reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8136. Actions involving public petition and participation.

§ 8136. Actions involving public petition and participation.
(a) For purposes of this section, the following terms shall have the meaning ascribed herein:
(1) An “action involving public petition and participation” is an action, claim, cross-claim or counterclaim for damages that is brought by a public applicant or permittee, and is materially related to any efforts of the defendant to report on, rule on, challenge or oppose such application or permission.
(2) “Communication” shall mean any statement, claim or allegation in a proceeding, decision, protest, writing, argument, contention or other expression.
(3) “Government body” shall mean the State and any county, city, town, village or any other political subdivision of the State; any public improvement or special district, public authority, commission, agency or public benefit corporation; any other separate corporate instrumentality or unit of State or local government; or the federal government.
(4) “Public applicant or permittee” shall mean any person who has applied for or obtained a permit, zoning change, lease, license, certificate or other entitlement for use or permission to act from any government body, or any person with an interest, connection or affiliation with such person that is materially related to such application or permission.
(b) In an action involving public petition and participation, damages may only be recovered if the plaintiff, in addition to all other necessary elements, shall have established by clear and convincing evidence that any communication which gives rise to the action was made with knowledge of its falsity or with reckless disregard of whether it was false, where the truth or falsity of such communication is material to the cause of action at issue.
(c) Nothing in this section shall be construed to limit any constitutional, statutory or common-law protection of defendants to actions involving public petition and participation.
68 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8137. Standards for motion to dismiss and summary judgment in certain cases involving public petition and participation.

§ 8137. Standards for motion to dismiss and summary judgment in certain cases involving public petition and participation.
(a) A motion to dismiss in which the moving party has demonstrated that the action, claim, cross-claim or counterclaim subject to the motion is an action involving public petition and participation as defined in § 8136 of this title shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification or reversal of existing law. The court shall grant preference in the hearing of such motion.
(b) A motion for summary judgment in which the moving party has demonstrated that the action, claim, cross-claim or counterclaim subject to the action is an action involving public petition and participation as defined in § 8136 of this title shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in fact and law or is supported by a substantial argument for an extension, modification or reversal of existing law. The court shall grant preference in the hearing of such motion.
68 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8138. Recovery of damages in actions involving public petition and participation.

§ 8138. Recovery of damages in actions involving public petition and participation.
(a) A defendant in an action involving public petition and participation, as defined in § 8136 of this title, may maintain an action, claim, cross-claim or counter-claim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that:
(1) Costs, attorney's fees and other compensatory damages may be recovered upon a demonstration that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law; and
(2) Punitive damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights.
(b) The right to bring an action under this section can be waived only if it is waived specifically.
(c) Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by law.
68 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8139. Limitation on civil actions by criminal defendants.

§ 8139. Limitation on civil actions by criminal defendants.
(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.
71 Del. Laws, c. 113, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8141. Limitation on agricultural operations nuisance suits.

§ 8141. Limitation on agricultural operations nuisance suits.
(a) For the purposes of this section, agricultural operations and its appurtenances means an operation for the purpose of:
(1) Cultivation of land;
(2) Production of agricultural crops;
(3) Raising of poultry;
(4) Production of eggs;
(5) Production of milk and milk products, including but not limited to ice cream, cheese and butter;
(6) Production of fruit or other horticultural crops including but not limited to Christmas trees and forestry;
(7) Production of livestock, including pasturage;
(8) Production of bees and their products;
(9) Production and raising of horses of all types and descriptions or other equine activity for the purpose of profit;
(10) The operation of a roadside farmer's stand, or a farmer's cart in which not less than 50% of the products sold at the stand or cart are directly from the agricultural operation;
(11) Grain elevators, bins, feed mills, silos, and seed cleaners; and
(12) Transportation of an agricultural product to or from a market storage area, or to or from any agricultural-related infrastructure as identified in paragraph (a)(11) of this section.
(b) This section does not apply to:
(1) An agricultural operation that does not conform to federal, state or local health or zoning requirements;
(2) A federal, state or local agency when enforcing air, water quality or other environmental standards under federal, state or local law; or
(3) An agricultural operation that is conducted in a negligent or improper manner.
(c) No agricultural 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 agricultural operation began or the date the change in the operation began.
(d) Subsection (c) of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injury or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on account of any overflow onto lands of any such person, firm or corporation.
(e) Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstances set forth in this section and shall be null and void; however, this section shall not apply whenever a nuisance results from the failure to conduct the operation in a manner consistent with good agricultural practice as defined in § 1401 of Title 3 or when there has been a significant change in the operation itself.
71 Del. Laws, c. 462, §  1;  77 Del. Laws, c. 376, §§  2, 3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8142. Limitations on shooting range and hunting operations nuisance suits.

§ 8142. Limitations on shooting range and hunting operations nuisance suits.
(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.
74 Del. Laws, c. 379, §  1;  81 Del. Laws, c. 79, § 7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8143. Limitations on civil actions for recovery for shoplifting.

§ 8143. Limitations on civil actions for recovery for shoplifting.
(a) (1) Before a civil action may be commenced, the merchants may send a notice to the defendant's last known address requesting that the defendant or the parent/guardian of a minor if the defendant is a minor make payment of the sums listed in paragraph (a)(2) of this section within 20 days of the date of the letter. It is not a condition precedent to maintaining an action under this section that the defendant has been convicted of shoplifting or theft or that a police report has been filed.
(2) No civil action under this section may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a penalty in the amount of the retail value of the merchandise or $150, whichever is greater, within 20 days of the date of the initial demand letter. If the merchandise is recovered in merchantable condition, no civil action under this section may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise attempted to be taken or $150, whichever is greater, within 20 days of the date of the initial demand letter. Should the defendant fail to respond in a timely manner as described above, the merchant may request reasonable attorneys' fees in addition to the amounts described above and shall be entitled to recover costs of suit and reasonable attorneys' fees upon filing of an action.
(b) If the person to whom a written demand is made complies with such demand within 20 days of the date of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft.
(c) Parents or legal guardians of an unemancipated minor who triggers the liability portion of this section shall be jointly and severally liable civilly to the merchant. For purposes of this subsection, liability shall not be imposed upon any governmental entity or foster parents assigned responsibility for the minor child pursuant to a court order or action of any governmental agency.
75 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8145. Civil suits for damages based upon sexual abuse of a minor by an adult.

§ 8145. Civil suits for damages based upon sexual abuse of a minor by an adult.
(a) A cause of action based upon the sexual abuse of a minor by an adult may be filed in the Superior Court of this State at any time following the commission of the act or acts that constituted the sexual abuse. A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that would constitute a criminal offense under the Delaware Code.
(b) For a period of 2 years following July 9, 2007, victims of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations, shall be permitted to file those claims in the Superior Court of this State. If the person committing the act of sexual abuse against a minor was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owned a duty of care to the victim, or the accused and the minor were engaged in some activity over which the legal entity had some degree of responsibility or control, damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.
(c) A person against whom a suit is filed may recover attorneys' fees where the Court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the accused shall not be the sole basis for a determination that an accusation was false. The Court must make an independent finding of an improper motive to award attorneys' fees under this section.
76 Del. Laws, c. 102, §  1;  76 Del. Laws, c. 80, §§  72, 76;  77 Del. Laws, c. 88, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 85. GENERAL PROVISIONS › § 8501. Definitions.

§ 8501. Definitions.
As used in this part, unless otherwise specifically provided:
“Line,” when used as a measure of computation, means 10 words.
Code 1852, §  2833;  Code 1915, §  4886;  Code 1935, §  5374;  10 Del. C. 1953, §  8501;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 85. GENERAL PROVISIONS › § 8502. Construction of fee provisions; time for payment of fees.

§ 8502. Construction of fee provisions; time for payment of fees.
This part shall be construed strictly and no fee shall be allowed for any service, except where otherwise expressly provided, until it has been actually performed.
Code 1852, §  2836;  Code 1915, §  4889;  Code 1935, §  5377;  10 Del. C. 1953, §  8502;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 85. GENERAL PROVISIONS › § 8503. Posting of fee lists.

§ 8503. Posting of fee lists.
Every officer referred to in this part, who keeps a public office, shall always post in some convenient and conspicuous place a printed or written list of the fees prescribed in this part, as they relate to such officer's office.
Code 1852, §  2834;  Code 1915, §  4887;  Code 1935, §  5375;  10 Del. C. 1953, §  8503;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 85. GENERAL PROVISIONS › § 8504. Fees allowed by court.

§ 8504. Fees allowed by court.
A court may, in its discretion, make a reasonable allowance for any service not expressly provided for in this part.
Code 1852, §  2835;  Code 1915, §  4888;  Code 1935, §  5376;  10 Del. C. 1953, §  8504;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 85. GENERAL PROVISIONS › § 8505. Court security assessment.

§ 8505. Court security assessment.
(a) All state courts shall assess as part of court costs a supplemental court security assessment not to exceed $10 on each initial civil filing and on each criminal, traffic or delinquency charge for which there is a conviction or finding of delinquency or responsibility, or voluntary assessment paid.
(b) Court security assessment funding shall be deposited in a Court Security Fund and maintained separately from the General Fund of the State. This fund shall provide supplemental funding for personnel, equipment and/or training expenses related to judicial branch security.
(c) The Chief Justice shall submit a court security needs plan each fiscal year which shall be approved by the Office of Management and Budget and Controller General.
(d) The funds shall be distributed each fiscal year and shall be based upon the court security needs plan as approved by the Office of Management and Budget and the Controller General. If the plan includes additional funding for Capitol Police, the Capitol Police shall use that funding solely for the uses specified in the court security plan.
(e) There shall be no fee increases to the court security assessment pursuant to this section unless authorized by a further act of the General Assembly.
(f) The court security fund shall be supplemental to existing court security funding and nothing in this section shall diminish current ongoing budgetary and personnel allocations for judicial branch security services.
76 Del. Laws, c. 85, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 86. RECOUPMENT OF DEFENSE COSTS › § 8601. Recoupment of costs.

§ 8601. Recoupment of costs.
(a) A court may require a convicted defendant who has utilized court-appointed attorneys or the Office of Defense Services to pay the costs of defense in that court.
(b) Costs shall be limited to expenses specially incurred by the State in defending the convicted person. Such costs shall not include expenses inherent in providing a constitutionally guaranteed jury trial, or expenditures in connection with the maintenance and operation of government agencies if such expenditures must be made by the public irrespective of specific violations of law.
(c) The court shall not require a defendant to pay the costs of defense unless the defendant is, or will be, able to pay them. In determining the amount and method of payment of such costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(d) A defendant who has been required to pay the costs of defense and who is not in contumacious default in the payment thereof may at any time petition the court for remission of the payment of such costs, or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment.
61 Del. Laws, c. 160, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 86. RECOUPMENT OF DEFENSE COSTS › § 8602. Conditions of payment.

§ 8602. Conditions of payment.
(a) When the court determines that a defendant must pay the costs of defense, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is granted, the full amount shall be payable forthwith.
(b) When the court determines that a defendant must pay the costs of defense and the defendant is also placed on probation, or the imposition or execution of a sentence is suspended, the court may make payment of such costs a condition of probation or suspension of sentence.
61 Del. Laws, c. 160, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 86. RECOUPMENT OF DEFENSE COSTS › § 8603. Nonpayment of costs.

§ 8603. Nonpayment of costs.
(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.
61 Del. Laws, c. 160, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8701. Attorney General.

§ 8701. Attorney General.
The fees of the Attorney General, for the services specified, shall be as listed below:
For the whole prosecution in a capital case
$ 10.00
Drawing indictment in capital case, not found
2.40
Drawing indictment in case not capital, if found
2.40
Same, if not found
1.20
Attachment, upon the Attorney General's motion, in the Superior Court
1.00
For obtaining judgments in suits brought in favor of the State upon forfeitedbonds and recognizances, for appearances in the Superior Court, the Courtof Common Pleas, the Family Court for the State and in the SuperiorCourt upon appeals from any of such courts, $10, and 5 percent on the sumcollected on the judgments. Whenever the 5 percent on the amountcollected in any case exceeds $10, the last aforesaid fee shall not be paid.
For collecting bonds and recognizances without suit, 5 percent on the amountcollected.
For obtaining judgments in suits brought in favor of the State upon forfeited   bonds and recognizances, for appearances in the Superior Court, the Court   of Common Pleas, the Family Court for the State and in the Superior   Court upon appeals from any of such courts, $10, and 5 percent on the sum   collected on the judgments. Whenever the 5 percent on the amount   collected in any case exceeds $10, the last aforesaid fee shall not be paid.
For collecting bonds and recognizances without suit, 5 percent on the amount   collected.
Code 1852, §  2764;  13 Del. Laws, c. 165;  Code 1915, §  4849;  Code 1935, §  5344;  10 Del. C. 1953, §  8701;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 176, §  11;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8702. Sheriff.

§ 8702. Sheriff.
(a) The fees of the Sheriff of Kent County shall be established by ordinance of the governing body of Kent County.
(b) This section shall not apply to the Sheriff of New Castle County.
(c) The fees of the Sheriff of New Castle County shall be established by ordinance of the governing body of New Castle County.
(d) This section shall not apply to the Sheriff of Sussex County.
(e) The fees of the Sheriff of Sussex County shall be established by ordinance of the governing body of Sussex County.
Code 1812, §§  2769-2772, 2774;  16 Del. Laws, c. 144, §§  1, 2;  24 Del. Laws, c. 245, §  1;  Code 1915, §  4852;  30 Del. Laws, c. 240;  Code 1935, §  5346;  46 Del. Laws, c. 302, §§  1, 2;  10 Del. C. 1953, §  8702;  50 Del. Laws, c. 150, §  1;  55 Del. Laws, c. 378;  59 Del. Laws, c. 539, §  1;  62 Del. Laws, c. 20, §  1;  64 Del. Laws, c. 149, §  1;  65 Del. Laws, c. 401, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8703. Sheriff's neglect or refusal to give statement of payments and costs; penalty.

§ 8703. Sheriff's neglect or refusal to give statement of payments and costs; penalty.
Whoever, being a sheriff, neglects or refuses, upon payment to such sheriff of an execution and upon request, to subscribe and deliver to the person paying or settling the same, or to each of them if more than one, a bill of particulars, showing distinctly the debt or damages and interest demanded upon such execution, every item of the costs indorsed thereon, and every item of his or her own fees upon the same, and also a receipt, shall be fined $50, and shall also forfeit 3 times the amount of his or her fees, to be recovered by the person paying the same as debts of like amount are recoverable.
Code 1852, §§  2838, 2839;  Code 1915, §§  4894, 4895;  Code 1935, §§  5382, 5383;  10 Del. C. 1953, §  8703;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8704. Clerk of the Supreme Court.

§ 8704. Clerk of the Supreme Court.
The fees charged by the Clerk of the Supreme Court shall be as prescribed in the Rules of that Court.
Code 1852, §  2777;  Code 1915, §  4854;  Code 1935, §  5348;  10 Del. C. 1953, §  8704;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8705. Prothonotary; civil proceedings.

§ 8705. Prothonotary; civil proceedings.
The fees of the prothonotary for services provided in civil proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.
Code 1852, §§  2778-2786, 2789, 2791;  24 Del. Laws, c. 245, §  2;  Code 1915, §§  4855, 4856;  Code 1935, §§  5349, 5350;  48 Del. Laws, c. 164, §§  1-3;  10 Del. C. 1953, §  8705;  53 Del. Laws, c. 157, §  1;  54 Del. Laws, c. 244;  55 Del. Laws, c. 96;  56 Del. Laws, c. 124;  60 Del. Laws, c. 481, §  1;  62 Del. Laws, c. 22, §  1;  64 Del. Laws, c. 149, §  2;  64 Del. Laws, c. 455, §  1;  66 Del. Laws, c. 185, §  15;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8706. Prothonotary; criminal proceedings.

§ 8706. Prothonotary; criminal proceedings.
The fees of the prothonotary for services provided in criminal proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.
Code 1852, §§  2787, 2788, 2791;  Code 1915, §  4856;  Code 1935, §  5350;  10 Del. C. 1953, §  8706;  53 Del. Laws, c. 157, §  2;  57 Del. Laws, c. 483;  62 Del. Laws, c. 21, §  1;  64 Del. Laws, c. 149, §  3;  64 Del. Laws, c. 455, §  2;  66 Del. Laws, c. 185, §  16;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8707. Register in Chancery.

§ 8707. Register in Chancery.
The fees of the Register in Chancery Office for services provided shall be established by the Rules of the Court of Chancery and shall be uniform among the 3 counties.
Code 1852, §§  2794, 2795, 2798;  24 Del. Laws, c. 246, §  1;  Code 1915, §§  4857, 4857(a);  36 Del. Laws, c. 274;  40 Del. Laws, c. 249;  Code 1935, §  5351;  10 Del. C. 1953, §  8707;  64 Del. Laws, c. 149, §  4;  65 Del. Laws, c. 401, §  2;  73 Del. Laws, c. 91, §  8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8709. Neglect or refusal to pay fees; penalty.

§ 8709. Neglect or refusal to pay fees; penalty.
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.
24 Del. Laws, c. 246, §  6;  24 Del. Laws, c. 247, §  4;  Code 1915, §  4890;  Code 1935, §  5378;  10 Del. C. 1953, §  8709;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8710. Attorney-at-law.

§ 8710. Attorney-at-law.
The fees of an attorney-at-law, for the services specified, shall be as listed below:
For every writ drawn by the attorney
$ .40
Appearance for either plaintiff or defendant in an action or suit at law, or on appeal from a justice of the peace or Court of Common Pleas, or upon a certiorari
2.67
Appearance for either plaintiffs or defendants in an action or cause in Chancery
13.33
Every appeal bond for prosecuting an appeal in the Supreme Court
1.00
Drawing warrant of attorney
.13
Complaint, declaration, motion, plea, etc., by warrant of attorney
2.67
All pleadings in a cause subsequent to the complaint, to be paid by the party pleading, and for inquisition, prohibition, etc., 1 cent a line.
Code 1852, §  2802;  Code 1915, §  4863;  Code 1935, §  5358;  10 Del. C. 1953, §  8710;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8711. Constable.

§ 8711. Constable.
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.
Code 1852, §  2806;  13 Del. Laws, c. 166, §  1;  Code 1915, §  4865;  28 Del. Laws, c. 248;  Code 1935, §  5360;  10 Del. C. 1953, §  8712;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8712. Referees.

§ 8712. Referees.
The fees of a referee, for the services specified, shall be as listed below:
For attendance under a rule of court, (the referees being duly sworn or affirmed, and report duly made)
$ 1.00
Also, 3 cents per mile going and returning; mileage not to be allowed for more than 2 days attendance.
Code 1852, §  2813;  Code 1915, §  4870;  Code 1935, §  5366;  10 Del. C. 1953, §  8713;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8713. Commissioners in Court of Chancery.

§ 8713. Commissioners in Court of Chancery.
The fees of a commissioner in the Court of Chancery, for the services specified, shall be as listed below:
For attendance under an order of court to make partition, assign dower, estimate annual value of ward's lands, etc., if regular return is made, each day
$ 2.00
Code 1852, §  2815;  12 Del. Laws, c. 536;  Code 1915, §  4872;  Code 1935, §  5368;  10 Del. C. 1953, §  8714;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8714. Surveyor, chain-carrier, axe-person, target-bearer.

§ 8714. Surveyor, chain-carrier, axe-person, target-bearer.
For services on surveys and partitions in the Court of Chancery, ejectment in the Superior Court, marking and bounding of disputed lines, laying out of public roads, etc., surveyors, chain-carriers, axe-persons, target-bearers, witnesses, and all other persons necessary to the economical execution of any order of any of the courts in such cases, and the person having in charge the procurement of the execution of any such order, for his or her services in the premises, including the board and accommodations of persons properly employed in and about the execution of the work, the several courts concerned shall fix a just and fair compensation or allowance. All such charges and the expenses so incurred in and about the premises shall be a joint charge upon all the parties interested in such work, in proportion to their respective interests therein.
12 Del. Laws, c. 463;  Code 1915, §  4873;  Code 1935, §  5369;  10 Del. C. 1953, §  8715;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 87. COURT, COUNTY AND OTHER PUBLIC OFFICES › § 8715. Distress proceedings.

§ 8715. Distress proceedings.
The fees in distress proceedings, for the services specified, shall be as listed below:
For making distress and giving notice
$ .50
Summoning and qualifying freeholders, including cases where freeholders both value rent and appraise goods
.50
All services by a freeholder
.20
Advertising
.40
And 2 percent upon the proceeds of sale, applied to rent.
Giving notice to landlord of sale of tenant's goods
.20
And 2 cents a mile going and returning from the premises to the landlord's residence; this fee to be charged to the tenant, and first paid out of the sale of the tenant's goods.
For giving such notice the officer shall have but 1 fee, whatever be the number of writs in the officer's hands against the tenant. If there be executions or attachments, in the hands of several constables at the time of giving such notice, only the officer who made the first levy shall receive the fee under this provision.
Code 1852, §  2831;  Code 1915, §  4884;  Code 1935, §  5372;  10 Del. C. 1953, §  8716;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 88. PROCEEDINGS IN FORMA PAUPERIS › § 8801. Definitions.

§ 8801. Definitions.
When used in this chapter:
(1) “Complaint” shall mean any civil action or miscellaneous action or any application for an extraordinary writ.
(2) “Conditions of confinement” shall mean any aspect of a prisoner's complaint that does not address the fact or duration of a prisoner's confinement.
(3) “Court” or “courts” shall mean all constitutional or statutory courts of this State.
(4) “Factually frivolous” shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial.
(5) “Federal court” shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section.
(6) “Inmate account” shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State.
(7) “Legally frivolous” shall mean a claim based on an indisputably meritless legal theory.
(8) “Malicious” shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims.
(9) “Prisoner” shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State.
70 Del. Laws, c. 411, §  1;  71 Del. Laws, c. 325, §  1;  73 Del. Laws, c. 276, §§  1, 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 88. PROCEEDINGS IN FORMA PAUPERIS › § 8802. In forma pauperis.

§ 8802. In forma pauperis.
(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.
70 Del. Laws, c. 411, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 276, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 88. PROCEEDINGS IN FORMA PAUPERIS › § 8803. Court review.

§ 8803. Court review.
(a) In all cases in which a court has granted an individual leave to proceed in forma pauperis, the court shall issue an order authorizing the filing of the complaint and establishing the amount of court costs and filing fees to be paid. The court may, in its discretion, establish a schedule for the payment of the costs and fees.
(b) Upon establishing the amount of fees and costs to be paid, the court shall review the complaint. Upon such review, the complaint shall be dismissed if the court finds the action is factually frivolous, malicious or, upon a court's finding that the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of the issue(s) raised. Any order of dismissal shall specifically identify whether the complaint was factually frivolous, legally frivolous and/or malicious. Service of process shall not issue unless and until the court grants leave following its review.
(c) If a court does not dismiss a complaint pursuant to subsection (b) of this section, but the record subsequently reveals the action is factually frivolous, malicious or the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of issue(s) raised, the court may upon its own motion or the motion of a party, enter judgment against plaintiff and dismiss the complaint. Any such order of dismissal shall specifically identify whether the complaint was factually frivolous, legally frivolous and/or malicious.
(d) If, at any time, the court dismisses an action or otherwise enters judgment against a litigant proceeding in forma pauperis, the jurisdiction of the court over the litigant continues until all costs and fees associated with the action are paid.
(e) When a court finds that a litigant has abused the judicial process by filing frivolous or malicious litigation, the court may enjoin that litigant from filing future claims without leave of court. When so enjoined, any future requests to file claims must be accompanied by an affidavit certifying that:
(1) The claims sought to be litigated have never been raised or disposed of before in any court;
(2) The facts alleged are true and correct;
(3) The affiant has made a diligent and good faith effort to determine what relevant case law controls the legal issues raised;
(4) The affiant has no reason to believe the claims are foreclosed by controlled law; and
(5) The affiant understands that the affidavit is made under penalty of perjury.
70 Del. Laws, c. 411, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 88. PROCEEDINGS IN FORMA PAUPERIS › § 8805. Good time.

§ 8805. Good time.
(a) Upon a court's finding pursuant to § 8803(b) or (c) of this title that a prisoner has filed a factually frivolous or malicious action, or upon a court's finding that the action is legally frivolous and that even a pro se litigant, acting with due diligence, should have found well settled law disposing of issue(s) raised, the court may order the Department of Correction to forfeit the portion of the litigant's behavior good time credits accumulated from the date the action was received by the court up to and including every month until the action was disposed of by the court. Upon the court's forwarding of such an order to the Department of Correction setting forth such a finding, the Department shall forfeit the prisoner's accumulated good time as ordered by the court. To the extent the Department does not have jurisdiction to forfeit accumulated good time for a particular prisoner, the court shall forward the order to the appropriate agency who shall forfeit the prisoners accumulated good time as ordered by the court.
(b) Upon the finding of a federal court that a prisoner has filed a factually frivolous or malicious action as defined by this chapter, or upon a finding that the action is legally frivolous as defined by this chapter and that even a pro se litigant, acting with due diligence, should have found well-settled law disposing of issue(s) raised, the federal court may order the Department of Correction to forfeit the portion of the litigant's behavior good time credits accumulated from the date the action was received by the federal court up to and including every month until the action was disposed of by the federal court. Upon the federal court's forwarding of such an order to the Department of Correction setting forth such a finding, the Department shall forfeit the prisoner's accumulated good time as ordered by the federal court. To the extent the Department does not have jurisdiction to forfeit accumulated good time for a particular prisoner, the federal court shall forward the order to the appropriate agency who shall forfeit the prisoners accumulated good time as ordered by the federal court.
70 Del. Laws, c. 411, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 89. JURORS, WITNESSES AND INTERPRETERS › § 8902. Jurors of inquest.

§ 8902. Jurors of inquest.
The fees of jurors on an inquest, for the services specified, shall be as listed below:
For joining in an inquisition upon writ or commission of inquiry, each
$ .33
Joining in inquisition of death taken by the officer in view of the body
3.00
And 7 cents per mile going and returning.
Attendance upon summons and joining in inquisition in case of landlord vs. tenant, or forcible entry and detainer
3.00
In case of adjournment, each juror attending shall, upon such adjournment, be entitled to the same fee as upon joining in the inquisition, or verdict.
Attendance as witness of the execution of sentence of death, to be paid as fees of jurors attending courts
3.00
Code 1852, §  2812;  26 Del. Laws, c. 70, §  2;  Code 1915, §  4869;  Code 1935, §  5365;  46 Del. Laws, c. 78, §  2;  10 Del. C. 1953, §  8902;  50 Del. Laws, c. 385, §§  1, 2;