secretary to the Court in matters that pertain to the business administration of the Court.

(2) With the Director of Treatment Services, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court.

(3) Submit to the Court a proposed budget for the ensuing fiscal year showing the total number of employees needed, classifications of employees and proposed salaries, and other anticipated expenses of the Court.

(4) Prepare the vouchers for salaries and expenses of the Court, which shall be signed by the Administrator and countersigned by the Chief Judge, or in the Chief Judge’s absence, by any Judge, and forward them to the Secretary of Finance for payment.

(5) Prepare and keep current an inventory of the Court’s capital assets.

(6) Regularly and frequently visit the Court in each county.

(7) Perform all duties prescribed by the Chief Judge.
10 Del. C. § 5017 — Delaware Code / Title 10 / Chapter 49 / Subchapter VII / Section 5017
§ Â
        5017. Stay of execution of writ.
Status: in_force

On making the rule for a writ of possession absolute, the court may direct a reasonable stay of execution. If the person in possession is a tenant, execution shall be stayed until the usual expiration of the year of tenants, according to the custom of letting in the place, or neighborhood, wherein the premises are situate.
10 Del. C. § 5801 — Delaware Code / Title 10 / Chapter 58 / Section 5801
§ Â
        5801. Definitions.
Status: in_force

For purposes of this chapter only, unless the context requires otherwise:

(1) “Agreement” means an agreement described in § 5803(a) of this title.

(2) “Arbitration” means an arbitration provided for under this chapter.

(3) “Arbitrator” means a person named in an agreement, selected under an agreement, or appointed by the parties to an agreement or the Court of Chancery, to preside over an arbitration and issue a final award. If an arbitration proceeds before more than 1 arbitrator,

a. References in this chapter to an arbitrator shall be deemed to be references to the arbitrators; and

b. Unless otherwise provided in an agreement, references in this chapter to an act of an arbitrator shall be deemed to be references to an act of a majority of the arbitrators.

(4) “Final award” means an award designated as final and issued in an arbitration by an arbitrator.

(5) “Organization” means a civic association, neighborhood alliance, homeowners maintenance corporation, homeowners maintenance association, common interest community (as defined in § 81-103 of Title 25), or other similar entity charged with or assuming the duties of maintaining the public areas, open space, or common facilities within a residential development or community.
10 Del. C. § 9586 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9586
§ Â
        9586. Service on garnishee; compelling attendance.
Status: in_force

(a) The service of an attachment on a garnishee may be made in the same way as service of an original summons.

(b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee’s appearance by process, and may commit the garnishee if he or she refuses to answer or plead as required.

(c) The day for the garnishee’s answer, or plea, may be adjourned by the justice, if necessary.

(d) If the justice has not received from the garnishee a copy of the Garnishee’s Notice of Service form within 10 days after receipt thereof by the garnishee, the justice shall issue process to compel the appearance of the said garnishee.
10 Del. C. § 8711 — Delaware Code / Title 10 / Chapter 87 / Section 8711
§ Â
        8711. Constable.
Status: in_force

The fees of a constable, for the services specified, shall be as listed below:

   For attendance upon the Superior Court, each day, to be paid by the county treasurer upon certificate of attendance under the hand of the Prothonotary, the sum of $2.00, and 3 cents per mile going and returning. A constable shall not be allowed for attendance upon 2 courts sitting at the same time.

   For attendance on behalf of the county government, each day, to be paid by the county, $2.00, and 3 cents per mile, going and returning.

   For attendance as bailiff on petit or special jury during trial, until verdict, 50 cents; provided, that all constables appointed outside of the City of Wilmington and south of the Chesapeake and Delaware Canal shall be paid mileage at the rate of 5 cents per mile both going and returning in all cases where constables now receive mileage.
10 Del. C. § 931 — Delaware Code / Title 10 / Chapter 9 / Subchapter II / Section 931
§ Â
        931. Concurrent jurisdiction â Mental health.
Status: in_force

(a) Purpose. —

The purpose of jurisdiction under this section is to extend Family Court’s jurisdiction under Chapter 50 of Title 16 over a specific category of youths.

(b) Scope. —

(1) This section applies only to a youth who was under DSCYF custody when the youth attained 18 years of age and both of the following apply:

a. At the time of attaining 18 years of age, the youth was identified or diagnosed with a mental condition as defined in § 5001 of Title 16.

b. After attaining 18 years of age, but prior to attaining the age of 26 years of age, the youth is subject to proceedings in Superior Court under Chapter 50 of Title 16.

(2) Family Court’s jurisdiction under this section:

a. May continue until the youth attains 26 years of age.

b. Does not affect the youth attaining the age of majority on the youth’s eighteenth birthday, and DSCYF custody of a youth terminates by operation of law when the youth attains 18 years of age.

c. May be concurrent with jurisdiction under § 928 or § 929 of this title.

(c) Procedure. —

(1) In any proceeding under Chapter 50 of Title 16 involving a youth who meets the criteria of this section, the Superior Court may, upon notification by the youth or by its own initiative, transfer the case to the Family Court for further proceedings under Chapter 50 of Title 16. Transfer of a case may occur in conjunction with the youth’s first appearance in the Superior Court or as soon as practicable thereafter.

(2) When a youth under the jurisdiction of the Family Court under this section attains 26 years of age, the Family Court shall transfer that youth’s case to the Superior Court.

(3) The Family Court and the Superior Court may establish procedures for all of the following:

a. The identification of youths who meet the criteria of this section.

b. The transfer of cases between the 2 Courts.

(4) Upon transfer of a case under paragraph (c)(1) of this section, the Family Court shall utilize and apply the same procedure and legal standard in Chapter 50 of Title 16 that the Superior Court would otherwise apply to an individual of the same age as the youth.
10 Del. C. § 2315 — Delaware Code / Title 10 / Chapter 23 / Section 2315
§ Â
        2315. Affidavits.
Status: in_force

The prothonotary may take all affidavits to be used in the Superior Court.
10 Del. C. § 1942 — Delaware Code / Title 10 / Chapter 19 / Subchapter II / Section 1942
§ Â
        1942. Law library in Kent County as official law library for State.
Status: in_force

The law library in Kent County is designated as the official law library of the State. Any law books, statutes, legal periodicals, or other legal material suitable for a state law library received by the State on an exchange basis or on any other basis and not specifically acquired by or for some other subdivision of the State shall be deposited in the law library in Kent County.
10 Del. C. § 5204 — Delaware Code / Title 10 / Chapter 52 / Section 5204
§ Â
        5204. Determining money of the claim.
Status: in_force

(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.

(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:

(1) Regularly used between the parties as a matter of usage or course of dealing;

(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or

(3) In which the loss was ultimately felt or will be incurred by the party claimant.
10 Del. C. § 7384 — Delaware Code / Title 10 / Chapter 73 / Subchapter VI / Section 7384
§ Â
        7384. Proceedings on bond.
Status: in_force

Upon the application of any person interested, the Court of Chancery may direct the bond provided under § 7383 of this title to be proceeded on if it deems it necessary and proper for the protection of such interested party.
10 Del. C. § 5718 — Delaware Code / Title 10 / Chapter 57 / Section 5718
§ Â
        5718. Transfer of money damage award to Superior Court; lien on real estate.
Status: in_force

(a) Upon the granting of an order confirming, modifying or correcting an award for money damages, a duly certified copy of the award and of the order confirming, modifying or correcting the award shall be filed with the prothonotary of the Superior Court in the county where the arbitration was conducted and the award made. The prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the award, the time from which interest, if any, runs, and the amount of the costs, with the true date of such filing and entry. A confirmed award, so entered, shall constitute a judgment or decree on the docket with the same force and effect as if rendered in an action at law.

(b) Any confirmed award so transferred as authorized by subsection (a) of this section, shall, from that date, become and be a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of that Court.
10 Del. C. § 7108 — Delaware Code / Title 10 / Chapter 71 / Section 7108
§ Â
        7108. Notice to interested parties.
Status: in_force

(a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is an owner or landlord, notice shall also be served by leaving a copy of the complaint at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the owner or landlord whose responsibility it is to accept such notice. If the owner or landlord is an artificial entity pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. Where the in personam defendant is a tenant, notice shall also be served by leaving a copy of the complaint at the person’s rental unit or usual place of abode with an adult person residing therein. After filing an affidavit that personal service cannot be had after due diligence on 1 or more in personam defendants, within 20 days after the filing of the complaint, the plaintiff may serve a copy of the complaint by registered or certified mail or first class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the owner or landlord at the owner or landlord’s business address as set forth in the lease or as otherwise provided by the owner or landlord, or if the owner or landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business, or if the defendant is a tenant, to said tenant at the leased premises. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. The plaintiff shall also cause a copy of the complaint to be affixed conspicuously to the premises alleged to be the site of a nuisance. Service shall be deemed completed 5 days after filing with the court proof of such mailing and an affidavit that a copy of the complaint has been affixed to the premises.

(b) All tenants or residents of any premises which is used in whole or in part as a business, home, residence or dwelling, other than transient guests of a guest house, hotel, or motel, who may be affected by any order issued pursuant to this chapter shall be provided such reasonable notice as shall be ordered by the court and shall be afforded opportunity to be heard at all hearings.
10 Del. C. § 4983 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4983
§ Â
        4983. Deed by sheriff after expiration of term.
Status: in_force

Whenever an execution for sale of lands and tenements shall be directed and delivered to a sheriff in office, whose term expires before the confirmation of the sale made under and by virtue of the execution, or whose term expires after confirmation of the sale, but before the execution and acknowledgment of the deed to be made in pursuance thereof, then and in either case the sheriff making the sale may as late sheriff make, execute and acknowledge a deed for the lands and tenements so sold to the purchaser thereof in pursuance of the confirmation, and the deed so made, executed and acknowledged by the sheriff as late sheriff shall be good and valid in law. Such deed shall be made, executed and acknowledged by the sheriff within 2 years from the date of the confirmation of the sale.
10 Del. C. § 1314 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1314
§ Â
        1314. Bonds of Clerks and Deputy Clerks.
Status: in_force

Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continuance therein. The bond shall be approved by the Chief Judge. Should any Clerk or Deputy Clerk so appointed fail to give bond as required within 30 days from the date of appointment, the Court shall make a new appointment.
10 Del. C. § 1007B — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1007B
§ Â
        1007B. Use of restraints on a child.
Status: in_force

(a) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, may not be used on a child during a court proceeding and must be removed either prior to or after the child has entered the courtroom for an appearance before the Court unless the Court finds both of the following conditions are met:

(1) The use of restraints is necessary due to 1 of the following factors:

a. The juvenile is presently uncontrollable and constitutes a serious and evident danger to the juvenile or others;

b. There are safety risks for the youth or staff in the courtroom, including but not limited to the presence of known gang associates, or other individuals including relatives, who could pose a risk to youth and staff;

c. The juvenile has a history of noncompliance with law enforcement, court security, and DYRS staff, including evidence of prior attempts to escape custody, disruptive behavior at a detention facility, and other relevant factors.

(2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law-enforcement officers, or bailiffs.

(b) In making a determination that restraints are necessary, the Court may receive and consider such information and evidence it believes relevant to the findings required by subsection (a) of this section. The Court shall provide the child or child’s attorney an opportunity to be heard as part of any hearing to determine whether the use of restraints is necessary. If restraints are ordered, the Court shall make written findings of fact in support of the order.

(c) Any use of restraints shall allow the child limited movement of the hands to read and handle documents and writings necessary to the hearing.
10 Del. C. § 7106 — Delaware Code / Title 10 / Chapter 71 / Section 7106
§ Â
        7106. Jurisdiction; complaint; notice of lis pendens.
Status: in_force

(a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located.

(b) At or before the commencement of the action a verified complaint alleging the facts constituting the criminal nuisance shall be filed in the office of the prothonotary of Superior Court, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby. Such notice of lis pendens shall be immediately recorded by the prothonotary.

(c) The Court shall have in rem jurisdiction over the premises alleged to be a criminal nuisance, and the complaint initiating the civil action pursuant to this chapter shall name as a defendant the premises involved, describing it by block, lot number and street address, or by such means as are appropriate in the circumstances.
10 Del. C. § 5719 — Delaware Code / Title 10 / Chapter 57 / Section 5719
§ Â
        5719. Appeals.
Status: in_force

(a) Appeals may be taken from:

(1) A final order denying a complaint seeking to compel arbitration made under § 5703(a) of this title;

(2) An order granting an application to enjoin arbitration made under § 5703(b) of this title;

(3) A final order confirming or denying confirmation of an award;

(4) A final order modifying or correcting an award;

(5) A final order vacating an award without directing a rehearing; or

(6) A final judgment or decree entered pursuant to the provisions of this chapter.

(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
10 Del. C. § 3919 — Delaware Code / Title 10 / Chapter 39 / Section 3919
§ Â
        3919. Defense in civil libel actions.
Status: in_force

In actions for damages for the writing or publishing of a libel, where the truth is pleaded and given in evidence, if it is found that the same was written or published properly for public information, and with no malicious or mischievous motives, the court or jury may find for the defendant.
10 Del. C. § 302 — Delaware Code / Title 10 / Chapter 3 / Subchapter I / Section 302
§ Â
        302. Terms of Court.
Status: in_force

The Court of Chancery in and for each county of the State shall have 1 term each year which shall coincide with the calendar year.
10 Del. C. § 9576 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9576
§ Â
        9576. Remedy against deceased surety; assignment of creditorâs remedies to surety.
Status: in_force

(a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety.

(b) A surety paying a judgment, or the surety’s executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators.
10 Del. C. § 1984 — Delaware Code / Title 10 / Chapter 19 / Subchapter VI-A / Section 1984
§ Â
        1984. Revision of indices.
Status: in_force

Where the index or indices of any record of the Superior Court or the office of the prothonotary needs renewing, revising, altering or recopying, or any of such records are not sufficiently indexed or are in need of a new or better system of ascertaining their contents or need renewing for preservation purposes, the Superior Court may order that a renewed, revised, altered, recopied or sufficient index be made of any such records.
10 Del. C. § 5103 — Delaware Code / Title 10 / Chapter 51 / Section 5103
§ Â
        5103. Writs of prohibition or mandamus.
Status: in_force

In all cases of writs of prohibition or of writs of mandamus, the costs of each case shall be taxed by the court having jurisdiction of the cause, as it deems equitable and just.
10 Del. C. § 7509 — Delaware Code / Title 10 / Chapter 75 / Section 7509
§ Â
        7509. Lien on lands of public officer as obligor.
Status: in_force

Every recognizance or obligation acknowledged for a penal sum, with condition for the performance, by an officer, of the duties of the officer’s office, or of any public trust, shall, from the caption of such recognizance, or from the time of the acknowledging and approving of such obligation, be a lien upon all the lands and tenements of the officer, being the principal obligor therein, within the county wherein such recognizance or obligation is taken or acknowledged. The recognizance or obligation shall not be a lien upon the lands and tenements of the sureties therein.
10 Del. C. § 3722 — Delaware Code / Title 10 / Chapter 37 / Subchapter II / Section 3722
§ Â
        3722. Liability notwithstanding death.
Status: in_force

(a) An action may be maintained against a person whose wrongful act causes the death of another.

(b) If the death of a person was caused by a wrongful act, neglect or default of a vessel, an action in rem may be maintained against the vessel.

(c) If a person whose wrongful act caused the death of another dies before an action under this section is commenced, the action may be maintained against a personal representative.
10 Del. C. § 4734 — Delaware Code / Title 10 / Chapter 47 / Subchapter II / Section 4734
§ Â
        4734. Court of Chancery judgments for payment of money.
Status: in_force

The prothonotary of each county shall, upon the receipt of any judgment or order from the Court of Chancery, calling for the payment of a sum of money, enter the same in accordance with the directions of the Court as provided in the judgment or order. The judgment or order, or part thereof, shall be entered in the same manner and form and in the same books and indexes as judgments and orders entered in the Superior Court. After the entry thereof the judgments or orders or parts thereof calling for the payment of money shall have the same force and effect as though the judgment had been entered in the Superior Court.
10 Del. C. § 5904 — Delaware Code / Title 10 / Chapter 59 / Section 5904
§ Â
        5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, Â 2.].
Status: in_force

(a) Upon presentation of a petition for change of name under this chapter, and it appearing that the requirements of this chapter have been fully complied with, and there appearing no reason for not granting the petition, the prayer of the petition may be granted.

(b) If a parent or legal guardian of a minor files a petition under this chapter and seeks to add that parent’s or legal guardian’s surname to the minor’s surname either as an additional name or hyphenated with the minor’s previously existing surname, or if a legal guardian who holds permanent guardianship of a minor files a petition under this chapter and seeks to change that minor’s entire name, there is a presumption in favor of granting the petition. A parent or legal guardian opposing a petition filed under this chapter has the burden to overcome the presumption by establishing by clear and convincing evidence that the totality of the following factors demonstrates that granting the petition would cause the minor more harm than benefit:

(1) The length of time that a surname has been used for or by the minor.

(2) The minor’s reasonable preference for a surname.

(3) The effect of the change of the minor’s surname on the preservation and development of the minor’s relationship with each parent or legal guardian.

(4) The identification of the minor as a part of the family unit or, if applicable, multiple family units.
10 Del. C. § 5706 — Delaware Code / Title 10 / Chapter 57 / Section 5706
§ Â
        5706. Hearing.
Status: in_force

Unless otherwise provided by the agreement:

(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail, return receipt requested, not less than 5 days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The Court, on complaint or on application in an existing action, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

(2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

(3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
10 Del. C. § 5301 — Delaware Code / Title 10 / Chapter 53 / Subchapter I / Section 5301
§ Â
        5301. Generally.
Status: in_force

Any judge of any court in this State, any justice of the peace, or notary public, may, in any case in which an oath or affirmation is necessary or proper, administer such oath or affirmation.
10 Del. C. § 1306 — Delaware Code / Title 10 / Chapter 13 / Subchapter I / Section 1306
§ Â
        1306. Terms of Court.
Status: in_force

The designation and the duration of the terms of the Court and the nature of the proceedings to be conducted at each such term, shall be determined by the rules adopted for the Court.
10 Del. C. § 7802 — Delaware Code / Title 10 / Chapter 78 / Section 7802
§ Â
        7802. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

(2) “Deep fake” means synthetic media where 1 or both of the following applies:

a. The synthetic media appears to a reasonable person to depict a real individual saying or doing something that did not actually occur.

b. The synthetic media provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.

(3) “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image.

(4) “Disclosure” means transfer, publication, or distribution to another person. “Disclose” has a corresponding meaning.

(5) “Identifiable” means recognizable by a person other than the depicted individual from any of the following:

a. An intimate image itself.

b. An intimate image and identifying characteristic displayed in connection with the intimate image.

(6) “Identifying characteristic” means information that may be used to identify a depicted individual.

(7) “Individual” means a human being.

(8) “Intimate image” means a photograph, film, video recording, or other similar medium that shows 1 or more of the following:

a. The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual.

b. A depicted individual engaging in or being subjected to sexual conduct.

(9) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(10) “Sexual conduct” includes any of the following:

a. Masturbation.

b. Genital, anal, or oral sex.

c. Sexual penetration of, or with, an object.

d. Bestiality.

e. The transfer of semen onto a depicted individual.

(11) “Synthetic media” means an intimate image that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video.
10 Del. C. § 4915 — Delaware Code / Title 10 / Chapter 49 / Subchapter I / Section 4915
§ Â
        4915. Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, Â 5].
Status: in_force

(a) In addition to the exemptions provided in §§ 4902 and 4903 of this title, there shall be exempt from execution or attachment process assets held or amounts payable under any retirement plan, life insurance contract or annuity contract.

(b) Any amount qualifying as an “eligible rollover distribution” under § 402 of the Internal Revenue Code of 1986 [26 U.S.C. § 402], as amended, or as a “rollover contribution” under § 408 of the Internal Revenue Code of 1986 [26 U.S.C. § 408], as amended, is treated as an exempt amount under subsection (a) of this section for 60 days after the distribution of such amount. Such amount remains exempt from execution or attachment process if contributed to a retirement plan within 60 days of being distributed from a retirement plan.

(c) Any retirement plan described in subsection (a) of this section shall not be exempt from any claims for relief granted pursuant to Chapter 5 and/or Chapter 15 of Title 13.

(d) Any retirement plan described in subsection (a) of this section shall not be exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any and all alternate payees under a qualified domestic relations order shall be exempt from any and all claims of any creditor of the alternate payee. As used in this subsection, the terms “alternate payee” and “qualified domestic relations order” have the meaning ascribed to them in § 414(p) of the Internal Revenue Code of 1986 [26 U.S.C. § 414(p)], as amended.

(e) A participant or beneficiary of a retirement plan is not prohibited from granting a valid and enforceable security interest in the participant’s or beneficiary’s interest under the retirement plan to secure a loan to the participant or beneficiary from the plan, and the right to assets held in or to receive payments from the plan is subject to execution and attachment for the satisfaction of the security interest or lien granted by the participant or beneficiary to secure the loan.

(f) For purposes of this chapter, “retirement plan” means any plan, trust, account, agreement or other arrangement described in § 401, § 403, § 408, § 408A, § 409, § 414 or § 457 of the Internal Revenue Code of 1986 (26 U.S.C. § 401, § 403, § 408, § 408A, § 409, § 414 or § 457), as amended, including any such plan, trust, account, agreement or other arrangement that a decedent, upon or by reason of the decedent’s death, directly or indirectly transferred, conveyed, transmitted or otherwise left to, or for the benefit of, the owner or beneficiary by means of a will, trust, exercise of a power of appointment, beneficiary designation, transfer or payment on death designation, or any other method or procedure. The terms “life insurance contract” and “annuity contract” shall have the same meanings as under § 1035(b) of the Internal Revenue Code of 1986 (26 U.S.C. § 1035(b)), as amended.

(g) This section shall not exempt from execution or attachment any judgment obtained under § 554 of Title 30.

(h) If this section is held invalid or preempted by federal law, in whole or in part, it shall remain in effect to the maximum extent permitted by law.
10 Del. C. § 2113 — Delaware Code / Title 10 / Chapter 21 / Section 2113
§ Â
        2113. Administering oaths by deputies.
Status: in_force

Deputies may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded in the recorder’s office in the county in which the sheriff and deputy reside, it shall be as effectual in law as though it had been done by the sheriff.
10 Del. C. § 4936 — Delaware Code / Title 10 / Chapter 49 / Subchapter II / Section 4936
§ Â
        4936. Medical and funeral expenses.
Status: in_force

Whenever any sheriff or constable, by virtue of any execution process, supersedes an executor or administrator, and sells the goods and chattels of any deceased person, on whose estate there have been letters testamentary or of administration granted, he or she shall, out of the proceeds of the sale, and before applying any part thereof towards satisfying any execution, pay, first, funeral expenses of the deceased; second, the reasonable bills for medicine and medical attendance during last sickness of the deceased, and for nursing and necessaries for the last sickness of the deceased.
10 Del. C. § 5061 — Delaware Code / Title 10 / Chapter 49 / Subchapter XI / Section 5061
§ Â
        5061. Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, Â 3].
Status: in_force

(a) Subject to the provisions of §§ 5062A, 5062B, 5062C and 5062D of this title, upon breach of the condition of a mortgage of real estate by nonpayment of the mortgage money or nonperformance of the condition stipulated in such mortgage at the time and in the manner therein provided the mortgagee, the mortgagee’s heirs, executors, administrators, successors or assigns may, at any time after the last day whereon the mortgage money ought to have been paid or other conditions performed, sue out of the Superior Court of the county wherein the mortgage premises are situated a writ of scire facias upon such mortgage directed to the sheriff of the county commanding the sheriff to make known to the mortgagor, and those persons described in subsection (b) of this section and such mortgagor’s heirs, executors, administrators or successors that the mortgagor or they appear before the Court to show cause, if there is any, why the mortgaged premises ought not to be seized and taken in execution for payment of the mortgage money with interest or to satisfy the damages which the plaintiff in such scire facias shall, upon the record, suggest for the nonperformance of the conditions.

(b) In addition to the mortgagor, and such mortgagor’s heirs, executors, administrators or successors, the following persons shall be necessary parties in every mortgage foreclosure action:

(1) Record owners acquiring title subject to the mortgage (terre tenants) which is being foreclosed upon; and

(2) Persons having an equitable or legal interest of record, including an interest pursuant to a judicial sale or a statutory sale pursuant to § 8771 et seq. of Title 9.

(c) The following persons whose real or equitable interests in the real estate may be adversely affected by plaintiff’s cause of action shall not be deemed to be necessary parties and shall not be required to be joined as a defendant in mortgage foreclosure actions:

(1) Lien holders; and

(2) Tenants seised of an estate for years or at will.

Notice in writing, however, shall be given to the above classes of persons in the manner prescribed from time to time by the civil rules of the Superior Court of the State. It is the intent of this subsection that written notice be deemed sufficient in lieu of joinder to protect the property interests of the above classes of persons in the mortgaged real estate since those property interests are created and defined by the legal operations of existing statutes and law.

(d) The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof and the manner of notice to persons having an interest in the real estate which relate to mortgage foreclosure proceedings.

(e) Those persons identified in subsection (b) of this section need not be joined as necessary parties in a mortgage foreclosure action when their interest arises subsequent to the filing of the mortgage foreclosure action. Any person acquiring an interest defined in subsection (b) of this section subsequent to the filing of the foreclosure action and at least 30 days prior to the sheriff’s sale scheduled in the cause shall be given written notice in accordance with the rules of the Superior Court. Any person acquiring a property interest in real estate within 30 days prior to the sheriff’s sale scheduled in the cause shall not be entitled to receive written notice of the sale, the public records of the foreclosure being sufficient notice.
10 Del. C. § 370 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 370
§ Â
        370. Enforcement of judgments.
Status: in_force

The Court of Chancery may enforce obedience to its judgments by imprisonment of the body, or by sequestration of lands.
10 Del. C. § 9523 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9523
§ Â
        9523. Form of summons.
Status: in_force

The summons in an action under this subchapter shall be of the following form:

“________________________________ County, ss. The State of Delaware.

“TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED PROCESS SERVER:

“We command you to summon ________________________________, the defendant(s), and serve upon said defendant(s) a copy of this summons and complaint.

“TO THE DEFENDANT(S):

“Within 15 days after you receive this summons, excluding the day you receive it, you must complete and return to the Justice of the Peace Court, ________________________________ (address), the enclosed answer (or other such filing) if you deny owing all or part of the money claimed as a debt against you by the plaintiff in the complaint.

“Failure to file an answer, or other written document related to this claim, with the Justice of the Peace Court may result in a default judgment being entered against you and action may be taken by the plaintiff, such as the attachment of your wages or the attachment and sale of your property, to satisfy the judgment.

“DATED: ____________________________________________________________

“Justice of the Peace/Clerk”

________________
10 Del. C. § 4982 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4982
§ Â
        4982. Deed after execution by sheriffâs predecessor.
Status: in_force

A deed for lands and tenements, sold by virtue of a writ of venditioni exponas, directed to the predecessor of the sheriff at the time in office, such predecessor having seized and taken in execution such lands and tenements, shall be valid in law, without petition to, or order of, any court for making such deed.
10 Del. C. § 524 — Delaware Code / Title 10 / Chapter 5 / Subchapter II / Section 524
§ Â
        524. Crierâs fees, costs and allowances; collection and payment.
Status: in_force

(a) All fees, costs, allowances and other perquisites collected by any officer of the county or State for the use of the crier shall be paid by the officer collecting the same to the State Treasurer.

(b) All fees, costs, allowances and other perquisites, taxable as crier’s fees, shall be charged and collected by the county or state officers and by such officers paid to the respective State Treasurer.
10 Del. C. § 8115 — Delaware Code / Title 10 / Chapter 81 / Section 8115
§ Â
        8115. Forfeiture under penal statute.
Status: in_force

No civil action for a forfeiture upon a penal statute, whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of 1 year from the accruing of the cause of such action.
10 Del. C. § 366 — Delaware Code / Title 10 / Chapter 3 / Subchapter IV / Section 366
§ Â
        366. Compelling appearance of nonresident defendant.
Status: in_force

(a) If it appears in any complaint filed in the Court of Chancery that the defendant or any one or more of the defendants is a nonresident of the State, the Court may make an order directing such nonresident defendant or defendants to appear by a day certain to be designated. Such order shall be served on such nonresident defendant or defendants by mail or otherwise, if practicable, and shall be published in such manner as the Court directs, not less than once a week for 3 consecutive weeks. The Court may compel the appearance of the defendant by the seizure of all or any part of his or her property, which property may be sold under the order of the Court to pay the demand of the plaintiff, if the defendant does not appear, or otherwise defaults. Any defendant whose property shall have been so seized and who shall have entered a general appearance in the cause may, upon notice to the plaintiff, petition the Court for an order releasing such property or any part thereof from the seizure. The Court shall release such property unless the plaintiff shall satisfy the Court that because of other circumstances there is a reasonable possibility that such release may render it substantially less likely that plaintiff will obtain satisfaction of any judgment secured. If such petition shall not be granted, or if no such petition shall be filed, such property shall remain subject to seizure and may be sold to satisfy any judgment entered in the cause. The Court may at any time release such property or any part thereof upon the giving of sufficient security.

(b) The Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, the release of such property from seizure and for the sale of the property so seized, and may require the plaintiff to give approved security to abide any order of the Court respecting the property.

(c) Any transfer or assignment of the property so seized after the seizure thereof shall be void and after the sale of the property is made and confirmed, the purchaser shall be entitled to and have all the right, title and interest of the defendant in and to the property so seized and sold and such sale and confirmation shall transfer to the purchaser all the right, title and interest of the defendant in and to the property as fully as if the defendant had transferred the same to the purchaser in accordance with law.
10 Del. C. § 4754 — Delaware Code / Title 10 / Chapter 47 / Subchapter III / Section 4754
§ Â
        4754. Penalty for failure to enter within time limit.
Status: in_force

Any person who commits a default under § 4751 of this title, and such person’s executors or administrators, in addition to other penalties, shall be liable to the defendant in the judgment, or the executors or administrators of such defendant, in damages, to be recovered in a civil action. The damages shall be not less than $10, nor more than $500, except when special damages to a larger amount are alleged in the complaint and proved.
10 Del. C. § 4103 — Delaware Code / Title 10 / Chapter 41 / Section 4103
§ Â
        4103. Reversal of judgments for defects in form.
Status: in_force

No judgment shall be reversed for any defect or imperfection in matter of form which might, by law, have been amended.
10 Del. C. § 8802 — Delaware Code / Title 10 / Chapter 88 / Section 8802
§ Â
        8802. In forma pauperis.
Status: in_force

(a) Notwithstanding any Delaware law to the contrary, the courts shall promulgate rules under which an individual who is unable to pre-pay all court costs and fees may proceed in forma pauperis.

(b) Before an individual shall be permitted to proceed in forma pauperis for the purposes of this chapter, the individual must submit a sworn affidavit sufficient to allow the court to determine the ability of the affiant to pay all or any portion of the court costs and fees associated with the filing of an action in that court. Such affidavit shall contain a statement that the affiant is unable to pay the costs and fees, and shall provide complete information as to the affiant’s identity, the nature, source and amount of all of the affiant’s income, the affiant’s spouse’s income, all real and personal property owned either individually or jointly, all cash or bank accounts held either individually or jointly, any dependents of the affiant and all debts and monthly expenses. The affiant shall further swear or affirm that the information in the affidavit is true and correct and made under penalty of perjury.

(c) Intentionally omitting or falsifying information on the affidavit shall cause the court to recalculate the filing fee due. The amount that would have been due shall be trebled and the action shall be abated until the total amount is paid in full. Nothing in this section shall limit any court’s authority to take further action against the affiant in the court’s discretion.

(d) Nothing in this chapter shall be interpreted to preclude an individual from filing an action in forma pauperis if determined to be appropriate by the court, subject to the limitations set forth in § 8804(f) of this title.
10 Del. C. § 9542 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9542
§ Â
        9542. Judgments against executor or administrator.
Status: in_force

(a) Every judgment against an executor, or administrator, as such, shall be a judgment of assets, and shall not charge the executor or administrator absolutely, but only in case the executor or administrator, at the time the judgment is rendered, or before, or afterward, has assets which, according to law, ought to be applied to the cause of action.

(b) If an execution on a judgment against an executor or administrator is returned unsatisfied for want of assets, the creditor may sue out a scire facias, upon a suggestion of waste, against the executor or administrator; and if the defendant does not appear and show sufficient cause to the contrary, the defendant shall be deemed guilty of waste and shall be personally liable for the amount of the original judgment, with interest and costs, and judgment and execution shall be awarded accordingly, as for the defendant’s own debt. No such scire facias shall be issued until after the lapse of 1 year from the grant of letters of administration to the defendant.

(c) In all cases in which a question of assets shall be determined, that question shall be tried by the justice, and not by referees.
10 Del. C. § 8713 — Delaware Code / Title 10 / Chapter 87 / Section 8713
§ Â
        8713. Commissioners in Court of Chancery.
Status: in_force

The fees of a commissioner in the Court of Chancery, for the services specified, shall be as listed below:
10 Del. C. § 2308 — Delaware Code / Title 10 / Chapter 23 / Section 2308
§ Â
        2308. Mechanicsâ Lien Docket.
Status: in_force

The prothonotary shall keep a Mechanics’ Lien Docket and make all entries therein as provided by § 2724 of Title 25.
10 Del. C. § 1007C — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1007C
§ Â
        1007C. Appointment of counsel for juveniles.
Status: in_force

(a) A juvenile against whom delinquency proceedings have been initiated shall have the right to counsel at all stages.

(b) If a juvenile is not represented by counsel at the juvenile’s initial Family Court appearance, the Court shall order the Chief Defender to assign counsel to represent the juvenile.

(c) The juvenile’s right to be represented by counsel under subsection (a) of this section shall not be waived:

(1) By a juvenile of any age where the delinquent act the juvenile is accused of is a felony.

(2) By a juvenile of any age who is in the custody of the Division of Family Services.

(3) By a juvenile who is younger than 16 years of age at the time of the attempted waiver.

(4) By a juvenile whose family member, guardian, or custodian is the alleged victim of the delinquent act or whose interest is determined by the Court to be adverse to the juvenile’s interest.

(d) Unless prohibited pursuant to subsection (c) of this section, a juvenile may waive the right to counsel in accordance with Family Court Rules. However, no such waiver shall be permitted unless the juvenile has been informed of the juvenile’s right to counsel, and the consequences of a waiver, through an in-person meeting with counsel.

(e) Compensation for the services of appointed counsel may not be assessed against the juvenile, or the juvenile’s parent, guardian, or custodian in a delinquency or criminal proceeding.
10 Del. C. § 5111 — Delaware Code / Title 10 / Chapter 51 / Section 5111
§ Â
        5111. Certiorari to justice of the peace.
Status: in_force

If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution below, such exception is allowed; in which case, the plaintiff in the certiorari shall recover costs.
10 Del. C. § 6901 — Delaware Code / Title 10 / Chapter 69 / Section 6901
§ Â
        6901. Jurisdiction to grant writs.
Status: in_force

The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by the Family Court in other cases which are otherwise within its jurisdiction. A petition for the issuance of a writ of habeas corpus may be reviewed and decided by the judge issuing the order incarcerating the petitioner in the first instance.
10 Del. C. § 6908 — Delaware Code / Title 10 / Chapter 69 / Section 6908
§ Â
        6908. Examination by court.
Status: in_force

The court or judge shall, upon the return of a writ of habeas corpus, without delay, proceed to examine the causes of imprisonment or restraint, giving notice to any party interested, and to the Attorney General or the Attorney General’s deputy in cases of felony. The examination may be adjourned if necessary and the prisoner detained.
10 Del. C. § 6602 — Delaware Code / Title 10 / Chapter 66 / Section 6602
§ Â
        6602. Definitions.
Status: in_force

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

(1) “Annuity issuer” shall mean an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement;

(2) “Applicable law” shall mean:

a. The federal laws of the United States;

b. The laws of this State, including principles of equity applied in the courts of this State; and

c. The laws of any other jurisdiction:

1. Which is the domicile of the payee or any other interested party;

2. Under whose laws a structured settlement agreement was approved by a court; or

3. In whose courts a settled claim was pending when the parties entered into a structured settlement agreement;

(3) “Dependents” shall include a payee’s spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony;

(4) “Discounted present value” shall mean the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service;

(5) “Favorable tax determination” shall mean, with respect to a proposed transfer of structured settlement payment rights, any of the following authorities that definitively establishes that the federal income tax treatment of the structured settlement for the parties to the structured settlement agreement and any qualified assignment agreement, other than the payee, will not be affected by such transfer:

a. A provision of the United States Internal Revenue Code, United States Code Title 26 [26 U.S.C. § 130], as amended from time to time, or a United States Treasury regulation adopted pursuant thereto;

b. A revenue ruling or revenue procedure issued by the United States Internal Revenue Service;

c. A private letter ruling by the United States Internal Revenue Service with respect to such transfer;

d. A decision of the United States Supreme Court or a decision of a lower federal court in which the United States Internal Revenue Service has acquiesced;

(6) “Federal hardship standard” shall mean a federal standard applicable to transfers of structured settlement payment rights based on findings of a court or responsible administrative authority regarding the payees’ needs, as contained in the United States Internal Revenue Code, United States Code Title 26, as amended from time to time, or in a United States Treasury regulation adopted pursuant thereto;

(7) “Independent professional advice” shall mean the advice of an attorney, certified public accountant, actuary or other licensed professional adviser:

a. Who is engaged by a payee to render advice concerning the legal, tax and financial implications of a transfer of structured settlement payment rights;

b. Who is not in any manner affiliated with or compensated by the transferee of such transfer; and

c. Whose compensation for rendering such advice is not affected by whether a transfer occurs or does not occur.

(8) “Interested parties” shall mean, with respect to any structured settlement, the payee, any beneficiary designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement;

(9) “Payee” shall mean an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder;

(10) “Qualified assignment agreement” shall mean an agreement providing for a qualified assignment within the meaning of § 130 of the United States Internal Revenue Code, United States Code Title 26 (26 U.S.C. § 130), as amended from time to time;

(11) “Responsible administrative authority” shall mean, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement;

(12) “Settled claim” shall mean the original tort claim or workers’ compensation claim resolved by a structured settlement;

(13) “Structured settlement” shall mean an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers’ compensation claim;

(14) “Structured settlement agreement” shall mean the agreement, judgment, stipulation or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments;

(15) “Structured settlement obligor” shall mean, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement;

(16) “Structured settlement payment rights” shall mean rights to receive periodic payments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where:

a. The payee, the settlement obligor, the annuity issuer, or any other interested party is domiciled in this State;

b. The structured settlement agreement was approved by a court or responsible administrative authority in this State; or

c. The settled claim was pending before the courts of this State when the parties entered into the structured settlement agreement;

(17) “Terms of the structured settlement” shall include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement;

(18) “Transfer” shall mean any sale, assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration;

(19) “Transfer agreement” shall mean the agreement providing for transfer of structured settlement payment rights from a payee to a transferee; and

(20) “Transferee” or “payor” shall mean the person, firm or entity purchasing or receiving the assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration under a structured settlement agreement.
10 Del. C. § 7372 — Delaware Code / Title 10 / Chapter 73 / Subchapter V / Section 7372
§ Â
        7372. Imprisonment by United States or for other cause.
Status: in_force

No proceeding or order under subchapters I-IV of this chapter shall discharge any person imprisoned by the authority of the United States from such imprisonment, nor shall any such proceeding or order discharge any person from imprisonment for any other cause than that to which it relates. Such person, notwithstanding such proceeding or order, shall be detained for such other cause, according to the nature and effect thereof.
10 Del. C. § 1905 — Delaware Code / Title 10 / Chapter 19 / Subchapter I / Section 1905
§ Â
        1905. Adjournments of terms of court.
Status: in_force

Any court of this State may, from time to time, adjourn over any of the terms of such court for the purpose of hearing or trying causes, or doing other business necessary for expediting and ending actions or proceedings.
10 Del. C. § 564 — Delaware Code / Title 10 / Chapter 5 / Subchapter IV / Section 564
§ Â
        564. Mandamus.
Status: in_force

Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith which shall be served in the usual manner.
10 Del. C. § 1310 — Delaware Code / Title 10 / Chapter 13 / Subchapter II / Section 1310
§ Â
        1310. Law clerks.
Status: in_force

Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Court of Common Pleas may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
10 Del. C. § 2107 — Delaware Code / Title 10 / Chapter 21 / Section 2107
§ Â
        2107. Endorsement on documents of sheriffsâ fees.
Status: in_force

The sheriff shall endorse and return upon every writ, process or copy of an order of court, directed to or executed by the sheriff, the fees prescribed by law for all services under the same, specifying particularly every item. The sheriff shall not charge thereon a fee for any service not expressly provided for by law, nor a greater fee than is so provided. The sheriff shall not endorse or return a fee for any service not performed at the time the return is in fact made. If any sheriff fails to endorse such fees, or to specify the items, or in such endorsement and return any fee for any service not performed at the time the return is made, he or she shall be deemed derelict in the performance of his or her duties; but shall, nevertheless, pay such fees to the county treasurer.
10 Del. C. § 1047 — Delaware Code / Title 10 / Chapter 9 / Subchapter III / Section 1047
§ Â
        1047. Nonpreclusion of remedies.
Status: in_force

Nothing in this part shall preclude a petitioner or law-enforcement officer from filing criminal charges when probable cause exists.
10 Del. C. § 4971 — Delaware Code / Title 10 / Chapter 49 / Subchapter V / Section 4971
§ Â
        4971. Time of sale of goods and chattels.
Status: in_force

Goods and chattels, taken in execution by a sheriff shall not be sold until the expiration of 30 days after the levy thereon and notice thereof to the defendant, unless the court, issuing the execution, shall, upon application of the plaintiff, or of the officer holding the execution, and on its being shown that the goods and chattels are of a perishable nature, or will create a charge by keeping, order the same to be sold sooner. Such order shall direct reasonable notice of the sale, according to the circumstances.
10 Del. C. § 2316 — Delaware Code / Title 10 / Chapter 23 / Section 2316
§ Â
        2316. Purchase or contract for witness fees; penalty.
Status: in_force

The prothonotary shall not, directly or indirectly, purchase or contract for the fees of any witness attending the Superior Court. Any fees, so purchased, shall be forfeited. Any prothonotary who purchases such fees shall be fined double the amount of the fees purchased.
10 Del. C. § 3110 — Delaware Code / Title 10 / Chapter 31 / Section 3110
§ Â
        3110. Commencement of actions by attachment.
Status: in_force

Actions may be begun by attachment as provided in Chapter 35 of this title.
10 Del. C. § 9553 — Delaware Code / Title 10 / Chapter 95 / Subchapter II / Section 9553
§ Â
        9553. Levy; inventory.
Status: in_force

(a) The goods and chattels seized by virtue of an execution issued by a Justice of the Peace Court shall be inventoried by the officer levying the same.

(b) The property which any debtor is entitled to have set apart under any exemption law of the State shall be set apart and delivered to the debtor at the time when the levy is made, in the manner provided by law if requested by the debtor pursuant to Chapter 49 of this title.
10 Del. C. § 2501 — Delaware Code / Title 10 / Chapter 25 / Section 2501
§ Â
        2501. Definitions.
Status: in_force

As used in this chapter, the term “Register in Chancery Office” means the Register in Chancery of the Court of Chancery of the State, which shall be the Clerk’s Office of that Court. When the term “Chief Register in Chancery” or “Register in Chancery” are used in connection with natural persons, they shall have the meaning set forth in § 2509 of this title.
10 Del. C. § 8123 — Delaware Code / Title 10 / Chapter 81 / Section 8123
§ Â
        8123. Forcible entry and detainer.
Status: in_force

No writs shall be issued, by a justice of the peace or the Court of Common Pleas, upon a complaint of forcible entry, after 1 year from the time of such entry; or upon a complaint of forcible detainer merely, after the tenant has been in continued possession of the premises for 2 years. These limitations need not be pleaded, but they shall defeat any such suit whenever it appears that they apply to it.
10 Del. C. § 144 — Delaware Code / Title 10 / Chapter 1 / Subchapter III / Section 144
§ Â
        144. Failure to appeal from interlocutory order; consideration on final appeal.
Status: in_force

A failure to appeal from an interlocutory order, judgment or decree of the Court of Chancery or Superior Court shall not bar a party from making any objection to such interlocutory order, judgment or decree on appeal from the final order, judgment or decree.
10 Del. C. § 8905 — Delaware Code / Title 10 / Chapter 89 / Section 8905
§ Â
        8905. Unclaimed witness fees in New Castle County.
Status: in_force

Where witness fees in any civil action instituted in New Castle County have been taxed and paid as part of the costs, and remain unclaimed for a period of 6 months from the date of payment thereof, the prothonotary shall notify the witness at the witness’s last known address by registered mail, return receipt requested, of the fact that the witness fee is being held for the witness, and must be claimed within a period of 6 months from the date of such notice. When any of the witness fees have remained unclaimed for a period of 1 year from the date of payment, the prothonotary shall pay the unclaimed witness fees to the State Treasurer to be deposited to the credit of the general funds of the State. The prothonotary’s office may retain 15 percent of such unclaimed witness fees to defray the costs incident to carrying out the provisions of this section.
10 Del. C. § 5105 — Delaware Code / Title 10 / Chapter 51 / Section 5105
§ Â
        5105. Cases not specially provided for.
Status: in_force

Concerning costs on petitions, motions, rules and interlocutory matters not specially provided for, the court shall make such order in each case as it deems proper.
10 Del. C. § 5701 — Delaware Code / Title 10 / Chapter 57 / Section 5701
§ Â
        5701. Effect of arbitration agreement.
Status: in_force

A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract, without regard to the justiciable character of the controversy, and confers jurisdiction on the Chancery Court of the State to enforce it and to enter judgment on an award. In determining any matter arising under this chapter, the Court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute. This chapter also applies to arbitration agreements between employers and employees or between their respective representatives, except as otherwise provided in § 5725 of this title.