reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5116. Adoption proceedings.

§ 5116. Adoption proceedings.
The costs in adoption proceedings shall be taxed by the court on the persons making the application.
Code 1915, §  4464;  Code 1935, §  4920;  10 Del. C. 1953, §  5117;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5117. Parentage proceedings.

§ 5117. Parentage proceedings.
The costs of proceedings in parentage cases shall be paid by the father, if the paternity is established; otherwise by the county.
Code 1852, §  1489;  Code 1915, §  4466;  Code 1935, §  4921;  10 Del. C. 1953, §  5118;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 50, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5118. Dower actions.

§ 5118. Dower actions.
In respect to the costs in actions for dower, the court shall exercise equitable powers.
Code 1852, §  1754;  Code 1915, §  4468;  Code 1935, §  4922;  10 Del. C. 1953, §  5119;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5119. Perpetuating testimony of boundaries.

§ 5119. Perpetuating testimony of boundaries.
Upon proceedings for perpetuating testimony of boundaries, each party shall bear the costs of the attendance and examination of witnesses produced by the party. All the other costs shall be paid by the petitioner.
Code 1852, §  991;  Code 1915, §  4470;  Code 1935, §  4923;  10 Del. C. 1953, §  5120;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5120. Fence viewers' services.

§ 5120. Fence viewers' services.
Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned.
Code 1852, §  1004;  Code 1915, §  4471;  Code 1935, §  4924;  10 Del. C. 1953, §  5121;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5121. Investment of moneys paid into Superior Court.

§ 5121. Investment of moneys paid into Superior Court.
Costs incurred in the payment of money into the Superior Court or in its investment shall be payable out of the fund.
16 Del. Laws, c. 526;  Code 1915, §  4472;  Code 1935, §  4925;  10 Del. C. 1953, §  5122;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5122. Attachment for rent.

§ 5122. Attachment for rent.
Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs.
11 Del. Laws, c. 621, §  56;  Code 1915, §  4474;  Code 1935, §  4926;  10 Del. C. 1953, §  5123;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 51. COSTS › § 5123. Change of name proceedings.

§ 5123. Change of name proceedings.
In proceedings for changing names, the costs shall be paid by the petitioner.
27 Del. Laws, c. 264, §  5;  Code 1915, §  4475;  Code 1935, §  4927;  10 Del. C. 1953, §  5124;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5201. Definitions.

§ 5201. Definitions.
In this chapter:
(1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3) “Conversion date” means the banking day next preceding the date on which money, in accordance with this chapter, is:
a. Paid to a claimant in an action or distribution proceeding;
b. Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
c. Used to recoup, set off or counterclaim in different moneys in an action or distribution proceeding.
(4) “Distribution proceeding” means a judicial or nonjudicial proceeding for the distribution of a fund in which 1 or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund.
(5) “Foreign money” means money other than money of the United States of America.
(6) “Foreign-money claim” means a claim upon an obligation to pay or a claim for recovery of a loss expressed in or measured by a foreign money.
(7) “Money” means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by inter-governmental agreement.
(8) “Money of the claim” means the money determined as proper pursuant to § 5204 of this title.
(9) “Person” means an individual, a corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, joint venture, partnership, limited liability company, association, 2 or more persons having a joint or common interest or any other legal or commercial entity.
(10) “Rate of exchange” means the rate at which money of 1 country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11) “Spot rate” means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in cash or equivalent, by charge to an account or by an agreed delayed settlement not exceeding 2 days.
(12) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
71 Del. Laws, c. 148, §  1;  73 Del. Laws, c. 329, §  52;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5202. Scope.

§ 5202. Scope.
(a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. The provisions of this chapter are applicable to such foreign-money claims notwithstanding any contrary provisions of law.
(b) This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this State applies to other issues in the action or distribution proceeding.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5203. Variation by agreement.

§ 5203. Variation by agreement.
(a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for 1 aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5204. Determining money of the claim.

§ 5204. Determining money of the claim.
(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(1) Regularly used between the parties as a matter of usage or course of dealing;
(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) In which the loss was ultimately felt or will be incurred by the party claimant.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5205. Determining amount contracted for in certain contract claims.

§ 5205. Determining amount contracted for in certain contract claims.
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5206. Asserting and defending foreign-money claim.

§ 5206. Asserting and defending foreign-money claim.
(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5207. Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

§ 5207. Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
(a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. Such a judgment or award on a foreign-money claim shall be considered a judgment or claim for an ascertained amount.
(b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(e) A judgment or award made in an action or distribution proceeding on both:
(1) A defense, set-off, recoupment or counterclaim; and
(2) The adverse party's claim
must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger and specifying the rates of exchange used.
(f) A judgment substantially in the following form complies with subsection (a) of this section:
IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.
(g) If a contract claim is of the type covered by § 5205(a) or (b) of this title, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(h) A judgment must be entered and indexed in foreign money in the same manner and has the same effect as a lien as other judgments. It may be discharged by payment.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5208. Conversions of foreign money in distribution proceeding.

§ 5208. Conversions of foreign money in distribution proceeding.
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5209. Pre-judgment and judgment interest.

§ 5209. Pre-judgment and judgment interest.
(a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this State.
(b) The court or arbitrator shall increase or decrease the amount of pre-judgment or pre-award interest otherwise payable in a judgment or award in foreign-money to the extent required by the law of this State governing a failure to make or accept an offer of settlement or offer of judgment or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this State.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5210. Enforcement of foreign judgments.

§ 5210. Enforcement of foreign judgments.
(a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in § 5207 of this title, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be entered and indexed in accordance with any rule or statute of this State providing a procedure for its recognition and enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this State.
(d) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this State in United States dollars only.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5211. Determining United States dollar value of foreign-money claims for limited purposes.

§ 5211. Determining United States dollar value of foreign-money claims for limited purposes.
(a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections (c) and (d) of this section.
(c) A party seeking process, costs, bond or other undertaking under subsection (b) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs or an application for a bond or other court-required undertaking.
(d) A party seeking the process, costs, bond or other undertaking under subsection (b) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5212. Effect of currency revalorization.

§ 5212. Effect of currency revalorization.
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(b) If substitution under subsection (a) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5213. Supplementary general principles of law.

§ 5213. Supplementary general principles of law.
Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 52. DELAWARE UNIFORM FOREIGN-MONEY CLAIMS ACT › § 5214. Uniformity of application and construction.

§ 5214. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
71 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter I. Authority to Administer Oaths › § 5301. Generally.

§ 5301. Generally.
Any judge of any court in this State, any justice of the peace, or notary public, may, in any case in which an oath or affirmation is necessary or proper, administer such oath or affirmation.
Code 1852, §  2353;  Code 1915, §  4239;  Code 1935, §  4709;  10 Del. C. 1953, §  5301;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter I. Authority to Administer Oaths › § 5302. Deputy sheriffs.

§ 5302. Deputy sheriffs.
The sheriffs of the several counties may appoint deputies, who may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded in the recorder's office in and for the county in which the sheriff and deputy reside, the oath so administered shall be as effectual in law as though it had been done by the sheriff.
12 Del. Laws, c. 201;  Code 1915, §  4240;  Code 1935, §  4710;  10 Del. C. 1953, §  5302;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter I. Authority to Administer Oaths › § 5303. Clerk of United States District Court.

§ 5303. Clerk of United States District Court.
The Clerk of the United States District Court for the District of Delaware may administer oaths and affirmations and take acknowledgment of the execution of instruments of writing in this State which are to be used in the District Court, or in any district or appellate court of the United States.
13 Del. Laws, c. 14;  Code 1915, §  4241;  Code 1935, §  4711;  10 Del. C. 1953, §  5303;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter I. Authority to Administer Oaths › § 5304. Court appointees and surveyors.

§ 5304. Court appointees and surveyors.
(a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to each other and to any surveyor, or person, by them employed, and to any witness produced before them, any oath or affirmation required or proper to be taken in the case.
(b) Every surveyor may administer the proper oath or affirmation to chain carriers acting under the surveyor.
(c) The form of the oath or affirmation required to be taken by persons so appointed or authorized, with directions for administering the same, shall accompany every commission, rule, or order issued out of any court.
Code 1852, §§  2356-2358;  Code 1915, §  4244;  Code 1935, §  4714;  10 Del. C. 1953, §  5304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter I. Authority to Administer Oaths › § 5305. Nonresidents in legal proceedings.

§ 5305. Nonresidents in legal proceedings.
In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State prescribe for taking the acknowledgment of deeds or the probate of accounts against a deceased person's estate, where the acknowledgment or probate is made out of this State.
13 Del. Laws, c. 462;  Code 1915, §  4250;  Code 1935, §  4720;  10 Del. C. 1953, §  5305;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter II. Procedure and Form of Oaths › § 5321. Method of administering.

§ 5321. Method of administering.
The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book.
Code 1852, §  2359;  Code 1915, §  4245;  Code 1935, §  4715;  10 Del. C. 1953, §  5321;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter II. Procedure and Form of Oaths › § 5322. Uplifted hand.

§ 5322. Uplifted hand.
A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall answer to God at the Great Day.”
Code 1852, §  2360;  Code 1915, §  4247;  Code 1935, §  4717;  10 Del. C. 1953, §  5322;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter II. Procedure and Form of Oaths › § 5323. Affirmation.

§ 5323. Affirmation.
A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified.
Code 1852, §  2361;  Code 1915, §  4248;  Code 1935, §  4718;  10 Del. C. 1953, §  5323;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53. OATHS › Subchapter II. Procedure and Form of Oaths › § 5324. Non-Christians.

§ 5324. Non-Christians.
A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person's religion, if there be any such.
Code 1852, §  2362;  Code 1915, §  4249;  Code 1935, §  4719;  10 Del. C. 1953, §  5324;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5352. Definitions.

§ 5352. Definitions.
In this chapter:
(1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2) “Law” includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) “Sign” means, with present intent to authenticate or adopt a record:
a. To execute or adopt a tangible symbol; or
b. To attach to or logically associate with the record an electronic symbol, sound, or process.
(5) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6) “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7) “Unsworn declaration” means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5353. Applicability.

§ 5353. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5354. Validity of unsworn declaration.

§ 5354. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b) of this section, if a law of this State requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(b) This chapter does not apply to:
(1) A deposition;
(2) An oath of office;
(3) An oath required to be given before a specified official other than a notary public;
(4) A declaration to be recorded pursuant to Title 25; or
(5) An acknowledgement or affidavit required by § 1305 of Title 12.
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5355. Required medium.

§ 5355. Required medium.
If a law of this State requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5356. Form of unsworn declaration.

§ 5356. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
I declare under penalty of perjury under the law of Delaware that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ________ day of ________________ (month), ________ (year), at ________________________________ (city or other location, and state), ________________________________ (country).
________________________________________________________________ (printed name)
________________________________________________________________ (signature)
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5357. Uniformity of application and construction.

§ 5357. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT › § 5358. Relation to Electronic Signatures in Global and National Commerce Act.

§ 5358. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that Act, 15 U.S.C. § 7003(b).
77 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 54. Court Interpretation and Construction of Delaware Laws [See Evans v. State, 872 A.2d 539 (Del. 2005)concerning unconstitutionality of this chapter.] › § 5402. Evans v. State [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].

§ 5402. @*@*Evans v. State@*END@* @*bold@* [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@*END@*
Based on the findings set forth in § 5401 of this title and in recognition that the Delaware Constitution vests authority and sole responsibility for lawmaking in the General Assembly, the General Assembly asserts its right and prerogative to be the ultimate arbiter of the intent, meaning, and construction of its laws and to vigorously defend them; therefore, the members of the General Assembly declare that the decision of the Delaware Supreme Court in the case of Evans v. State, 2004 WL 2743546 (Del. Supr.), is null and void. Because the Court's order in Evans v. State has not yet been put into effect, the sentence of any prisoner who may have been affected by the order, had it gone into effect, is deemed to be uninterrupted and is not subject to an ex post facto attack.
75 Del. Laws, c. 1, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 54. Court Interpretation and Construction of Delaware Laws [See Evans v. State, 872 A.2d 539 (Del. 2005)concerning unconstitutionality of this chapter.] › § 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].

§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].
(a) Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the General Assembly in passing statutes, nor may they interpret or construe statutes and other Delaware law when the text is clear and unambiguous.
(b) Notwithstanding § 203 of Title 11, Delaware judicial officers shall strictly interpret or construe legislative intent.
(c) Delaware judicial officers shall use the utmost restraint when interpreting or construing the laws of this State.
75 Del. Laws, c. 1, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5701. Effect of arbitration agreement.

§ 5701. Effect of arbitration agreement.
A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract, without regard to the justiciable character of the controversy, and confers jurisdiction on the Chancery Court of the State to enforce it and to enter judgment on an award. In determining any matter arising under this chapter, the Court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute. This chapter also applies to arbitration agreements between employers and employees or between their respective representatives, except as otherwise provided in § 5725 of this title.
10 Del. C. 1953, §  5701;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5703. Proceedings to compel or enjoin arbitration; notice of intention to arbitrate.

§ 5703. Proceedings to compel or enjoin arbitration; notice of intention to arbitrate.
(a) Proceeding to compel arbitration. — A party aggrieved by the failure of another to arbitrate may file a complaint for an order compelling arbitration. Where there is no substantial question whether a valid agreement to arbitrate in this State was made or complied with the Court shall order the parties to proceed with arbitration. Where any such question is raised it shall be tried forthwith in said Court. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in the Court of Chancery in the State the application shall be made therein. If the application is granted, the order shall operate to stay the pending or any subsequent action, or so much of it as is referable to arbitration. Any action or proceeding in any other court of the State, involving an issue subject to arbitration, shall be stayed if an order for arbitration or a complaint or an application therefor has been made in the Court of Chancery under this chapter or, if the issue is severable, the stay may be with respect thereto only.
(b) Application to enjoin arbitration. — Subject to subsection (c) of this section, a party who has not participated in the arbitration and who has not been made or served with an application to compel arbitration may file its complaint with the Court seeking to enjoin arbitration on the ground that a valid agreement was not made or has not been complied with.
(c) Notice of intention to arbitrate. — A party must serve upon another party a notice of intention to arbitrate, specifying the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party served applies to enjoin the arbitration within 20 days after such service such party shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with. Such notice shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. A complaint seeking to enjoin arbitration must be made by the party served within 20 days after service of the notice or the party shall be so precluded. Notice of the filing of such complaint shall be served in the same manner as a summons or by registered or certified mail, return receipt requested.
10 Del. C. 1953, §  5703;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 8, §§  4-6;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5704. Appointment of arbitrators by Court.

§ 5704. Appointment of arbitrators by Court.
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator's successor has not been duly appointed, the Court on complaint or on application in an existing case of a party shall appoint 1 or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
10 Del. C. 1953, §  5704;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5705. Majority action by arbitrators.

§ 5705. Majority action by arbitrators.
The powers of the arbitrators shall be exercised by a majority unless otherwise provided by the agreement.
10 Del. C. 1953, §  5705;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5706. Hearing.

§ 5706. Hearing.
Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail, return receipt requested, not less than 5 days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The Court, on complaint or on application in an existing action, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
10 Del. C. 1953, §  5706;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5707. Representation by attorney.

§ 5707. Representation by attorney.
A party has the right to be represented by an attorney, and may claim such right at any time at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. If a party is represented by an attorney, papers to be served on the party shall be served upon the party's attorney.
10 Del. C. 1953, §  5707;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5708. Witnesses; subpoenas; depositions.

§ 5708. Witnesses; subpoenas; depositions.
(a) The arbitrators may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence, and shall have the power to administer oaths. An arbitrator and any attorney of record in any arbitration proceeding shall have the power to issue subpoenas in his or her own name. Subpoenas so issued shall be served by any sheriff, deputy sheriff, constable or other person, in the manner provided by law for the service and enforcement of subpoenas in a civil action and in accordance with the provisions of Chapter 21 of this title.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c) All provisions of law compelling a person under subpoena to testify are applicable.
(d) Fees for attendance as a witness shall be in accordance with § 8903 of this title.
10 Del. C. 1953, §  5708;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5709. Award generally.

§ 5709. Award generally.
(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the Court orders on complaint or application of a party in an existing case. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of such objection prior to the delivery of the award. The arbitrators shall deliver a copy of the award to each party in the manner provided in the agreement, or if no provision is so made, personally or by registered or certified mail, return receipt requested.
10 Del. C. 1953, §  5709;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5710. Award by confession.

§ 5710. Award by confession.
(a) When available. — An award by confession may be made for money due or to become due at any time before an award is otherwise made. The award shall be based upon a statement, verified by each party, containing an authorization to make the award, the sum of the award or the method of ascertaining it, and the facts constituting the liability.
(b) Time of award. — The award shall be made at any time within 3 months after the statement is verified and has been served upon the arbitrators or the agency or person or persons named by the parties to designate the arbitrators. Such service shall be made personally or by registered or certified mail, return receipt requested.
(c) Persons or agency making award. — The award may be made and entered on the judgment roll by the arbitrators or by the agency or person or persons named by the parties to designate the arbitrators.
10 Del. C. 1953, §  5710;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5711. Modification of award by arbitrators.

§ 5711. Modification of award by arbitrators.
On written application of a party to the arbitrators within 20 days after delivery of the award to the applicant, or, if an application to the Court is pending under § 5713, 5714 or 5715 of this title, on submission to the arbitrators by the Court under such conditions as the Court may order, the arbitrators may modify or correct the award upon the grounds stated in § 5715(a)(1) and (3) of this title, or for the purpose of clarifying the award. Written notice of such application to the arbitrators shall be given forthwith to the opposing party, delivered personally or by registered or certified mail, return receipt requested, stating that the party must serve his or her objections thereto, if any, within 10 days from the date of the notice. The arbitrators shall dispose of any application made under this section in writing, signed and acknowledged by them, within 30 days after either written objection to modification has been served on them or the time for serving such objection has expired, whichever is earlier. The parties may in writing extend the time for such disposition either before or after its expiration. The award so modified or corrected by the arbitrators is subject to the provisions of §§ 5713, 5714 and 5715 of this title.
10 Del. C. 1953, §  5711;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5712. Fees and expenses of arbitration.

§ 5712. Fees and expenses of arbitration.
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The Court, on complaint or on application in an existing case, may reduce or disallow any fee or expense which it finds excessive, or may allocate it as justice requires.
10 Del. C. 1953, §  5712;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5713. Confirmation of an award.

§ 5713. Confirmation of an award.
The Court shall confirm an award upon complaint or application of a party in an existing case made within 1 year after its delivery to the party, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the Court shall proceed as provided in §§ 5714 and 5715 of this title.
10 Del. C. 1953, §  5713;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;