reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7701. Definitions.

§ 7701. Definitions.
As used in this section:
(1) “Firearm” means as defined in § 222 of Title 11.
(2) “Law-enforcement officer” means as defined in § 222 of Title 11.
(3) “Lethal violence protective order” means an order issued by the Justice of the Peace Court or Superior Court prohibiting and enjoining a person from controlling, owning, purchasing, possessing, having access to, or receiving a firearm.
(4) “Petitioner” means either of the following:
a. A family member of the respondent as defined in § 901 of this title or a member of the class defined in § 1041(2)b. of this title.
b. A law-enforcement officer who files a petition alleging that the respondent poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to or receiving a firearm.
(5) “Physical injury” means as defined in § 222 of Title 11.
(6) “Respondent” means the individual who is alleged to pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to or receiving a firearm.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7702. Commencement of action; procedure.

§ 7702. Commencement of action; procedure.
(a) A petitioner may request relief under § 7703 or § 7704 of this title by filing an affidavit or verified petition.
(b) A petition for a lethal violence protective order must be filed in the county where the respondent resides.
(c) Forms and instructions for initiating a proceeding under this section must be available from the Justice of the Peace Court's office and the Superior Court Prothonotary's office.
(d) All forms and instructions developed for use by the parties to a proceeding under this chapter must contain simple, understandable language.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7705. Termination and renewal.

§ 7705. Termination and renewal.
(a) A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to terminate the order.
(1) The Superior Court must provide notice to all parties and a hearing before the Court may terminate the order.
(2) The respondent must prove by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm.
(3) If the Superior Court finds after a hearing that the respondent has met the burden imposed by paragraph (a)(2) of this section, the Court shall terminate the order.
(b) A petitioner may request a renewal of a lethal violence protective order at any time within 3 months before the expiration of a lethal violence protective order issued under § 7704 of this title or this subsection.
(1) The Superior Court must provide notice to all parties and a hearing before the Court may renew an order issued under § 7704 of this title or this subsection.
(2) The petitioner must prove by clear and convincing evidence that the respondent continues to pose a danger of causing physical injury to self or others in the near future by controlling, owning, purchasing, possessing, having access to, or receiving a firearm.
(3) If the Superior Court finds after a hearing that the respondent has met the burden imposed by paragraph (b)(2) of this section, the Court shall renew the lethal violence protective order.
(4) The Superior Court is to set the duration of the renewed lethal violence protective order, up to 1 year. The order remains in effect unless terminated under subsection (a) of this section, renewed under this subsection, or expired and not renewed.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7706. Return and disposal of firearms.

§ 7706. Return and disposal of firearms.
If an order issued under this chapter is vacated under § 7704 (e) of this title, terminated under § 7705(a) of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent any firearms or ammunition taken from the respondent under this chapter unless otherwise prohibited under § 1448 of Title 11.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7707. Limitation on liability.

§ 7707. Limitation on liability.
(a) Nothing in this chapter precludes a petitioner or law-enforcement officer from removing firearms under other authority or filing criminal charges when probable cause exists.
(b) A law-enforcement officer, who in good faith does not seek a lethal violence protective order under this chapter, is immune from civil liability.
(c) A law-enforcement agency is immune from civil or criminal liability for any damage or deterioration of firearms stored or transported under this section. This subsection does not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law-enforcement agency or federally-licensed firearms dealer.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7708. Sanctions.

§ 7708. Sanctions.
(a) Any person who violates a lethal violence protection order may be guilty of criminal contempt under § 1271A of Title 11.
(b) Any person who swears falsely, as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7702, § 7703, or § 7704 of this title, a written request to terminate or renew a lethal violence protective order under § 7705 of this title, or in any court hearing under § 7703, § 7704, or § 7705 may be guilty of perjury under § 1221, § 1222 or § 1223 of Title 11.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 77. Lethal Violence Protective Order › § 7709. Rules and regulations.

§ 7709. Rules and regulations.
The Supreme Court, Superior Court, Justice of the Peace Court, State Police, State Bureau of Identification, and Delaware Criminal Justice Information System Board of Managers may promulgate rules and regulations to carry out the purposes of this chapter.
81 Del. Laws, c. 274, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7801. Short title.

§ 7801. Short title.
This chapter may be cited as the “Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” or “DUCRUDIIA” .
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7802. Definitions.

§ 7802. Definitions.
For purposes of this chapter:
(1) “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(2) “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image.
(3) “Disclosure” means transfer, publication, or distribution to another person. “Disclose” has a corresponding meaning.
(4) “Identifiable” means recognizable by a person other than the depicted individual from any of the following:
a. An intimate image itself.
b. An intimate image and identifying characteristic displayed in connection with the intimate image.
(5) “Identifying characteristic” means information that may be used to identify a depicted individual.
(6) “Individual” means a human being.
(7) “Intimate image” means a photograph, film, video recording, or other similar medium that shows 1 or more of the following:
a. The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual.
b. A depicted individual engaging in or being subjected to sexual conduct.
(8) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(9) “Sexual conduct” includes any of the following:
a. Masturbation.
b. Genital, anal, or oral sex.
c. Sexual penetration of, or with, an object.
d. Bestiality.
e. The transfer of semen onto a depicted individual.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7803. Civil action.

§ 7803. Civil action.
(a) In this section:
(1) “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(2) “Private” means 1 or more of the following:
a. Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy.
b. Made accessible through theft, bribery, extortion, fraud, false pretenses, sexual exploitation of a minor, violation of privacy, or computer-related offenses.
(b) Except as otherwise provided under § 7804 of this title, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for all of the following:
(1) The depicted individual did not consent to the disclosure.
(2) The intimate image was private.
(3) The depicted individual was identifiable.
(c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:
(1) Consent to creation of the image.
(2) Previous consensual disclosure of the image.
(d) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7804. Exceptions to liability.

§ 7804. Exceptions to liability.
(a) In this section:
(1) “Child” means an unemancipated individual who is less than 18 years of age.
(2) “Parent” means an individual recognized as a parent under law of this State other than this chapter.
(b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image meets any of the following:
(1) Made in good faith in any of the following:
a. Law enforcement.
b. A legal proceeding.
c. Medical education or treatment.
(2) Made in good faith in the reporting or investigation of 1 or more of the following:
a. Unlawful conduct.
b. Unsolicited and unwelcome conduct.
(3) Related to a matter of public concern or public interest.
(4) Reasonably intended to assist the depicted individual.
(c) Subject to subsection (d) of this section, a defendant who is a parent or guardian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined under § 7802(7)a. of this title, of the child.
(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was any of the following:
(1) Prohibited by law other than this chapter.
(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7805. Plaintiff's privacy.

§ 7805. Plaintiff's privacy.
In an action under this chapter:
(1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff.
(2) A plaintiff to whom paragraph (1) of this section applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics.
(3) The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7806. Remedies.

§ 7806. Remedies.
(a) In an action under this chapter, a prevailing plaintiff may recover all of the following:
(1) The greater of either of the following:
a. Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages.
b. Statutory damages not to exceed $10,000 against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this paragraph (a)(1)b., consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors.
(2) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image.
(3) Punitive damages.
(b) In an action under this chapter, the court may award a prevailing plaintiff any of the following:
(1) Reasonable attorneys' fees and costs.
(2) Additional relief, including injunctive relief.
(c) This chapter does not affect a right or remedy available under law of this State other than this chapter.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7807. Statute of limitations.

§ 7807. Statute of limitations.
(a) An action under § 7803(b) of this title for:
(1) An unauthorized disclosure may not be brought later than 4 years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.
(2) A threat to disclose may not be brought later than 4 years from the date of the threat to disclose.
(b) In an action under § 7803(b) of this title by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection (a) of this section does not begin to run until the depicted individual attained 18 years of age.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7808. Construction.

§ 7808. Construction.
(a) (1) This chapter must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. §  230.
(2) Nothing in this chapter may be construed to impose liability on an interactive computer service, as defined in the Communications Decency Act of 1996, 47 U.S.C. §  230(f)(2), for content provided by another person.
(b) This chapter may not be construed to alter the law of this State on sovereign immunity.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 78. Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act › § 7809. Uniformity of application and construction.

§ 7809. 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.
82 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 79. REAL ACTIONS › § 7901. Right of entry.

§ 7901. Right of entry.
No person shall make an entry into any lands, tenements, or hereditaments, but within 20 years next after the person's right or title to the same first descended or accrued.
Code 1852, §  2733;  Code 1915, §  4662;  Code 1935, §  5120;  10 Del. C. 1953, §  7901;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 79. REAL ACTIONS › § 7902. Seisin or possession.

§ 7902. Seisin or possession.
No person shall have, or maintain any writ of right, or action, real, personal, or mixed, for, or make any prescription, or claim, to, or in, any lands, tenements, or hereditaments, of the seisin, or possession of the person, the person's ancestor, or predecessor, and declare, or allege, in any manner whatever, any further seisin of the person, the person's ancestor, or predecessor, but only an actual seisin of the person, the person's ancestor, or predecessor, of the premises sued for, or claimed, within 20 years next before such writ, or action.
Code 1852, §  2734;  Code 1915, §  4663;  Code 1935, §  5121;  10 Del. C. 1953, §  7902;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 79. REAL ACTIONS › § 7903. Extension of rights of infants and other persons under disability.

§ 7903. Extension of rights of infants and other persons under disability.
If at any time when a right of entry upon, or action for any lands or tenements first accrues, the person entitled to such entry, or action, is an infant, or mentally ill, or imprisoned, such person, or anyone claiming from, by, or under such person, may make the entry, or bring the action, at any time within 10 years after such disability is removed, notwithstanding the 20 years specified in §§ 7901 and 7902 of this title as limited in that behalf has expired.
Code 1852, §  2735;  Code 1915, §  4664;  Code 1935, §  5122;  10 Del. C. 1953, §  7903;  49 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 79. REAL ACTIONS › § 7904. Successors in title to persons under disability.

§ 7904. Successors in title to persons under disability.
If the person entitled to an entry or action dies under any of the disabilities specified in this chapter, any other person claiming from, by, or under such person, shall have the same benefit which the person first entitled would have had, by living until the removal of the disability.
Code 1852, §  2736;  Code 1915, §  4665;  Code 1935, §  5123;  10 Del. C. 1953, §  7904;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8101. Sheriff's recognizance or administration bond.

§ 8101. Sheriff's recognizance or administration bond.
No action shall be brought upon the official recognizance of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties, after the expiration of 6 years from the date of such recognizance or bond. The bond of any executor or administrator cum testamento annexo, who, during his or her life, is entitled under the will of any deceased testator to the personal estate of such deceased testator, shall continue in force for the period of 3 years after the death of such executor or administrator.
Code 1852, §  2737;  20 Del. Laws, c. 583, §  4;  Code 1915, §  4666;  Code 1935, §  5124;  10 Del. C. 1953, §  8101;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8102. Guardian bond.

§ 8102. Guardian bond.
No action shall be brought upon any guardian bond, against either the principal or sureties, after the expiration of 3 years from the determination or ceasing of the guardianship.
Code 1852, §  2738;  Code 1915, §  4667;  Code 1935, §  5125;  10 Del. C. 1953, §  8102;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8103. Recognizance in Chancery Court.

§ 8103. Recognizance in Chancery Court.
No action shall be brought upon any recognizance taken in the Chancery Court, with condition for the payment of the appraised value or purchase money of lands or tenements, against any surety in such recognizance, or the heirs, terre-tenants, executors, or administrators, of such surety, after the expiration of 3 years from the time when the value, or money, mentioned in the condition, or the last installment thereof (when it is payable by installments), is due.
Code 1852, §  2739;  Code 1915, §  4668;  Code 1935, §  5126;  10 Del. C. 1953, §  8103;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8104. Official bond.

§ 8104. Official bond.
No action shall be brought upon the official obligation of any State Treasurer, Secretary of State, county treasurer, register of wills, recorder of deeds, Prothonotary, Clerk of the Peace, Register in Chancery, collector, or constable, against either the principal or sureties, after the expiration of 3 years from the accruing of the cause of such action.
Code 1852, §  2740;  19 Del. Laws, c. 265;  Code 1915, §  4669;  Code 1935, §  5127;  10 Del. C. 1953, §  8104;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8105. Escheator's bond.

§ 8105. Escheator's bond.
No action shall be brought upon the official obligation of an escheator, against either the principal or sureties, after 7 years from the expiration of the escheator's term of office.
Code 1852, §  2741;  Code 1915, §  4670;  Code 1935, §  5128;  10 Del. C. 1953, §  8105;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8106. Actions subject to 3-year limitation.

§ 8106. Actions subject to 3-year limitation.
(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of §§ 8108-8110, 8119 and 8127 of this title.
(b) Contractual limitations. — Notwithstanding any other provision of this section, a property insurance contract subject to subchapter III of Chapter 41 of Title 18:
(1) May not require that an action for a claim made under the contract be filed less than 1 year from the date of the denial of the claim by the insurer; and
(2) May permit an action for a claim made under the contract to be filed more than 1 year from the date of the denial of the claim by the insurer.
(c) Notwithstanding anything to the contrary in this chapter (other than subsection (b) of this section) or in § 2-725 of Title 6, an action based on a written contract, agreement or undertaking involving at least $100,000 may be brought within a period specified in such written contract, agreement or undertaking provided it is brought prior to the expiration of 20 years from the accruing of the cause of such action.
Code 1852, §  2742;  Code 1915, §  4671;  Code 1935, §  5129;  46 Del. Laws, c. 115, §  1;  10 Del. C. 1953, §  8106;  57 Del. Laws, c. 568, §  2;  76 Del. Laws, c. 223, §  2;  79 Del. Laws, c. 353, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8107. Actions subject to 2-year limitation.

§ 8107. Actions subject to 2-year limitation.
No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.
10 Del. C. 1953, §  8106A;  52 Del. Laws, c. 339, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8108. Mutual running accounts.

§ 8108. Mutual running accounts.
In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.
Code 1852, §  2743;  Code 1915, §  4672;  Code 1935, §  5130;  10 Del. C. 1953, §  8107;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8109. Bills and notes.

§ 8109. Bills and notes.
When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.
Code 1852, §  2744;  Code 1915, §  4673;  Code 1935, §  5131;  10 Del. C. 1953, §  8108;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8110. Mesne profits after ejectment.

§ 8110. Mesne profits after ejectment.
When, after a recovery in ejectment, an action is brought for mesne profits, if such action is commenced within 6 months after the ejectment, or, if there is an appeal or a writ of error, within 6 months after the affirmance of the judgment, or other determination of the proceeding in error, the action shall, so far as to avoid the intermediate operation of § 8106 of this title, be deemed a continuation of the proceeding in ejectment. The plaintiff shall not be debarred from recovering mesne profits for 3 years next preceding the commencement of the ejectment.
Code 1852, §  2745;  Code 1915, §  4674;  Code 1935, §  5132;  10 Del. C. 1953, §  8109;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8111. Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, § 2].

§ 8111. Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, § 2].
No action for recovery upon a claim for wages, salary, or overtime for work, labor, or personal services performed, or for damages (actual, compensatory, or punitive, liquidated or otherwise), or for interest or penalties resulting from the failure to pay any such claim, or for any other benefits arising from such work, labor, or personal services performed or in connection with any such action, shall be brought after the expiration of 2 years from the accruing of the cause of action on which such action is based.
20 Del. Laws, c. 594;  Code 1915, §  4675;  Code 1935, §  5133;  46 Del. Laws, c. 114;  10 Del. C. 1953, §  8110;  84 Del. Laws, c. 20, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8112. Waste.

§ 8112. Waste.
No action to recover damages for waste shall be brought after the expiration of 3 years from the committing of the waste.
Code 1852, §  2746;  Code 1915, §  4676;  Code 1935, §  5134;  46 Del. Laws, c. 115, §  2;  10 Del. C. 1953, §  8111;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8113. Actions against decedent's estate.

§ 8113. Actions against decedent's estate.
In all actions or claims against an executor or administrator of a decedent's estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided for in this chapter shall be extended for a period of 6 months from the date of the decedent's death. If the claim was filed within the proper time with the executor or administrator the defense of the statute of limitations shall not avail to such executor or administrator if he or she subsequently rejects the claim and action is commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection as provided by § 2102 of Title 12.
Code 1935, §§  5143-A;  45 Del. Laws, c. 256;  10 Del. C. 1953, §  8112;  66 Del. Laws, c. 374, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8114. Corporate officers' bonds.

§ 8114. Corporate officers' bonds.
No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation, by any officer of such bank or corporation, with condition for the officer's good behavior, or for the faithful discharge of the duties of the officer's station, or touching the execution of the officer's office, against either the principal or sureties, after the expiration of 2 years from the accruing of the cause of such action. No action shall be brought, and no proceedings shall be had upon any such bond, or upon any judgment thereon, against either the principal or sureties, for any cause of action accruing after the expiration of 6 years from the date of such bond.
Code 1852, §§  2747, 2748;  Code 1915, §  4677;  Code 1935, §  5135;  10 Del. C. 1953, §  8113;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8115. Forfeiture under penal statute.

§ 8115. Forfeiture under penal statute.
No civil action for a forfeiture upon a penal statute, whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of 1 year from the accruing of the cause of such action.
Code 1852, §  2749;  Code 1915, §  4678;  Code 1935, §  5136;  10 Del. C. 1953, §  8114;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8116. Savings for infants or persons under disability.

§ 8116. Savings for infants or persons under disability.
If a person entitled to any action comprehended within §§ 8101-8115 of this title, shall have been, at the time of the accruing of the cause of such action, under disability of infancy or incompetency of mind, this chapter shall not be a bar to such action during the continuance of such disability, nor until the expiration of 3 years from the removal thereof.
Code 1852, §  2750;  Code 1915, §  4679;  Code 1935, §  5137;  10 Del. C. 1953, §  8115;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8117. Defendant's absence from State.

§ 8117. Defendant's absence from State.
If at the time when a cause of action accrues against any person, such person is out of the State, the action may be commenced, within the time limited therefor in this chapter, after such person comes into the State in such manner that by reasonable diligence, such person may be served with process. If, after a cause of action shall have accrued against any person, such person departs from and resides or remains out of the State, the time of such person's absence until such person shall have returned into the State in the manner provided in this section, shall not be taken as any part of the time limited for the commencement of the action.
Code 1852, §  2751;  20 Del. Laws, c. 594;  25 Del. Laws, c. 234;  Code 1915, §  4680;  Code 1935, §  5138;  10 Del. C. 1953, §  8116;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8118. Other savings.

§ 8118. Other savings.
(a) If in any action duly commenced within the time limited therefor in this chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ is abated, or the action otherwise avoided or defeated by the death of any party thereto, or for any matter of form; or if after a verdict for the plaintiff, the judgment shall not be given for the plaintiff because of some error appearing on the face of the record which vitiates the proceedings; or if a judgment for the plaintiff is reversed on appeal or a writ of error; a new action may be commenced, for the same cause of action, at any time within 1 year after the abatement or other determination of the original action, or after the reversal of the judgment therein.
(b) If in the original action, the benefit of this chapter is pleaded, and a verdict upon such defense is found for the plaintiff, such verdict shall be conclusive evidence that the original action was commenced within the time limited therefor.
Code 1852, §§  2752, 2753;  Code 1915, §  4681;  Code 1935, §  5139;  10 Del. C. 1953, §  8117;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8119. Personal injuries.

§ 8119. Personal injuries.
No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.
20 Del. Laws, c. 594, §  1;  Code 1915, §  4675;  Code 1935, §  5133;  10 Del. C. 1953, §  8118;  52 Del. Laws, c. 339, §  2;  57 Del. Laws, c. 568, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8120. Setoff.

§ 8120. Setoff.
This chapter shall apply to any debt alleged by way of setoff or counterclaim on the part of a defendant. The time of limitation of such debt shall be computed in like manner as if an action therefor had been commenced at the time when the plaintiff's action commenced.
Code 1852, §  2754;  Code 1915, §  4682;  Code 1935, §  5140;  10 Del. C. 1953, §  8119;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8121. Cause of action arising outside State.

§ 8121. Cause of action arising outside State.
Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by the law of the state or country where the cause of action arose, for bringing an action upon such cause of action. Where the cause of action originally accrued in favor of a person who at the time of such accrual was a resident of this State, the time limited by the law of this State shall apply.
46 Del. Laws, c. 254, §  1;  10 Del. C. 1953, §  8120;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8122. Marking and bounding lands.

§ 8122. Marking and bounding lands.
The return of commissions to mark and bound lands, if no action is brought to controvert the same within 7 years, shall be conclusive evidence of the original location of such land, and of the lines and boundaries thereof, saving to infants, persons insane, imprisoned or beyond sea, and those claiming under them, the right to bring such action within 5 years from the removal of such disability. The term of 7 years shall not begin to run against any person while such person is in possession of the land in controversy.
Code 1852, §  996;  Code 1915, §  4683;  Code 1935, §  5141;  10 Del. C. 1953, §  8121;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8123. Forcible entry and detainer.

§ 8123. Forcible entry and detainer.
No writs shall be issued, by a justice of the peace or the Court of Common Pleas, upon a complaint of forcible entry, after 1 year from the time of such entry; or upon a complaint of forcible detainer merely, after the tenant has been in continued possession of the premises for 2 years. These limitations need not be pleaded, but they shall defeat any such suit whenever it appears that they apply to it.
Code 1852, §  2208;  Code 1915, §  4685;  Code 1935, §  5143;  10 Del. C. 1953, §  8122;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8124. Notice of claim against City of Wilmington.

§ 8124. Notice of claim against City of Wilmington.
No action, suit or proceeding shall be brought or maintained against the Mayor and Council of Wilmington for damages on account of physical injuries, death or injury to property by reason of the negligence of the Mayor and Council of Wilmington or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted shall, within 1 year from the happening of such injury, notify the Mayor in writing of the time, place, cause and character of the injuries sustained.
34 Del. Laws, c. 119;  Code 1935, §  2470;  10 Del. C. 1953, §  8123;  53 Del. Laws, c. 164.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8125. Valuation and assessment of property.

§ 8125. Valuation and assessment of property.
Actions for anything done in pursuance of Chapter 83 of Title 9, relating to valuation and assessment of property, shall be brought within 6 months. If judgment is given for defendant, defendant shall recover treble costs.
Code 1852, §  175;  Code 1915, §  1136;  Code 1935, §§  1282, 1313, 1335;  10 Del. C. 1953, §  8124;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8126. County and municipality zoning and planning actions.

§ 8126. County and municipality zoning and planning actions.
(a) No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any ordinance, code, regulation or map, relating to zoning, or any amendment thereto, or any regulation or ordinance relating to subdivision and land development, or any amendment thereto, enacted by the governing body of a county or municipality, is challenged, whether by direct or collateral attack or otherwise, shall be brought after the expiration of 60 days from the date of publication in a newspaper of general circulation in the county or municipality in which such adoption occurred, of notice of the adoption of such ordinance, code, regulation, map or amendment.
(b) No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any action of the appropriate county or municipal body finally granting or denying approval of a final or record plan submitted under the subdivision and land development regulations of such county or municipality is challenged, whether directly or by collateral attack or otherwise, shall be brought after the expiration of 60 days from the date of publication in a newspaper of general circulation in the county or municipality in which such action occurred, of notice of such final approval or denial of such final or record plan.
10 Del. C. 1953, §  8125;  56 Del. Laws, c. 467.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8128. Health care malpractice action limitations.

§ 8128. Health care malpractice action limitations.
No action for the recovery of damages upon a claim based upon alleged health care malpractice, whether in the nature of a tort action or breach of contract action, shall be brought after the expiration of the time period for bringing such action set forth in § 6856 of Title 18.
60 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8129. Inheritance and estate taxes.

§ 8129. Inheritance and estate taxes.
No action shall be brought by the State for the collection of inheritance taxes and estate taxes upon the estate of any decedent after the expiration of 20 years from the decedent's date of death.
61 Del. Laws, c. 439, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8131. Limitation for Indochina herbicide exposure.

§ 8131. Limitation for Indochina herbicide exposure.
(a) Notwithstanding any other provision to the contrary, the time limitation for an action to recover damages for wrongful death or for personal injuries suffered by a member or former member of the armed forces of the United States, who served as a member of the armed forces of the United States in Indochina between January 1, 1962, and May 7, 1975, inclusive, due to exposure to phenoxy herbicides, including but not limited to exposure to substances known as Agent Orange, Agent Blue, Agent White and chemical components known as 2, 4-D; 2, 4, 5-T; TCDD; Picloran and cacodylic acid, shall not expire until 2 years has elapsed from the date that said person has been told by a licensed physician (whether in Delaware or otherwise) that the injuries or death may be related, in whole or in part, to exposure to phenoxy herbicides.
(b) If the foregoing 2-year period has expired as of May 10, 1983, then said person shall have from 6 months from May 10, 1983, to file an action to recover damages for phenoxy herbicide exposure in Indochina.
64 Del. Laws, c. 25, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8132. Comparative negligence.

§ 8132. Comparative negligence.
In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff's legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
64 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8134. Limitation on liability of third parties rendering assistance in oil or hazardous material discharge cleanup.

§ 8134. Limitation on liability of third parties rendering assistance in oil or hazardous material discharge cleanup.
(a) The provisions of any law, rule or regulation to the contrary notwithstanding, the liability of any person rendering care, assistance or advice to prevent, minimize or mitigate oil or hazardous material discharge for any removal costs and damage caused by, or related to, such care, assistance or advice shall be limited to acts or omissions of such person which can be shown to have been the result of gross negligence, or reckless, wilful, wanton and/or intentional acts of misconduct on the part of such person.
(b) The limit of liability as set forth in subsection (a) of this section shall not apply to the actions of any person responsible for the initial discharge.
(c) Any person responsible for the initial discharge is liable for any removal costs and damages that another person is relieved of under subsection (a) of this section.
(d) This section shall not be construed to limit any liability of any person for personal injuries or wrongful death as a result of the acts or omissions of such person.
68 Del. Laws, c. 5, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 81. PERSONAL ACTIONS › § 8135. Limitation from civil liability for certain volunteers.

§ 8135. Limitation from civil liability for certain volunteers.
(a) For purposes of this section, the following terms shall have the meanings ascribed herein:
(1) “Activity” is any decision, act or event relating to medical or dental treatment of a person undertaken by the medical or dental clinic in furtherance of the person's medical or dental treatment.
(2) “Compensation” is any remuneration, whether by way of salary, fee or otherwise, for services rendered, exclusive of any gift perquisite in form of access to services of the medical or dental clinic at no or a reduced cost or reimbursement for costs actually incurred or the providing of lunch or other meals.
(3) “Employee” is any person who receives compensation from the medical or dental clinic for services rendered in connection with an activity of the medical or dental clinic.
(4) “Medical or dental clinic” is any facility other than a hospital or doctor's or dentist's office which offers medical or dental services, which is run by a nonprofit entity under § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)], and which is staffed entirely or in part by licensed physicians or nurses or licensed dentists or dental hygienists who serve without compensation.
(5) “Volunteer” is any licensed physician or nurse or licensed dentist or dental hygienist engaged in an activity for a medical or dental clinic without compensation.
(b) No volunteer or the medical or dental clinic with which the volunteer is affiliated shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of the volunteer while serving the medical or dental clinic, unless said volunteer has insurance coverage for such acts or omissions in which case the amount recovered shall not exceed the limits of such applicable insurance coverage.
(c) Notwithstanding those provisions of subsection (b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; provided, that the amount recovered from such volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.
(d) The immunity granted in subsection (b) of this section shall not extend to any act or omission constituting wilful and wanton or grossly negligent conduct.
67 Del. Laws, c. 211, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 395, §§  1-4;