reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter IV. Voluntary and Mandatory Human Immunodeficiency Virus Testing of Certain Sex Offenders › § 1076. HIV testing made available.

§ 1076. HIV testing made available.
A person charged with an offense pursuant to Chapter 5 of Title 11, which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing under the provisions of Chapter 12 of Title 16. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.
69 Del. Laws, c. 231, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter IV. Voluntary and Mandatory Human Immunodeficiency Virus Testing of Certain Sex Offenders › § 1077. Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing.

§ 1077. Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing.
(a) When a defendant has been arrested and charged with an offense in § 1076 of this title, other provisions of law to the contrary notwithstanding, the court, at arraignment, regardless of any prior human immunodeficiency virus test on the defendant, shall order, at the request of the victim, the defendant to undergo human immunodeficiency virus testing, under the direction of the Division of Public Health.
(b) The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.
(c) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or is mentally retarded or mentally incapacitated, the defendant, the court issuing the order for testing and any other person or agency pursuant to Chapters 12 and 12A of Title 16.
(d) In addition, the Division of Public Health shall provide to the Department of Services to Children, Youth and Their Families the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Services to Children, Youth and Their Families shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any institution under the Department's jurisdiction.
(e) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health care and support services.
(f) The costs of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person.
(g) Filing of a notice of appeal shall not stay an order that the defendant submit to a human immunodeficiency virus test.
69 Del. Laws, c. 231, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1301. Court of Common Pleas.

§ 1301. Court of Common Pleas.
There is a court of record known as “The Court of Common Pleas for the State of Delaware” sometimes referred to in this chapter as “the Court.”
10 Del. C. 1953, §  1301;  59 Del. Laws, c. 133, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1302. Judges; qualifications; residence; Chief Judge.

§ 1302. Judges; qualifications; residence; Chief Judge.
(a) The Court shall consist of 9 Judges.
(b) The Judges must be citizens of the State and must have been actively engaged in the general practice of law in the State for at least 5 years.
(c) Five Judges shall be residents of New Castle County, 2 Judges shall be residents of Kent County, and 2 Judges shall be residents of Sussex County.
(d) The Judge appointed by the Governor as Chief Judge shall be the administrative head of the Court during the term of his or her appointment.
10 Del. C. 1953, §  1302;  59 Del. Laws, c. 133, §  1;  60 Del. Laws, c. 559, §§  1, 2;  71 Del. Laws, c. 91, §  1;  71 Del. Laws, c. 176, §  4;  72 Del. Laws, c. 240, §§  1, 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1303. Appointment of Judges; term; vacancies; political representation; salary.

§ 1303. Appointment of Judges; term; vacancies; political representation; salary.
(a) The Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint the Judges of the Court. Appointments, including vacancies, shall be for a term of 12 years and until their successors qualify. The Governor shall appoint 1 judge of the Court as Chief Judge of the Court to hold office during the term of his or her appointment. Nothing in this section shall affect the ability of the Chief Judge of the Court of Common Pleas to serve in that capacity for the duration of the Chief Judge's current term of office.
(b) Each Judge shall receive a salary in accordance with the annual appropriations act.
(c) No Judge shall practice law during his or her term of office.
(d) At any time when the total number of Judges of the Court shall be an even number, not more than 1/2 of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of 1 Judge shall be of the same political party.
10 Del. C. 1953, §  1303;  59 Del. Laws, c. 133, §  1;  59 Del. Laws, c. 472, §  5;  62 Del. Laws, c. 12, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 91, §  2;  71 Del. Laws, c. 176, §§  7, 8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1304. Quorum.

§ 1304. Quorum.
One Judge shall constitute a quorum and may open and adjourn any session of the Court.
10 Del. C. 1953, §  1304;  59 Del. Laws, c. 133, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1305. Places of holding Court.

§ 1305. Places of holding Court.
Court shall be held:
(1) In New Castle County, at Wilmington;
(2) In Kent County, at Dover; and
(3) In Sussex County, at Georgetown.
10 Del. C. 1953, §  1305;  59 Del. Laws, c. 133, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1306. Terms of Court.

§ 1306. Terms of Court.
The designation and the duration of the terms of the Court and the nature of the proceedings to be conducted at each such term, shall be determined by the rules adopted for the Court.
10 Del. C. 1953, §  1306;  59 Del. Laws, c. 133, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1307. Seals; rules of Court.

§ 1307. Seals; rules of Court.
The Judges of the Court, or a majority of them, shall, for and on behalf of the Court, adopt a seal, make and publish general rules regulating the practice and procedure therein and the keeping of its records, including a schedule of costs and fees and providing for such deposits as are deemed necessary.
10 Del. C. 1953, §  1307;  59 Del. Laws, c. 133, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter I. Organization and Operation › § 1308. Disposition of money.

§ 1308. Disposition of money.
(a) The fees, fines and costs received by the Court shall be paid to the State Treasurer, except as otherwise provided by subsection (b) of this section.
(b) All sheriff's costs and fees collected by the Court, including those specified in §§ 8702 and 2112 of this title, shall, at the conclusion of each case, be paid to the county treasurer or Department of Finance for the county of which the sheriff who has rendered the service is an officer, for distribution to the sheriff upon presentation of an itemized and verified account, in accordance with the procedures set forth in § 2112 of this title.
10 Del. C. 1953, §  1308;  59 Del. Laws, c. 133, §  1;  61 Del. Laws, c. 268, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1310. Law clerks.

§ 1310. Law clerks.
Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Court of Common Pleas may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
78 Del. Laws, c. 51, §  5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1311. Appointment of Clerks and other officers; terms.

§ 1311. Appointment of Clerks and other officers; terms.
(a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible to the Chief Judge for the administration of all nonjudicial activity in the Court. In addition, the Chief Judge shall appoint a competent person from each county as Deputy Clerk for the Court in that county and such other officers and employees deemed necessary to perform the business of the Court.
(b) The Clerks, other officers and employees shall hold office at the pleasure of the Court.
10 Del. C. 1953, §  1309;  59 Del. Laws, c. 133, §  1;  60 Del. Laws, c. 629, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1312. Deputy Clerk; powers and duties.

§ 1312. Deputy Clerk; powers and duties.
The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed by the Court and shall perform such other duties as shall be assigned by the Court.
10 Del. C. 1953, §  1312;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1313. Powers and duties of Clerks.

§ 1313. Powers and duties of Clerks.
(a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county, and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter.
(b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk shall issue all process under the Clerk's hand and the seal of the Court, signing such process by the title of office and shall tax costs.
(c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction.
10 Del. C. 1953, §  1311;  59 Del. Laws, c. 133, §  1;  63 Del. Laws, c. 141, §  5;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1314. Bonds of Clerks and Deputy Clerks.

§ 1314. Bonds of Clerks and Deputy Clerks.
Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continuance therein. The bond shall be approved by the Chief Judge. Should any Clerk or Deputy Clerk so appointed fail to give bond as required within 30 days from the date of appointment, the Court shall make a new appointment.
10 Del. C. 1953, §  1310;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1314A. Bailiffs, criers and pages; compensation; duties.

§ 1314A. Bailiffs, criers and pages; compensation; duties.
(a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from time to time be approved in the budget of the Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the Court may from time to time prescribe and shall receive no other fees or compensation.
(b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during the stated terms of such appointment, unless sooner rescinded by the court order, such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions. The order appointing such peace officers shall be recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial commissions.
75 Del. Laws, c. 188, §  1;  78 Del. Laws, c. 79, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.

§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal.
(a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. Vacancies in office shall be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. Upon second and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political party shall not exceed the number of Commissioners from another major political party by more than 1.
(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by article XIV, §  1 of the Delaware Constitution before they enter upon the duties of their offices.
(c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term.
69 Del. Laws, c. 426, §  2;  74 Del. Laws, c. 165, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter II. Officers and Employees › § 1316A. Assignment of retired Commissioners to active duty.

§ 1316A. Assignment of retired Commissioners to active duty.
(a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in the Court of Common Pleas provided, however, that the retired Commissioner:
(1) Was serving in good standing as a Commissioner at the time of retirement;
(2) Assents to such designation; and
(3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to:
the private practice of law; the holding of any state office; or employment by the State in any capacity.
(b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge.
(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose.
78 Del. Laws, c. 315, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1317. City Solicitor; powers and duties.

§ 1317. City Solicitor; powers and duties.
(a) The City Solicitor of Wilmington or a duly authorized designee shall be ex officio the prosecuting officer in the Court of Common Pleas and the Justice of the Peace Court for all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City. The Courts may by rule establish a regularly scheduled time and place to hear and try such matters. The Attorney General of the State may, however, prosecute in person or by his or her deputy.
(b) The City Solicitor shall appoint an Assistant City Solicitor who shall hold office at the pleasure of the City Solicitor and perform the duties required of him or her by the City Solicitor. The City Solicitor may discharge the assistant at any time, and his or her acts in this regard shall not be questioned.
(c) In addition to his or her other powers, the City Solicitor may compel the attendance of witnesses and the production of books and papers at the City Solicitor's office at any time, and may administer oaths and affirmations to witnesses at any time or in any place, for the purpose of securing information relative to the enforcement of the laws, ordinances, regulations or charter of the City. Subpoenas and attachments for the attendance of such witnesses and the production of such books and papers shall be signed by the City Solicitor and shall be served by any police officer. Any false answer or statement given in such a case shall be deemed perjury and punishable accordingly. The costs in such cases shall be paid by the Clerk of the Court of Common Pleas and the Justice of the Peace Court in the same manner as the costs of other proceedings in the Court are paid.
71 Del. Laws, c. 176, §  9;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1321. Scope of jurisdiction and process.

§ 1321. Scope of jurisdiction and process.
The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.
10 Del. C. 1953, §  1313;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1322. Civil jurisdiction; amount in controversy.

§ 1322. Civil jurisdiction; amount in controversy.
(a) The Court shall have jurisdiction over all civil actions at law where the matter or thing in controversy, exclusive of interest, does not exceed $75,000.
(b) The Court shall have unlimited jurisdiction over counterclaims, cross-claims and third-party claims as defined and provided by rule of Court, and any judgment rendered on any such counterclaim, cross-claim or third-party claim which exceeds the sum of $75,000 shall be valid in all respects.
10 Del. C. 1953, §  1314;  59 Del. Laws, c. 133, §  1;  60 Del. Laws, c. 197, §  1;  63 Del. Laws, c. 230, §  1;  69 Del. Laws, c. 422, §  1;  69 Del. Laws, c. 426, §  1;  82 Del. Laws, c. 154, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1324. General powers of Court.

§ 1324. General powers of Court.
The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, the production of documents, books and records and the production of all other necessary evidence.
10 Del. C. 1953, §  1316;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1325. Judgments and executions.

§ 1325. Judgments and executions.
(a) All civil judgments rendered by the Court shall be entered in a judgment docket, which shall be properly indexed. The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonotary of the Superior Court in any or all of the 3 counties of the State upon request therefor to the Clerk by the judgment creditor in the judgment, without necessity of a motion or order, and the Prothonotary shall enter in the judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry. The judgment, so transferred, shall, from that date, become and be a lien on all the real estate of the debtor in the county in the same manner and as fully as judgments rendered in the Superior Court as liens, and may be executed and enforced in the same manner as judgments of the Superior Court. If any judgment is lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. The Prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.
(b) Writs of execution for the seizure and sale of personal property based upon judgments obtained in the Court, shall be issued in the manner provided by law for writs issuing out of the Prothonotary's office in and for the respective counties for the seizure and sale of personal property. The Court may, by rule of the Court made for that purpose, change the method of procedure.
(c) Once a judgment has been transferred as provided in subsection (a) of this section, the Court shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.
10 Del. C. 1953, §  1317;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 408, §§  1-3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1326. Appeal in civil actions.

§ 1326. Appeal in civil actions.
(a) From any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision or judgment was rendered.
(b) The appeal shall be taken within 30 days of the final order, ruling, decision or judgment.
(c) The appeal shall be reviewed on the record and shall not be tried de novo.
(d) The Superior Court shall establish appeal procedures and supersedeas bond requirements by rule.
10 Del. C. 1953, §  1318;  59 Del. Laws, c. 133, §  1;  68 Del. Laws, c. 53, §  3;  69 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1327. Civil trial without jury or referees.

§ 1327. Civil trial without jury or referees.
All civil cases shall be tried by the Court without a jury or referees.
10 Del. C. 1953, §  1319;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1328. Civil actions; demand for jury trials; waivers; removal to Superior Court.

§ 1328. Civil actions; demand for jury trials; waivers; removal to Superior Court.
(a) Every person who commences a civil action in this Court shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person's original pleading is directed.
(b) Except as otherwise provided in this chapter any party other than the party commencing the action may demand a trial by jury of an issue triable of right by a jury by serving upon the other parties a demand therefor in writing and depositing with the Clerk of the Court the amount necessary for the commencement of an action in Superior Court. Such demand shall be served and filed and the necessary amount deposited with the Clerk, not later than 5 days after the service of the last pleading directed to such issue. The demand for jury trial may be endorsed upon a pleading of the party, provided it is typed or written on the first page of the pleading immediately following the caption of the case.
(c) The failure of a party to serve and file a demand for trial by jury or to deposit the necessary amount in accordance with the requirements of this section constitutes a waiver of trial by jury.
(d) Upon demand for trial by jury as provided in this section, the Clerk of the Court shall forthwith transmit all records in the matter and the amount necessary for commencement of an action in Superior Court to the prothonotary of the county in which the action has been commenced. Following such removal, proceedings shall continue as though the action has been commenced in Superior Court.
10 Del. C. 1953, §  1320;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1329. Record.

§ 1329. Record.
A verbatim record shall be kept of all evidence taken in the Court.
10 Del. C. 1953, §  1321;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE › Subchapter III. Jurisdiction and General Powers › § 1330. Proceedings pending at time of effective date of this chapter; books, records and papers.

§ 1330. Proceedings pending at time of effective date of this chapter; books, records and papers.
(a) All suits, proceedings and matters pending, at the time this chapter becomes effective, in the Courts of Common Pleas for New Castle, Kent and Sussex Counties, as heretofore constituted, shall be proceeded within the Court hereby established and all the books, records and papers of the Courts as heretofore constituted, shall be the books, records and papers of the Court hereby established.
(b) All information, proceedings and matters of a criminal nature pending in the former Courts of Common Pleas for New Castle, Kent and Sussex Counties, respectively, at the time this chapter becomes effective, and all books, records and papers of such former Courts shall be transferred to the Court hereby established, and such information, proceedings and matters pending shall be proceeded with to final judgment and determination in the Court hereby established.
10 Del. C. 1953, §  1322;  59 Del. Laws, c. 133, §  1;  69 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1801. Short title.

§ 1801. Short title.
This chapter is known and may be cited as the “Emergency Interim Judicial Succession Act.”
10 Del. C. 1953, §  1801;  53 Del. Laws, c. 149;  81 Del. Laws, c. 449, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1802. Statement of policy.

§ 1802. Statement of policy.
The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices if regular judges are unavailable. The General Assembly finds and declares that the creation of special emergency judges does all of the following:
(1) Assures continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the State.
(2) Provides for the effective operation of government during an emergency.
(3) Facilitates the early resumption of functions temporarily suspended.
10 Del. C. 1953, §  1802;  53 Del. Laws, c. 149;  81 Del. Laws, c. 449, § 2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1803. Definitions.

§ 1803. Definitions.
As used in this chapter:
(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.
(2) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:
a. Threatens the life, health, or safety of the public.
b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.
c. Makes the continuation of normal government operations difficult or impossible.
(3) “Regular judge” means the individual holding an office under this chapter before the emergency event.
(4) “Special emergency judge” means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is qualified and appointed as may be provided by the Delaware Constitution or other law of this State or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office.
(5) “Unavailable” means either that a vacancy in an office under this chapter exists or that the regular judge is absent or unable to exercise the powers and discharge the duties of the office.
10 Del. C. 1953, §  1803;  53 Del. Laws, c. 149;  81 Del. Laws, c. 449, § 3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1804. Special emergency judges.

§ 1804. Special emergency judges.
(a) A special emergency judge may exercise the powers and discharge the duties of an office under this chapter if both of the following apply:
(1) If a judge appointed under Article IV, § 2 of the Delaware Constitution is unavailable to exercise the powers and discharge the duties of the judge's office.
(2) If no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the Delaware Constitution or other law of this State is available to exercise the powers and discharge the duties of such office.
(b) Each Governor shall do all of the following:
(1) Designate for each member of the Supreme Court and the Superior Court not less than 3 nor more than 7 special emergency judges.
(2) Specify the order of succession of the individuals selected under paragraph (b)(1) of this section.
(3) Review and revise, as necessary, designations made under this subsection to ensure that at all times there are at least 3 qualified special emergency judges for each member of the Supreme Court and the Superior Court.
(c) A special emergency judge designated under subsection (b) of this section shall, in the order specified, exercise the powers and discharge the duties of an office under this chapter if a regular judge or another special emergency judge immediately preceding the special emergency judge in the order of designation is unavailable.
(d) A special emergency judge shall exercise the powers and discharge the duties of an office under this chapter until such time as a vacancy that exists is filled in accordance with the Delaware Constitution or other law of this State, or until the regular judge or another special emergency judge preceding the special emergency judge in the order of succession becomes available to exercise the powers and discharge the duties of the office.
(e) An individual may not be designated or serve as a special emergency judge unless the individual may, under the Delaware Constitution or other law of this State, hold the office of the judge to whose powers and duties the individual is designated to succeed.
10 Del. C. 1953, §  1804;  53 Del. Laws, c. 149;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1805. Formalities of taking office.

§ 1805. Formalities of taking office.
(a) At the time of an individual's designation as a special emergency judge, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may succeed.
(b) Notwithstanding any other provision of law, no individual, as a prerequisite to the exercise of the powers or discharge of the duties of an office under this chapter to which the individual succeeds, is required to comply with any other provision of law relative to taking office.
10 Del. C. 1953, §  1805;  53 Del. Laws, c. 149;  70 Del Laws, c. 186,, §  1;  81 Del. Laws, c. 449, § 5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1806. Period in which authority may be exercised.

§ 1806. Period in which authority may be exercised.
(a) An individual authorized to act as a special emergency judge may exercise the powers and discharge the duties of an office under this chapter as authorized in this chapter only after an emergency event has occurred.
(b) The General Assembly may, by concurrent resolution, terminate the authority of special emergency judges to exercise the powers and discharge the duties of office as provided in this chapter.
10 Del. C. 1953, §  1806;  53 Del. Laws, c. 149;  81 Del. Laws, c. 449, § 6;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 18. EMERGENCY INTERIM JUDICIAL SUCCESSION › § 1807. Removal of designees.

§ 1807. Removal of designees.
Until an individual who is designated as a special emergency judge is authorized to exercise the powers and discharge the duties of an office under this chapter, the individual serves at the pleasure of the Governor and may be removed or replaced by the Governor at any time, with or without cause.
10 Del. C. 1953, §  1807;  53 Del. Laws, c. 149;  81 Del. Laws, c. 449, § 7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1901. State of the judiciary message.

§ 1901. State of the judiciary message.
The Chief Justice of the Supreme Court shall, from time to time, give to the General Assembly information of affairs concerning the state of the judiciary, and recommend to its consideration such measures as the Chief Justice shall deem expedient.
60 Del. Laws, c. 182, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1902. Removal of actions from courts lacking jurisdiction.

§ 1902. Removal of actions from courts lacking jurisdiction.
No civil action, suit or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original proceeding or on appeal. Such proceeding may be transferred to an appropriate court for hearing and determination, provided that the party otherwise adversely affected, within 60 days after the order denying the jurisdiction of the first court has become final, files in that court a written election of transfer, discharges all costs accrued in the first court, and makes the usual deposit for costs in the second court. All or part of the papers filed, or copies thereof, and a transcript of the entries, in the court where the proceeding was originally instituted shall be delivered in accordance with the rules or special orders of such court, by the prothonotary, clerk, or register of that court to the prothonotary, clerk or register of the court to which the proceeding is transferred. The latter court shall thereupon entertain such applications in the proceeding as conform to law and to the rules and practice of such court, and may by rule or special order provide for amendments in pleadings and for all other matters concerning the course of procedure for hearing and determining the cause as justice may require. For the purpose of laches or of any statute of limitations, the time of bringing the proceeding shall be deemed to be the time when it was brought in the first court. This section shall be liberally construed to permit and facilitate transfers of proceedings between the courts of this State in the interests of justice.
Code 1935, §  4235A;  46 Del. Laws, c. 255;  10 Del. C. 1953, §  1901;  60 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1902A. Removal of criminal actions from courts lacking criminal jurisdiction.

§ 1902A. Removal of criminal actions from courts lacking criminal jurisdiction.
(a) “Court of competent jurisdiction” shall mean the state court where criminal jurisdiction lies under either Title 4, Title 11 or any other Delaware statute vesting criminal jurisdiction.
(b) “State court” shall mean the Justice of the Peace Courts, Family Court, or Court of Common Pleas.
(c) No criminal action, complaint, or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without criminal jurisdiction. Upon certification by the Criminal Clerk of Court to the sitting judge of the court in which the complaint, action, or other proceeding is pending averring that the court is without criminal jurisdiction, the judge may administratively issue an Order of Transfer and transfer the criminal proceeding to the court of competent criminal jurisdiction.
(d) Likewise, at any time during the proceedings pending of a criminal action, complaint or other proceeding and the prosecution or defense counsel presents an oral or written motion to the judge indicating that the court where the proceedings are pending lacks criminal jurisdiction, the judge shall issue an Order of Transfer to the state court which has criminal jurisdiction. The case shall then be forthwith be transferred by the criminal clerk to the court of competent criminal jurisdiction.
(e) In both subsections (c) and (d) of this section, the bond and all pretrial conditions by a state court imposed upon the defendant shall remain in full force and effect and shall not be discharged pending transfer.
(f) The transfer of a pending criminal action, complaint, other proceeding under this statute shall be made only when the court lacks criminal jurisdiction.
75 Del. Laws, c. 371, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1903. Change of location for sickness or other cause.

§ 1903. Change of location for sickness or other cause.
The Justices of the Supreme Court, the Chancellor and Vice-Chancellors and the Judges of the Superior Court, and the judge or judges of any other court, as the case may be, may, on account of the prevalence of contagious diseases or epidemics, or for other sufficient cause, appoint a different place for holding a term of their respective courts, and may make all necessary rules and orders to effect any such temporary change, and for the return of process, and the continuance of proceedings.
Such temporary change may be made, in the case of the Supreme Court, to any place within this State, and, in the case of any other court referred to in this section, to any place in the county in which the court is held.
Code 1852, §§  1907-1909;  16 Del. Laws, c. 133, §  5;  Code 1915, §  3683;  Code 1935, §  4235;  10 Del. C. 1953, §  1902;  60 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1904. Removal of records and papers in case of necessity.

§ 1904. Removal of records and papers in case of necessity.
In case of invasion of this State, or other necessity, any 2 of the judges of the State may remove the public records and papers to a place of safety, to be returned as soon as the safety thereof will admit. The officer having custody of such records shall accompany them; and may do the business of the office at the place to which they are removed.
As used in this section, “judges” includes the Justices of the Supreme Court, the Chancellor and Vice-Chancellors, and the President Judge and the Judges of the Superior Court.
Code 1852, §§  1907-1909;  16 Del. Laws, c. 133, §  5;  Code 1915, §  3683;  Code 1935, §  4235;  10 Del. C. 1953, §  1903;  60 Del. Laws, c. 182, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  36;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1905. Adjournments of terms of court.

§ 1905. Adjournments of terms of court.
Any court of this State may, from time to time, adjourn over any of the terms of such court for the purpose of hearing or trying causes, or doing other business necessary for expediting and ending actions or proceedings.
Code 1852, §  1913;  Code 1915, §  3687;  Code 1935, §  4239;  10 Del. C. 1953, §  1904;  60 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1906. Admission of attorneys.

§ 1906. Admission of attorneys.
There may be a competent number of persons, of an honest disposition and learned in the law, admitted by the Supreme Court of the State to practice as attorneys in the State. Attorneys, so admitted, shall behave themselves justly and faithfully in their practice; and if they misbehave themselves therein, they shall be subject to such disciplinary measures as the Supreme Court, in its discretion, may determine. Such attorneys may commence actions, prosecute and defend suits, draw writs, process and pleadings, and practice generally in all the courts of this State without further authority.
Code 1852, §  1922;  Code 1915, §  3734;  Code 1935, §  4284;  10 Del. C. 1953, §  1905;  60 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1907. Oath of attorneys-at-law.

§ 1907. Oath of attorneys-at-law.
Every attorney-at-law, upon admission to the Bar of this State, shall take and subscribe the following oath or affirmation:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Delaware; that I will behave myself in the office of an attorney within the Court according to the best of my learning and ability and with all good fidelity, as well to the Court as to the client; that I will use no falsehood, nor delay any person's cause through lucre and malice.”
Code 1852, §  438;  Code 1915, §  378;  Code 1935, §  347;  10 Del. C. 1953, §  1906;  60 Del. Laws, c. 182, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1908. Temporary assignment of Judges to statutory courts.

§ 1908. Temporary assignment of Judges to statutory courts.
(a) In case of need, the Chief Justice of the Supreme Court, or in case of the Chief Justice's absence from the State or incapacity, the Senior Justice of the Supreme Court, present in the State and capable of acting, may designate one or more of the state judges, including the Justices of the Supreme Court and the Judges of the Superior Chancery and Common Pleas Court, to sit in any court of this State not created by the Constitution.
(b) The state judge designated pursuant to subsection (a) of this section shall serve as a judge of the court designated and shall hear and determine such causes in such court and for such period of time as shall be designated.
10 Del. C. 1953, §  1907;  56 Del. Laws, c. 271;  60 Del. Laws, c. 182, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  37;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 19. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES › Subchapter I. Courts and Judges › § 1909. Appointment of judges.

§ 1909. Appointment of judges.
All judges of this State or any of its subdivisions shall be appointed by the Governor, by and with the consent of a majority of all members elected to the Senate, for such terms as shall be fixed by the Delaware Constitution or by state law.
74 Del. Laws, c. 263, §  1;