reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3929. Recouperation of out-of-state judgments related to reproductive health services.

§ 3929. Recouperation of out-of-state judgments related to reproductive health services.
(a) As used in this section, “reproductive health services” means as defined in § 1702 of Title 24.
(b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for reproductive health services that are lawful in this State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment.
(c) Damages include any of the following:
(1) Just damages created by the action that led to that judgment, including money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorneys' fees spent in defending the action that resulted in the entry of a judgment in another state.
(2) Costs, expenses, and reasonable attorneys' fees incurred in bringing an action under this section as may be allowed by the court.
(d) This section shall not apply to a judgment entered in another state that is based upon any of the following:
(1) An action founded in tort, contract, or statute, and for which a similar claim would exist under the laws of this State, brought by the patient's legal representative or the patient who received the reproductive health services upon which the original lawsuit was based for any of the following:
a. Damages suffered by the patient.
b. Damages derived from an individual's loss of consortium of the patient.
(2) An action founded in contract, and for which a similar claim exists under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgement entered in another state.
(3) An action where no part of the acts that formed the basis for liability occurred in this state.
83 Del. Laws, c. 327, § 3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3931. Civil actions for tortious injuries, including death, to lawfully-owned pets [Expires October 14, 2025].

§ 3931. Civil actions for tortious injuries, including death, to lawfully-owned pets [Expires October 14, 2025].
(a) Definitions. For purposes of this section:
(1) “Compensatory damages” means all of the following:
a. In the case of the death of a pet, the fair market value of the pet before death and the reasonable and necessary cost of veterinary care.
b. In the case of an injury to a pet, the reasonable and necessary cost of veterinary care.
(2) “Owner” means a person who purchases or is gifted a pet.
(3) “Pet” means all of the following:
a. “Pet” means a domesticated animal.
b. “Pet” does not include livestock, or an animal possessed or kept in violation of State, county, or municipal law.
(b) A person who tortiously causes an injury to, or death of, a pet while acting directly or through an animal under that person's ownership, direction, or control is liable to the owner of the pet for compensatory damages.
(c) This section may not be construed as a limitation on punitive damages where otherwise appropriate under the law and in light of the facts related to a claim asserted under this section. If a pet is owned by multiple persons, the limitations outlined in this section apply.
(d) All applicable limitations to liability, defenses, aggravating factors, and principles of law or equity relevant to the facts and circumstances of a particular action or set of actions that would otherwise apply to actions for tortious damage to property, with the exception of prior limitations related to recovery of damages based on the fair market value of property, shall apply to an action brought under this section.
(e) A person may bring an action for compensatory damages pursuant to this section in any court of competent jurisdiction.
83 Del. Laws, c. 472, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter I. State Tort Claims › § 4001. Limitation on civil liability.

§ 4001. Limitation on civil liability.
Except as otherwise provided by the Constitutions or laws of the United States or of the State of Delaware, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against the State or any public officer or employee, including the members of any board, commission, conservation district or agency of the State, whether elected or appointed, and whether now or previously serving as such, in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present:
(1) The act or omission complained of arose out of and in connection with the performance of an official duty requiring a determination of policy, the interpretation or enforcement of statutes, rules or regulations, the granting or withholding of publicly created or regulated entitlement or privilege or any other official duty involving the exercise of discretion on the part of the public officer, employee or member, or anyone over whom the public officer, employee or member shall have supervisory authority;
(2) The act or omission complained of was done in good faith and in the belief that the public interest would best be served thereby; and
(3) The act or omission complained of was done without gross or wanton negligence;
provided that the immunity of judges, the Attorney General and Deputy Attorneys General, and members of the General Assembly shall, as to all civil claims or causes of action founded upon an act or omission arising out of the performance of an official duty, be absolute; provided further that in any civil action or proceeding against the State or a public officer, employee or member of the State, the plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this section.
61 Del. Laws, c. 431, §  1;  66 Del. Laws, c. 348, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter I. State Tort Claims › § 4002. Indemnification of public officers and employees.

§ 4002. Indemnification of public officers and employees.
In addition to the right of representation provided for in § 3925 of this title, any public officer, employee or member who, but for the application of any provision of the Constitutions or laws of the United States or the State of Delaware to the contrary, would be entitled to immunity in accordance with § 4001 of this title, shall be indemnified by the State against any expenses (including attorney's fees and disbursements), judgments, fines and costs, actually and reasonably incurred by such public officer, employee or member in defending against the action, suit or proceeding giving rise thereto.
61 Del. Laws, c. 431, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter I. State Tort Claims › § 4003. Political subdivisions; limitations on liability.

§ 4003. Political subdivisions; limitations on liability.
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.
61 Del. Laws, c. 431, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter I. State Tort Claims › § 4004. Procedure for establishing right to indemnification.

§ 4004. Procedure for establishing right to indemnification.
The right to indemnification provided for in § 4002 of this title shall automatically obtain upon the final determination of any court or administrative tribunal of competent jurisdiction that no claim or cause of action existed, or, but for the application of the Constitutions or laws of either the United States or the State of Delaware, that no such claim or cause of action would have existed, or upon a verdict or ruling in favor of the public officer, employee or member. If a court or administrative tribunal shall determine that no right to indemnification exists because of the absence of 1 or more of the elements of immunity set forth in § 4001 of this title, said determination shall be final and binding at such time as any and all rights of appeal from the decision giving rise to such determination shall have been exhausted. If, for whatever reason, including a settlement agreed upon by the parties, the court or administrative tribunal having jurisdiction shall fail or refuse to make the determination required by this section, then the indemnification shall only be granted as to public officers, employees or members of the State upon the affirmative recommendation of the appropriate department head, or a majority of the members of the governing body of the board, commission or agency, whichever shall apply, and the concurrence of the Governor and the Attorney General or their designees. Any political subdivision of the State which shall hereafter provide indemnification as authorized by this chapter shall establish its own procedure for determining eligibility for its officers and employees in the absence of the determination of a court of competent jurisdiction.
61 Del. Laws, c. 431, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter I. State Tort Claims › § 4005. Authorization to purchase liability insurance.

§ 4005. Authorization to purchase liability insurance.
The State or any of its departments, agencies, boards, commissions or political subdivisions are hereby authorized to obtain from funds appropriated for such purpose a policy or policies of insurance sufficient to provide coverage for its public officers, employees or members which is coextensive with the standards for indemnification as provided for in this chapter. No public officer, employee or member shall be entitled to indemnification under this section for any act or omission, not otherwise protected herein, any applicable policy of insurance to the contrary notwithstanding.
61 Del. Laws, c. 431, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter I. State Tort Claims › § 4006. Exclusion on civil liability limits for claims against public schools involving sexual abuse of a child.

§ 4006. Exclusion on civil liability limits for claims against public schools involving sexual abuse of a child.
(a) The privileges and immunities from liability under §§ 4001 and 4003 of this title do not apply to a public school, or an officer or employee of the public school, in a civil lawsuit for damages based on sexual abuse of a child by an adult employee or agent of the public school.
(b) A civil cause of action for sexual abuse of a child under this section must be based on sexual acts that would constitute a criminal offense under the Delaware Code.
83 Del. Laws, c. 411, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter II. County and Municipal Tort Claims › § 4010. Definitions.

§ 4010. Definitions.
As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings:
(1) “Employee” means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term “employee” shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity.
(2) “Governmental entity” means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads.
62 Del. Laws, c. 124, §  2;  69 Del. Laws, c. 328, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter II. County and Municipal Tort Claims › § 4011. Immunity from suit.

§ 4011. Immunity from suit.
(a) Except as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages. That a governmental entity has the power to sue or be sued, whether appearing in its charter or statutory enablement, shall not create or be interpreted as a waiver of the immunity granted in this subchapter.
(b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from:
(1) The undertaking or failure to undertake any legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, regulation, resolution or resolve.
(2) The undertaking or failure to undertake any judicial or quasi-judicial act, including, but not limited to, granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial.
(3) The performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion be abused and whether or not the statute, charter, ordinance, order, resolution, regulation or resolve under which the discretionary function or duty is performed is valid or invalid.
(4) The decision not to provide communications, heat, light, water, electricity or solid or liquid waste collection, disposal or treatment services.
(5) The discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, except as provided in § 4012(3) of this title.
(6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of such ways including but not limited to street signs, traffic lights and controls, parking meters and guardrails.
Paragraphs (b)(1) to (6) of this section to which immunity applies are cited as examples and shall not be interpreted to limit the general immunity provided by this section.
(c) An employee may be personally liable for acts or omissions causing property damage, bodily injury or death in instances in which the governmental entity is immune under this section, but only for those acts which were not within the scope of employment or which were performed with wanton negligence or wilful and malicious intent.
62 Del. Laws, c. 124, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter II. County and Municipal Tort Claims › § 4012. Exceptions to immunity.

§ 4012. Exceptions to immunity.
A governmental entity shall be exposed to liability for its negligent acts or omissions causing property damage, bodily injury or death in the following instances:
(1) In its ownership, maintenance or use of any motor vehicle, special mobile equipment, trailer, aircraft or other machinery or equipment, whether mobile or stationary.
(2) In the construction, operation or maintenance of any public building or the appurtenances thereto, except as to historic sites or buildings, structures, facilities or equipment designed for use primarily by the public in connection with public outdoor recreation.
(3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water.
62 Del. Laws, c. 124, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 40. TORT CLAIMS ACT › Subchapter II. County and Municipal Tort Claims › § 4013. Limitation on damages.

§ 4013. Limitation on damages.
(a) In any action for damages permitted by this subchapter, the claim for and award of damages, including costs, against both a political subdivision and its employees, shall not exceed $300,000 for any and all claims arising out of a single occurrence, except insofar as the political subdivision elects to purchase liability insurance in excess of $300,000 in which event the limit of recovery shall not exceed the amount of the insurance coverage.
(b) Any governmental entity may settle claims filed against it pursuant to § 4012 of this title, in accordance with procedures duly promulgated by its governing body.
(c) Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence.
62 Del. Laws, c. 124, §  2;  64 Del. Laws, c. 443, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 41. DEFECTS IN RECORD › § 4101. Amendment of writs and record.

§ 4101. Amendment of writs and record.
Writs of scire facias, of execution, and of error, may be amended. After judgment, the court before whom a record is, may order the amendment of any clerical error in any part of such record. When there is matter to amend, the court may order any amendment that will tend to the furtherance of justice.
Code 1852, §  2510;  Code 1915, §  4429;  Code 1935, §  4887;  10 Del. C. 1953, §  4101;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 41. DEFECTS IN RECORD › § 4102. Amendments after judgment.

§ 4102. Amendments after judgment.
After judgment rendered in any civil action, any defects or imperfections, in matter of form, found in the record, or proceedings, in the action, may be rectified and amended by the court to which it is removed by appeal or writ of error, if substantial justice requires it, and if the amendment is in affirmance of the judgment.
Code 1852, §  2512;  Code 1915, §  4431;  Code 1935, §  4889;  10 Del. C. 1953, §  4102;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 41. DEFECTS IN RECORD › § 4103. Reversal of judgments for defects in form.

§ 4103. Reversal of judgments for defects in form.
No judgment shall be reversed for any defect or imperfection in matter of form which might, by law, have been amended.
Code 1852, §  2503;  Code 1915, §  4421;  Code 1935, §  4879;  10 Del. C. 1953, §  4103;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter I. General Provisions › § 4301. Liability of witnesses for failure to appear or testify.

§ 4301. Liability of witnesses for failure to appear or testify.
If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action.
Code 1852, §  2338;  Code 1915, §  4211;  Code 1935, §  4686;  10 Del. C. 1953, §  4301;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter I. General Provisions › § 4302. Competency to testify.

§ 4302. Competency to testify.
No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand the obligation of an oath. Such child's age and degree of understanding of the obligation of an oath may be considered by the trier of fact in judging the child's credibility.
65 Del. Laws, c. 111, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter I. General Provisions › § 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.

§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.
No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured person or on such person's behalf to others or to the estate or dependents of a deceased person, made under liability insurance as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer's recognition of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance or partial payment until such written notice is actually given.
10 Del. C. 1953, §  4318;  57 Del. Laws, c. 442;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter I. General Provisions › § 4318. Compassionate communications.

§ 4318. Compassionate communications.
(a) For purposes of this section:
(1) “Health care provider” means any person licensed or certified by the State of Delaware to deliver health care services, including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of such person acting in the course and scope of employment or agency related to health care services.
(2) “Unanticipated outcome” means the result of a medical treatment or procedure that differs from an expected medical result.
(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence, or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care, that is made to the person, the person's family, or a friend of the person or of the person's family, with the exception of the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.
75 Del. Laws, c. 413, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4320. Definitions.

§ 4320. Definitions.
As used in this subchapter:
(1) “Adjudicative proceeding” means any judicial or quasi-judicial proceeding in which the rights of parties are determined but does not include any proceeding of a grand jury.
(2) “Information” means any oral, written or pictorial material and includes, but is not limited to, documents, electronic impulses, expressions of opinion, films, photographs, sound records, and statistical data.
(3) “Person” means individual, corporation, statutory trust, business trust, estate, trust, partnership or association, governmental body, or any other legal entity.
(4) “Reporter” means any journalist, scholar, educator, polemicist, or other individual who either:
a. At the time he or she obtained the information that is sought was earning his or her principal livelihood by, or in each of the preceding 3 weeks or 4 of the preceding 8 weeks had spent at least 20 hours engaged in the practice of, obtaining or preparing information for dissemination with the aid of facilities for the mass reproduction of words, sounds, or images in a form available to the general public; or
b. Obtained the information that is sought while serving in the capacity of an agent, assistant, employee, or supervisor of an individual who qualifies as a reporter under paragraph (4)a. of this section.
(5) “Source” means a person from whom a reporter obtained information by means of written or spoken communication or the transfer of physical objects, but does not include a person from whom a reporter obtained information by means of personal observation unaccompanied by any other form of communication and does not include a person from whom another person who is not a reporter obtained information, even if the information was ultimately obtained by a reporter.
(6) “Testify” means give testimony, provide tangible evidence, submit to a deposition, or answer interrogatories.
(7) “Within the scope of his or her professional activities” means any situation, including a social gathering, in which the reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which the reporter intentionally conceals from the source the fact that he or she is a reporter and does not include any situation in which the reporter is an eyewitness to or participant in an act involving physical violence or property damage.
10 Del. C. 1953, §  4320;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  51;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4321. Privilege in nonadjudicative proceedings.

§ 4321. Privilege in nonadjudicative proceedings.
A reporter is privileged in a nonadjudicative proceeding to decline to testify concerning either the source or content of information that he or she obtained within the scope of his or her professional activities.
10 Del. C. 1953, §  4321;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4322. Privilege in adjudicative proceedings.

§ 4322. Privilege in adjudicative proceedings.
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. 1953, §  4322;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4323. Exceptions to the privilege in adjudicative proceedings.

§ 4323. Exceptions to the privilege in adjudicative proceedings.
(a) Unless the disclosure of the content of the information would substantially increase the likelihood that the source of the information will be discovered, the privilege provided by § 4322 of this title shall not prevent a reporter from being required in an adjudicative proceeding to testify concerning the content, but not the source, of information that the reporter obtained within the scope of his or her professional activities if the judge determines that the public interest in having the reporter's testimony outweighs the public interest in keeping the information confidential. In making this determination, the judge shall take into account the importance of the issue on which the information is relevant, the efforts that have been made by the subpoenaing party to acquire evidence on the issue from alternative sources, the sufficiency of the evidence available from alternative sources, the circumstances under which the reporter obtained the information, and the likely effect that disclosure of the information will have on the future flow of information to the public.
(b) The privilege provided by § 4322 of this title shall not prevent a reporter from being required in an adjudicative proceeding to testify concerning either the source or the content of information that the reporter obtained within the scope of his or her professional activities if the party seeking to have the reporter testify proves by a preponderance of the evidence that the sworn statement submitted by the reporter as required by § 4322 of this title is untruthful.
10 Del. C. 1953, §  4323;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4324. Determination of privilege claim.

§ 4324. Determination of privilege claim.
A person who invokes the privilege provided by this subchapter may not be required to testify in any proceeding except by court order. If a person invokes the privilege in any proceeding other than a court proceeding, the body or party seeking to have the person testify may apply to the Superior Court for an order requiring the claimant of the privilege to testify. If the Court determines that the claimant does not qualify for the privilege under the provisions of this subchapter, it shall order the claimant to testify.
10 Del. C. 1953, §  4324;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4325. Waiver.

§ 4325. Waiver.
If a reporter waives the privilege provided by this subchapter with respect to certain facts, he or she may be cross-examined on the testimony or other evidence he or she gives concerning those facts but not on other facts with respect to which the reporter claims the privilege. A reporter does not waive or forfeit the privilege by disclosing all or any part of the information protected by the privilege to any other person.
10 Del. C. 1953, §  4325;  59 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter II. Reporters’ Privilege › § 4326. Short title.

§ 4326. Short title.
This subchapter may be cited as the “Reporters' Privilege Act.”
10 Del. C. 1953, §  4326;  59 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter III. Chain of Custody › § 4330. Chemical test report.

§ 4330. Chemical test report.
For the purpose of establishing that physical evidence in a criminal or civil proceeding constitutes a particular controlled substance defined under Chapter 47 of Title 16, a report signed by the forensic toxicologist or forensic chemist who performed the test or tests as to its nature is prima facie evidence that the material delivered was properly tested under procedures approved by the Division of Forensic Science, that those procedures are legally reliable, that the material was delivered by the officer or person stated in the report and that the material was or contained the substance therein stated, without the necessity of the forensic toxicologist or forensic chemist personally appearing in court, provided the report identifies the forensic toxicologist or forensic chemist as an individual certified by the Division of Forensic Science, the Delaware State Police or any county or municipal police department employing analysts of controlled substances, as qualified under standards approved by the Division of Forensic Science to analyze those substances, states that the forensic toxicologist or forensic chemist made an analysis of the material under the procedures approved by the Division of Forensic Science and also states that the substance, in the forensic toxicologist's or forensic chemist's opinion, is or contains the particular controlled substance specified. Nothing in this section precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in or the presumption raised by the report.
69 Del. Laws, c. 237, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 265, §  9;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter III. Chain of Custody › § 4331. Chain of physical custody or control.

§ 4331. Chain of physical custody or control.
In the context of controlled dangerous substances:
(1) “Chain of custody” means:
a. The seizing officer;
b. The packaging officer, if the packaging officer is not also the seizing officer; and
c. The forensic toxicologist or forensic chemist or other person who actually touched the substance and not merely the outer sealed package in which the substance was placed by the law-enforcement agency before or during the analysis of the substance.
(2) “Chain of custody” does not include a person who handled the substance in any form after analysis of the substance.
(3) a. For the purpose of establishing, in a criminal or civil proceeding, the chain of physical custody or control of evidence consisting of or containing a substance tested or analyzed to determine whether it is a controlled substance defined under Chapter 47 of Title 16, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery as stated, without the necessity of a personal appearance in court by the person signing the statement.
b. The statement shall contain a sufficient description of the material or its container so as to distinguish it as the particular item in question and shall state that the material was delivered in essentially the same condition as received.
c. The statement may be placed on the same document as the report provided for in § 4330 of this title.
d. Nothing in this section precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in or the presumption raised by the statement.
69 Del. Laws, c. 237, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter III. Chain of Custody › § 4332. Presence of forensic toxicologist or forensic chemist at criminal proceeding; availability of chemical report to defense counsel.

§ 4332. Presence of forensic toxicologist or forensic chemist at criminal proceeding; availability of chemical report to defense counsel.
(a) In general. — (1) In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least 5 days prior to the trial, require the presence of the forensic toxicologist or forensic chemist, or any person in the chain of custody as a prosecution witness.
(2) The provisions of §§ 4330 and 4331 of this title concerning prima facie evidence do not apply to the testimony of that witness.
(3) The provisions of §§ 4330 and 4331 of this title are applicable in a criminal proceeding only when a copy of the report or statement to be introduced is mailed, delivered or made available to counsel for the defendant or to the defendant personally when the defendant is not represented by counsel, at least 10 days prior to the introduction of the report or statement at trial.
(b) Witness for defense. — Nothing contained in this subchapter shall prevent the defendant from summoning a witness mentioned in this subchapter as a witness for the defense.
69 Del. Laws, c. 237, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter IV. Expert Witnesses › § 4335. Economic expert opinion on the amount of future lost wages and/or future medical expenses.

§ 4335. Economic expert opinion on the amount of future lost wages and/or future medical expenses.
In any case before a Delaware court where there is a dispute over the economic amount a party owes another party for future lost wages and/or future medical expenses, there shall be a rebuttable presumption that the inflation rate for future lost wages and/or future medical expenses is equal to the economic discount rate. No party shall be required to present an economic expert witness opinion to a jury or court for the purpose of having the present value of the economic amount of a party's claim for either future lost wages and/or future medical expenses introduced into evidence. However, no party is precluded from presenting admissible expert witness opinion to a jury or court for the purposes of having the present value of the economic amount of a party's claim for either future lost wages or future medical expenses introduced into evidence, or to oppose the present value of the economic amount of a party's claim for either future lost wages or future medical expenses. A Delaware court shall have the discretion in any case to order sua sponte or for good cause shown that a party shall be required to present economic expert opinion evidence on the present value of the economic amount that a party is owed by another party for future lost wages and/or future medical expenses.
79 Del. Laws, c. 285, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4501. Declaration of policy.

§ 4501. Declaration of policy.
It is the policy of this State that jurors serving in each county shall be selected at random from a fair cross section of the population of that county and that all qualified persons shall have an opportunity to be considered for jury service and an obligation to serve as jurors when summoned for that purpose.
60 Del. Laws, c. 225, §  2;  66 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4502. Prohibition of discrimination.

§ 4502. Prohibition of discrimination.
No person shall be excluded from jury service in this State on account of race, color, religion, sex, national origin or economic status.
60 Del. Laws, c. 225, §  2;  64 Del. Laws, c. 186, §  1;  66 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4503. Definitions.

§ 4503. Definitions.
As used in this chapter:
(1) “Clerk” means the prothonotary of each county, and includes any deputy or clerk in the office of the prothonotary.
(2) “Court” means the Superior Court of the State, and includes any Judge of the Court.
(3) “Juror qualification form” means a form approved by the Court which shall elicit information relevant to the selection of jurors in accordance with this chapter.
(4) “Jury selection plan” means a written plan designed to carry out the policy and the provisions of this chapter.
(5) “Master list” means a list or an electronic system for the storage of the names of prospective jurors selected randomly from the source list.
(6) “Protective hairstyle” includes braids, locks, and twists.
(7) “Qualified jury wheel” means a device or an electronic system for the storage of the names of prospective jurors on a master list who are not disqualified from jury service.
(8) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.
(9) “Source list” means a list or an electronic system for the storage of the names on the voter registration list which may be supplemented with names from other sources to foster the policy of this chapter.
(10) “Voter registration list” means the current official record of persons registered to vote in a general election.
60 Del. Laws, c. 225, §  2;  64 Del. Laws, c. 186, §  1;  66 Del. Laws, c. 5, §  1;  83 Del. Laws, c. 13, § 6;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4505. Grand jury.

§ 4505. Grand jury.
Grand juries in New Castle County shall consist of 15 members, and the affirmative vote of 9 members shall be necessary to find a true bill of indictment. Grand juries in Kent County and in Sussex County shall consist of 10 members, and the affirmative vote of 7 members shall be necessary to find a true bill of indictment. Grand jurors shall take an oath to perform faithfully the duties of a grand juror.
66 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4506. Special jury.

§ 4506. Special jury.
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.
66 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4507. Jury selection plan.

§ 4507. Jury selection plan.
(a) The Court shall adopt a jury selection plan to carry out the policy and the provisions of this chapter. The Court may adopt separate plans and varying regulations for each county and for grand, petit and special juries, and may amend a plan at any time. The plan shall provide standards and methods for the selection and service of jurors, including but not necessarily limited to the following:
(1) The duties of clerks and the court administrator or other employees of the Court;
(2) The composition of source lists, including whether voter registration lists shall be supplemented with names from other sources;
(3) The selection of names for master lists;
(4) The content of the juror qualification form;
(5) The groups of persons or occupational classes whose members shall be excused from jury service upon request;
(6) The disqualification, excuse and exclusion of prospective jurors;
(7) The maintenance of qualified jury wheels, including the maximum time that the names of prospective jurors shall remain in a qualified jury wheel and the minimum number of names to be contained therein;
(8) The assignment of persons to grand, petit and special jury panels, or to courts other than Superior Court;
(9) The length of jury service;
(10) The compilation, disclosure and preservation of records used in the selection process.
(b) Persons having custody, possession or control of any list, record or other information required for use in the jury selection process shall supply it or make it available to the Court for inspection, reproduction and copying at all reasonable times, and persons having responsibility for devising or operating data processing systems or computer programs for the State shall certify that any such system or program complies with the jury selection plan when required by the Court. The Court may compel compliance with this subsection by appropriate process.
66 Del. Laws, c. 5, §  1;  77 Del. Laws, c. 171, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4508. Completion of juror qualification form.

§ 4508. Completion of juror qualification form.
(a) Prospective jurors shall be selected randomly from the source list for placement on a master list from time to time as needed.
(b) The clerk shall mail a juror qualification form to persons whose names are on a master list with instructions to provide the information sought. The juror qualification form shall contain a declaration that the responses are true to the best of the prospective juror's knowledge, and acknowledgement that a false statement therein may be punished by a fine or imprisonment, or both. If the prospective juror is unable to fill out the form, another person may do it and shall indicate that fact and the reason therefor. If it appears that there is an omission, ambiguity or error in the information provided, the clerk shall instruct the prospective juror to make the necessary addition, clarification or correction.
(c) Any person who fails to provide information sought as instructed shall be directed to appear forthwith before the clerk to fill out the juror qualification form. Any person who fails to appear as directed may be ordered by the Court to appear and show cause for failure to do so.
(d) At the time of appearance for jury service, or at the time of any interview before the Court or clerk, any prospective juror may be required to fill out another juror qualification form in the presence of the Court or clerk, at which time the prospective juror may be questioned, but only with regard to responses to questions contained on the form and grounds for disqualification, excuse or exclusion. Any information thus acquired by the Court or clerk shall be noted on the juror qualification form.
66 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4509. Disqualification from jury service.

§ 4509. Disqualification from jury service.
(a) The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror is disqualified for jury service.
(b) All persons are qualified for jury service except those who are:
(1) Not citizens of the United States;
(2) Less than 18 years of age;
(3) Not residents of the county of prospective jury service;
(4) Unable to read, speak and understand the English language;
(5) Incapable, by reason of physical or mental disability, of rendering satisfactory jury service; or
(6) Convicted felons who have not had their civil rights restored.
(c) A prospective juror may be required to submit proof as to possible disqualification, including a physician's or Christian Science Practitioner's certificate, and the physician or practitioner is subject to inquiry by the Court at its discretion.
60 Del. Laws, c. 225, §  2;  62 Del. Laws, c. 219, §  1;  66 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 45. JURY SELECTION AND SERVICE › § 4510. Selection and summoning of jury panels.

§ 4510. Selection and summoning of jury panels.
(a) Prospective jurors shall be selected randomly from the qualified jury wheel or from the master list for assignment to grand, petit and special jury panels from time to time as needed.
(b) The clerk shall cause each person selected for jury service to be served with a summons, either personally, or by mail addressed to the person's usual residence, business or post office address, requiring the person to report for jury service at a specified time and place. Any person who fails to appear as directed may be ordered by the Court to appear and show cause for failure to do so.
(c) If there is an unanticipated shortage of available jurors, the Court may require the sheriff to summon a sufficient number of jurors selected in a manner prescribed by the Court.
60 Del. Laws, c. 225, §  2;  64 Del. Laws, c. 186, §§  6-8;  66 Del. Laws, c. 5, §  1;  69 Del. Laws, c. 428, §  1;