reglab/housing_qa huggingface dataset:
10 DE Code § 1312. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter II. Officers and Employees|§ 1312. Deputy Clerk; powers and duties.

§ 1312. Deputy Clerk; powers and duties. The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed by the Court and shall perform such other duties as shall be assigned by the Court. 10 Del. C. 1953, §  1312;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1313. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter II. Officers and Employees|§ 1313. Powers and duties of Clerks.

§ 1313. Powers and duties of Clerks. (a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county, and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter. (b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk shall issue all process under the Clerk's hand and the seal of the Court, signing such process by the title of office and shall tax costs. (c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction. 10 Del. C. 1953, §  1311;  59 Del. Laws, c. 133, §  1;  63 Del. Laws, c. 141, §  5;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1314. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter II. Officers and Employees|§ 1314. Bonds of Clerks and Deputy Clerks.

§ 1314. Bonds of Clerks and Deputy Clerks. 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. 1953, §  1310;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1314A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter II. Officers and Employees|§ 1314A. Bailiffs, criers and pages; compensation; duties.

§ 1314A. Bailiffs, criers and pages; compensation; duties. (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. 75 Del. Laws, c. 188, §  1;  78 Del. Laws, c. 79, §  3;
10 DE Code § 1315. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter II. Officers and Employees|§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.

§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal. (a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. Vacancies in office shall be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. Upon second and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political party shall not exceed the number of Commissioners from another major political party by more than 1. (b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by article XIV, §  1 of the Delaware Constitution before they enter upon the duties of their offices. (c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term. 69 Del. Laws, c. 426, §  2;  74 Del. Laws, c. 165, §  3;
10 DE Code § 1316A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter II. Officers and Employees|§ 1316A. Assignment of retired Commissioners to active duty.

§ 1316A. Assignment of retired Commissioners to active duty. (a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in the Court of Common Pleas provided, however, that the retired Commissioner:  (1) Was serving in good standing as a Commissioner at the time of retirement; (2) Assents to such designation; and (3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to: the private practice of law; the holding of any state office; or employment by the State in any capacity. (b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge. (c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose. 78 Del. Laws, c. 315, §  2;
10 DE Code § 1317. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1317. City Solicitor; powers and duties.

§ 1317. City Solicitor; powers and duties. (a) The City Solicitor of Wilmington or a duly authorized designee shall be ex officio the prosecuting officer in the Court of Common Pleas and the Justice of the Peace Court for all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City. The Courts may by rule establish a regularly scheduled time and place to hear and try such matters. The Attorney General of the State may, however, prosecute in person or by his or her deputy. (b) The City Solicitor shall appoint an Assistant City Solicitor who shall hold office at the pleasure of the City Solicitor and perform the duties required of him or her by the City Solicitor. The City Solicitor may discharge the assistant at any time, and his or her acts in this regard shall not be questioned. (c) In addition to his or her other powers, the City Solicitor may compel the attendance of witnesses and the production of books and papers at the City Solicitor's office at any time, and may administer oaths and affirmations to witnesses at any time or in any place, for the purpose of securing information relative to the enforcement of the laws, ordinances, regulations or charter of the City. Subpoenas and attachments for the attendance of such witnesses and the production of such books and papers shall be signed by the City Solicitor and shall be served by any police officer. Any false answer or statement given in such a case shall be deemed perjury and punishable accordingly. The costs in such cases shall be paid by the Clerk of the Court of Common Pleas and the Justice of the Peace Court in the same manner as the costs of other proceedings in the Court are paid. 71 Del. Laws, c. 176, §  9;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1321. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1321. Scope of jurisdiction and process.

§ 1321. Scope of jurisdiction and process. The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county. 10 Del. C. 1953, §  1313;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
10 DE Code § 1322. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1322. Civil jurisdiction; amount in controversy.

§ 1322. Civil jurisdiction; amount in controversy. (a) The Court shall have jurisdiction over all civil actions at law where the matter or thing in controversy, exclusive of interest, does not exceed $75,000. (b) The Court shall have unlimited jurisdiction over counterclaims, cross-claims and third-party claims as defined and provided by rule of Court, and any judgment rendered on any such counterclaim, cross-claim or third-party claim which exceeds the sum of $75,000 shall be valid in all respects. 10 Del. C. 1953, §  1314;  59 Del. Laws, c. 133, §  1;  60 Del. Laws, c. 197, §  1;  63 Del. Laws, c. 230, §  1;  69 Del. Laws, c. 422, §  1;  69 Del. Laws, c. 426, §  1;  82 Del. Laws, c. 154, § 1;
10 DE Code § 1324. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1324. General powers of Court.

§ 1324. General powers of Court. The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, the production of documents, books and records and the production of all other necessary evidence. 10 Del. C. 1953, §  1316;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
10 DE Code § 1325. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1325. Judgments and executions.

§ 1325. Judgments and executions. (a) All civil judgments rendered by the Court shall be entered in a judgment docket, which shall be properly indexed. The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonotary of the Superior Court in any or all of the 3 counties of the State upon request therefor to the Clerk by the judgment creditor in the judgment, without necessity of a motion or order, and the Prothonotary shall enter in the judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry. The judgment, so transferred, 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 as liens, and may be executed and enforced in the same manner as judgments of the Superior Court. If any judgment is lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. The Prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means. (b) Writs of execution for the seizure and sale of personal property based upon judgments obtained in the Court, shall be issued in the manner provided by law for writs issuing out of the Prothonotary's office in and for the respective counties for the seizure and sale of personal property. The Court may, by rule of the Court made for that purpose, change the method of procedure. (c) Once a judgment has been transferred as provided in subsection (a) of this section, the Court shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate. 10 Del. C. 1953, §  1317;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 408, §§  1-3;
10 DE Code § 1326. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1326. Appeal in civil actions.

§ 1326. Appeal in civil actions. (a) From any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision or judgment was rendered. (b) The appeal shall be taken within 30 days of the final order, ruling, decision or judgment. (c) The appeal shall be reviewed on the record and shall not be tried de novo. (d) The Superior Court shall establish appeal procedures and supersedeas bond requirements by rule. 10 Del. C. 1953, §  1318;  59 Del. Laws, c. 133, §  1;  68 Del. Laws, c. 53, §  3;  69 Del. Laws, c. 426, §  1;
10 DE Code § 1327. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1327. Civil trial without jury or referees.

§ 1327. Civil trial without jury or referees. All civil cases shall be tried by the Court without a jury or referees. 10 Del. C. 1953, §  1319;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
10 DE Code § 1328. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1328. Civil actions; demand for jury trials; waivers; removal to Superior Court.

§ 1328. Civil actions; demand for jury trials; waivers; removal to Superior Court. (a) Every person who commences a civil action in this Court shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person's original pleading is directed. (b) Except as otherwise provided in this chapter any party other than the party commencing the action may demand a trial by jury of an issue triable of right by a jury by serving upon the other parties a demand therefor in writing and depositing with the Clerk of the Court the amount necessary for the commencement of an action in Superior Court. Such demand shall be served and filed and the necessary amount deposited with the Clerk, not later than 5 days after the service of the last pleading directed to such issue. The demand for jury trial may be endorsed upon a pleading of the party, provided it is typed or written on the first page of the pleading immediately following the caption of the case. (c) The failure of a party to serve and file a demand for trial by jury or to deposit the necessary amount in accordance with the requirements of this section constitutes a waiver of trial by jury. (d) Upon demand for trial by jury as provided in this section, the Clerk of the Court shall forthwith transmit all records in the matter and the amount necessary for commencement of an action in Superior Court to the prothonotary of the county in which the action has been commenced. Following such removal, proceedings shall continue as though the action has been commenced in Superior Court. 10 Del. C. 1953, §  1320;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1329. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1329. Record.

§ 1329. Record. A verbatim record shall be kept of all evidence taken in the Court. 10 Del. C. 1953, §  1321;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
10 DE Code § 1330. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 13. The Court of Common Pleas for the State of Delaware|Subchapter III. Jurisdiction and General Powers|§ 1330. Proceedings pending at time of effective date of this chapter; books, records and papers.

§ 1330. Proceedings pending at time of effective date of this chapter; books, records and papers. (a) All suits, proceedings and matters pending, at the time this chapter becomes effective, in the Courts of Common Pleas for New Castle, Kent and Sussex Counties, as heretofore constituted, shall be proceeded within the Court hereby established and all the books, records and papers of the Courts as heretofore constituted, shall be the books, records and papers of the Court hereby established. (b) All information, proceedings and matters of a criminal nature pending in the former Courts of Common Pleas for New Castle, Kent and Sussex Counties, respectively, at the time this chapter becomes effective, and all books, records and papers of such former Courts shall be transferred to the Court hereby established, and such information, proceedings and matters pending shall be proceeded with to final judgment and determination in the Court hereby established. 10 Del. C. 1953, §  1322;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
10 DE Code § 1901. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 19. General Provisions Applicable to Courts and Judges|Subchapter I. Courts and Judges|§ 1901. State of the judiciary message.

§ 1901. State of the judiciary message. The Chief Justice of the Supreme Court shall, from time to time, give to the General Assembly information of affairs concerning the state of the judiciary, and recommend to its consideration such measures as the Chief Justice shall deem expedient. 60 Del. Laws, c. 182, §  2;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1902. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 19. General Provisions Applicable to Courts and Judges|Subchapter I. Courts and Judges|§ 1902. Removal of actions from courts lacking jurisdiction.

§ 1902. Removal of actions from courts lacking jurisdiction. No civil action, suit or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original proceeding or on appeal. Such proceeding may be transferred to an appropriate court for hearing and determination, provided that the party otherwise adversely affected, within 60 days after the order denying the jurisdiction of the first court has become final, files in that court a written election of transfer, discharges all costs accrued in the first court, and makes the usual deposit for costs in the second court. All or part of the papers filed, or copies thereof, and a transcript of the entries, in the court where the proceeding was originally instituted shall be delivered in accordance with the rules or special orders of such court, by the prothonotary, clerk, or register of that court to the prothonotary, clerk or register of the court to which the proceeding is transferred. The latter court shall thereupon entertain such applications in the proceeding as conform to law and to the rules and practice of such court, and may by rule or special order provide for amendments in pleadings and for all other matters concerning the course of procedure for hearing and determining the cause as justice may require. For the purpose of laches or of any statute of limitations, the time of bringing the proceeding shall be deemed to be the time when it was brought in the first court. This section shall be liberally construed to permit and facilitate transfers of proceedings between the courts of this State in the interests of justice. Code 1935, §  4235A;  46 Del. Laws, c. 255;  10 Del. C. 1953, §  1901;  60 Del. Laws, c. 182, §  1;
10 DE Code § 1902A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 19. General Provisions Applicable to Courts and Judges|Subchapter I. Courts and Judges|§ 1902A. Removal of criminal actions from courts lacking criminal jurisdiction.

§ 1902A. Removal of criminal actions from courts lacking criminal jurisdiction. (a) “Court of competent jurisdiction” shall mean the state court where criminal jurisdiction lies under either Title 4, Title 11 or any other Delaware statute vesting criminal jurisdiction. (b) “State court” shall mean the Justice of the Peace Courts, Family Court, or Court of Common Pleas. (c) No criminal action, complaint, or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without criminal jurisdiction. Upon certification by the Criminal Clerk of Court to the sitting judge of the court in which the complaint, action, or other proceeding is pending averring that the court is without criminal jurisdiction, the judge may administratively issue an Order of Transfer and transfer the criminal proceeding to the court of competent criminal jurisdiction. (d) Likewise, at any time during the proceedings pending of a criminal action, complaint or other proceeding and the prosecution or defense counsel presents an oral or written motion to the judge indicating that the court where the proceedings are pending lacks criminal jurisdiction, the judge shall issue an Order of Transfer to the state court which has criminal jurisdiction. The case shall then be forthwith be transferred by the criminal clerk to the court of competent criminal jurisdiction. (e) In both subsections (c) and (d) of this section, the bond and all pretrial conditions by a state court imposed upon the defendant shall remain in full force and effect and shall not be discharged pending transfer. (f) The transfer of a pending criminal action, complaint, other proceeding under this statute shall be made only when the court lacks criminal jurisdiction. 75 Del. Laws, c. 371, §  1;