reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9585. Goods and chattels subject to attachment; notice; judgment; creditors.

§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors.
(a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment.
(b) The constable shall be responsible for the safe keeping of the goods to be levied on in execution of the plaintiff's judgment when obtained. If the goods are of a perishable nature, they may be sold on the justice's order, and on due notice. The proceeds shall be held by the constable to be so applied, or restored, as is right. The constable's official bond shall embrace both these duties.
(c) When either goods are attached, or garnishee summoned, public notice to the following effect shall be given for 1 month by advertisements posted in the justice's office, at the courthouse door of the justice's county, and in 3 public places of the defendant's hundred, or, if within 2 years the defendant had no residence in the county, then in the justice's hundred. On proof of such notice, and of the plaintiff's demand before the justice, if under $5.00, and before referees, if above that sum, judgment may be rendered. The notices shall be prepared by the justice and shall state the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit, and the return.
(d) Any other creditor of the defendant may, on application, be permitted to defend such claims in the defendant's name, or to open and controvert the judgment, or appeal from the same as in other cases.
(e) Nothing in this section shall apply to execution attachments.
Code 1852, §§  2158-2162;  Code 1915, §  4044;  Code 1935, §  4531;  10 Del. C. 1953, §  9592;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 204, § 11;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9586. Service on garnishee; compelling attendance.

§ 9586. Service on garnishee; compelling attendance.
(a) The service of an attachment on a garnishee may be made in the same way as service of an original summons.
(b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justice may compel the garnishee's appearance by process, and may commit the garnishee if he or she refuses to answer or plead as required.
(c) The day for the garnishee's answer, or plea, may be adjourned by the justice, if necessary.
(d) If the justice has not received from the garnishee a copy of the Garnishee's Notice of Service form within 10 days after receipt thereof by the garnishee, the justice shall issue process to compel the appearance of the said garnishee.
Code 1852, §§  2163, 2165;  Code 1915, §  4045;  Code 1935, §  4532;  10 Del. C. 1953, §  9593;  66 Del. Laws, c. 393, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9587. Process to compel appearance of garnishee.

§ 9587. Process to compel appearance of garnishee.
The form of process to be used for compelling the appearance of a garnishee shall be as follows:
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you to bring A. B. forthwith before C. D., one of our justices of the peace, at said justice's office in to answer to E. F. as garnishee of G. H., and have you there this warrant.
*
*
*
*
*
*
Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
*
L. S.
*
*
*
*
*
*
*
Code 1852, §  2164;  Code 1915, §  4045;  Code 1935, §  4532;  10 Del. C. 1953, §  9594;  55 Del. Laws, c. 20, §  22;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9588. Garnishment proceedings.

§ 9588. Garnishment proceedings.
(a) The plaintiff, in his or her election, may require a garnishee to answer on oath, or affirmation, or to plead. The plaintiff shall make the election at or before the appearance, or the answer is taken, and the justice may compel the answer, or plea, by attachment of contempt.
(b) If the garnishee admits in his or her answer, or plea, that at the service of the attachment, or at any time since, there was in his or her hands, or possession, any attachable goods, or chattels, rights, credits, money, or effects of the defendant, judgment shall be given against the garnishee accordingly. The garnishee may, at the time the attachment is served, or returned, or on such other day as is fixed by the justice, deliver specific goods, so in his or her hands, to the constable, who shall make an inventory, and cause them to be appraised by 2 judicious persons under oath, or affirmation, and shall annex such inventory, to the attachment.
(c) A garnishee swearing, or affirming, falsely, is guilty of perjury and may be punished accordingly.
(d) If a garnishee pleads, he or she may deny that there is anything of the defendant's in his or her hands, or possession, or he or she may admit any thing or sum, and deny any thing more. The plea shall be entered and the trial shall proceed to judgment, execution, new trial, or appeal, in all respects as an original action commenced by summons. In order to determine the plaintiff's right to appeal, he or she may have entered on the record the amount of his or her demand against the garnishee. But if, on trial, there is not found against the garnishee more than is admitted by the garnishee's plea, the garnishee shall recover his or her costs against the plaintiff.
(e) There shall be a stay of execution on judgments against garnishees, as in other cases. If by the answer, plea, or trial, it appears that the garnishee owes a sum payable at a future day, there shall be a stay of execution until that time without security.
(f) In no case shall judgment be rendered against a garnishee, until judgment is given against the original debtor, nor for a greater sum; and a garnishee shall, upon request, be admitted to defend the suit against such debtor.
(g) If more is due from a garnishee than is embraced in the judgment against him or her, the garnishee may be required to answer in other cases. If there are several garnishees, the plaintiff may elect against which he or she will take judgment, and the others shall be discharged, but may be required to answer in other cases.
Code 1852, §§  2166-2171;  Code 1915, §  4047;  Code 1935, §  4534;  10 Del. C. 1953, §  9596;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9589. Dissolution of attachment.

§ 9589. Dissolution of attachment.
(a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff's demand and satisfy any judgment rendered against debtor in such suit, the attachment shall be dissolved, and the cause proceed as in other cases.
(b) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and contests the attachment, the justice shall immediately conduct an ex parte post-deprivation hearing on the seizure of the debtor's wages if the justice then determines that there no longer exists a factual basis demonstrating the need for the writ, the attachment shall be dissolved, and the cause proceed as in other cases.
(c) If the original debtor appears for trial, the attachment shall be dissolved, and the cause proceed as in other cases.
(d) In cases not falling within subsection (a), (b) or (c) of this section, the attachment shall, in any event, be dissolved, and the cause proceed as in other cases, 30 days from the date on which the writ of attachment issued.
Code 1852, §§  2172, 2173;  Code 1915, §  4048;  Code 1935, §  4535;  10 Del. C. 1953, §  9597;  66 Del. Laws, c. 393, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9590. Delivery of goods to constable; defense of garnishee; liability of constable.

§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.
(a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgment rendered against the garnishee, exclusive of costs, in the same way as if the garnishee, at the time the attachment was laid, had delivered the property, or paid the money to the defendant in the attachment.
(b) The constable, to whom any goods or effects are, upon any attachment, delivered, and the constable's sureties, shall be liable, on his or her official bond, for the safe keeping of such goods or effects. The constable shall make certain that the goods or effects are taken in execution upon judgment being rendered against the defendant, or are restored to the owner, if no such judgment is rendered. The constable shall account for all money arising from the sale of any such goods or effects, and shall pay the same to the persons entitled.
Code 1852, §§  2174, 2175;  Code 1915, §  4049;  Code 1935, §  4536;  10 Del. C. 1953, §  9598;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter III. Trespass Actions › § 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions.

§ 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions.
(a) In trespass actions under § 9301 of this title, before the summons is issued, the plaintiff shall file a written statement under hand describing the injury of which the plaintiff complains. Service of a summons in an action under this subchapter shall be the same as with service of a summons in an action under subchapter II of this chapter.
(b) When the statement of injury alleges the operation of a vehicle by a servant, agent or employee of defendant, it shall not be necessary for the plaintiff at the trial to prove that the person operating the vehicle was a servant, agent or employee of the defendant or that the servant, agent or employee of the defendant was at the time of the occurrence for which the action is brought operating the vehicle in and about the course of his or her duties as a servant, agent or employee of defendant. These facts shall be taken to be admitted as alleged in the statement of injury unless the defendant, or when there is more than 1 defendant, some one of the defendants, shall have filed, at the latest upon the second day before the time fixed for trial, an affidavit denying that the operator of the vehicle was operating it as a servant, agent or employee of defendant, or that the operator of the vehicle was operating it in and about the course of his or her duties as a servant, agent or employee of defendant.
(c) Counterclaims, cross-claims and third-party actions shall be permitted in all civil actions in accordance with the Civil Rules of the Justice of the Peace Courts.
Code 1852, §  2196;  Code 1915, §  4064;  Code 1935, §§  4545, 4545A;  44 Del. Laws, c. 174;  10 Del. C. 1953, §  9611;  58 Del. Laws, c. 211;  65 Del. Laws, c. 31, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter III. Trespass Actions › § 9612. Form of summons.

§ 9612. Form of summons.
The summons under this subchapter shall be in the form provided by the Justice of the Peace Court for summons in civil cases.
Code 1852, §  2197;  Code 1915, §  4064;  Code 1935, §  4545;  10 Del. C. 1953, §  9612;  55 Del. Laws, c. 20, §  23;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 55, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter III. Trespass Actions › § 9614. Right to appeal.

§ 9614. Right to appeal.
In all cases of trespass, there shall be the same right of appeal to the Court of Common Pleas as in other civil actions.
Code 1915, §  4004A;  29 Del. Laws, c. 255;  Code 1935, §  4543;  41 Del. Laws, c. 209;  10 Del. C. 1953, §  9615;  69 Del. Laws, c. 423, §  12;  77 Del. Laws, c. 55, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9631. Mode of proceeding.

§ 9631. Mode of proceeding.
The proceeding before justices of the peace in actions of replevin and detinue shall be by writ as provided in this subchapter.
Code 1915, §  4065B;  29 Del. Laws, c. 256, §  2;  Code 1935, §  4548;  10 Del. C. 1953, §  9631;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9632. Statement of claims.

§ 9632. Statement of claims.
In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued.
10 Del. C. 1953, §  9632;  59 Del. Laws, c. 74, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9633. Procedure.

§ 9633. Procedure.
(a) In a proceeding under this subchapter, the service of a summons shall be as in all other civil actions. If service is unable to be perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of claim and informing the defendant that a hearing will be held 15 days from the date of the certified letter based upon the claim outlined in the statement of claim.
(b) The summons and the certified letter shall both contain a provision instructing the defendant not to intentionally destroy, damage, sell or secrete the item in question with the further proviso that the violation thereof could result in a civil contempt violation in accordance with § 9506 of this title.
(c) The trial of the issue shall be as in all other civil actions.
(d) Should judgment be entered in favor of the plaintiff, the Court shall issue a writ of replevin in the form outlined in § 9634 of this title.
(e) Upon the execution of the writ of replevin, there shall be a stay of 15 days from the date of the judgment during which the plaintiff shall not sell, damage, destroy or secrete the items. A violation of this section could result in a civil contempt violation in accordance with § 9506 of this title. The purpose of the stay is to permit the defendant to appeal or otherwise act.
(f) Any statute inconsistent with the contents of this section is repealed.
10 Del. C. 1953, §  9633;  59 Del. Laws, c. 74, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9634. Form of writ.

§ 9634. Form of writ.
The writ shall be of the following form:
“ County, ss. The State of Delaware.
To any constable of County.
WE COMMAND YOU to replevy and deliver to the said the following described goods and chattels forthwith to wit:
of the value of dollars lawful money of the United States of America, the goods and chattels of the said , and
WE FURTHER COMMAND YOU that you act forthwith and make a return forthwith. WITNESS the hand and seal of the said justice, this day of , A. D., 20. ”
10 Del. C. 1953, §  9634;  59 Del. Laws, c. 74, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9637. Judgments.

§ 9637. Judgments.
(a) In a proceeding under this subchapter, if the defendant being duly summoned does not appear, or if upon trial it is proved to the satisfaction of the justice that the plaintiff is entitled to the possession of the property, replevied and delivered, plaintiff shall have judgment for the possession thereof and for the costs.
(b) If it appears that the plaintiff is entitled to the possession of a portion of the property, replevied and delivered, plaintiff shall have judgment for the possession of that portion of the property and the defendant shall have judgment for the value of the other portion of the property, and each party shall pay its own costs.
(c) If it appears that the plaintiff is entitled to the possession of all or a portion of the property and that the property replevied was left in the possession of the defendant by reason of a bond having been given, as provided for in this subchapter the plaintiff shall have judgment for the value of the property to which he or she is entitled to the possession, and for the costs; otherwise judgment shall be for the defendant for the value of the property replevied and for the costs.
(d) In all judgments execution may be had to levy the amount thereof.
Code 1915, §  4065E;  29 Del. Laws, c. 256, §  2;  Code 1935, §  4551;  10 Del. C. 1953, §  9638;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9638. Lien of judgment on real estate.

§ 9638. Lien of judgment on real estate.
Any judgment entered under this subchapter may be made a lien on real estate in the same manner as is provided by § 9569 of this title.
Code 1915, §  4065J;  29 Del. Laws, c. 256, §  2;  Code 1935, §  4556;  10 Del. C. 1953, §  9639;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9639. Fees.

§ 9639. Fees.
In proceedings under this subchapter, witnesses shall have the same fees as for attendance before justices of the peace in other actions.
Code 1915, §  4065H;  29 Del. Laws, c. 256, §  2;  Code 1935, §  4554;  10 Del. C. 1953, §  9640;  55 Del. Laws, c. 20, §  27;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter IV. Replevin and Detinue › § 9640. Appeals.

§ 9640. Appeals.
Appeals shall be allowed from judgments given by justices of the peace under this subchapter, to the Court of Common Pleas. Such appeals shall be taken, docketed and dismissed in the same manner as is provided by law for the taking, docketing and dismissing of appeals from justices of the peace in civil cases for debt.
Code 1915, §  4065I;  29 Del. Laws, c. 256, §  2;  Code 1935, §  4555;  10 Del. C. 1953, §  9641;  69 Del. Laws, c. 423, §  14;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9704. Witnesses.

§ 9704. Witnesses.
The fees of witnesses in cases before a justice of the peace shall be as follows:
For each day's attendance
$ .50
And 3 cents per mile from the witness' house to the place of trial and back.
For the referees who actually try the cause, each, and mileage the same as jurors
.50
24 Del. Laws, c. 248;  Code 1915, §  4059;  Code 1935, §  4540;  10 Del. C. 1953, §  9707;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9705. Parties.

§ 9705. Parties.
The fees of parties in cases before a justice of the peace shall be as follows:
For each deposition taken
$ .50
But more than $1.00 shall not be allowed by either party for depositions in a case before the justice, nor more than $5.00 on appeal.
24 Del. Laws, c. 248;  Code 1915, §  4059;  Code 1935, §  4540;  10 Del. C. 1953, §  9708;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9706. Certification of acknowledgments.

§ 9706. Certification of acknowledgments.
The fees of a justice of the peace, for the services specified, shall be as follows:
Taking and certifying acknowledgment of a deed, whether one or more parties, each justice
$ .50
Same of a release, acquittance or receipt, each justice
.30
12 Del. Laws, c. 571, §  1;  Code 1915, §  4060;  Code 1935, §  4541;  10 Del. C. 1953, §  9709;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9707. Depositions in appeals.

§ 9707. Depositions in appeals.
For each deposition taken in an appeal from a justice
$ .50
But not more than $5.00 shall be allowed for depositions in 1 appeal.
Code 1852, §  2814;  Code 1915, §  4871;  Code 1935, §  5367;  10 Del. C. 1953, §  9710;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9708. Duties with respect to fees; limitations on fees.

§ 9708. Duties with respect to fees; limitations on fees.
The justice shall tax the fee for every service specified in this chapter. No other fee shall be allowed and no mileage shall be allowed unless it is expressly given. In no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand give a receipt specifying the items.
24 Del. Laws, c. 248;  Code 1915, §  4059;  Code 1935, §  4540;  10 Del. C. 1953, §  9711;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9709. Violations and penalty.

§ 9709. Violations and penalty.
Whoever knowingly receives any greater or more or less fees than are allowed in this chapter for the services specified, or refuses to give a receipt or adds any item not specified in this chapter, shall be fined not more than $60.
24 Del. Laws, c. 248;  Code 1915, §  4059;  Code 1935, §  4540;  10 Del. C. 1953, §  9712;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 98. COSTS › § 9801. Justice of the Peace Court costs.

§ 9801. Justice of the Peace Court costs.
All costs in the Justice of the Peace Court shall be established by court rule, subject to approval by the Chief Justice and the Delaware Supreme Court.
10 Del. C. 1953, §  9801;  55 Del. Laws, c. 20, §  31;  59 Del. Laws, c. 513, §  1;  59 Del. Laws, c. 538, §  1;  60 Del. Laws, c. 298, §  1;  60 Del. Laws, c. 475, §  1;  61 Del. Laws, c. 367, §  4;  62 Del. Laws, c. 278, §§  1, 2;  66 Del. Laws, c. 81, §  1;  68 Del. Laws, c. 288, §  1;  69 Del. Laws, c. 63, §§  1, 2;  73 Del. Laws, c. 93, §§  1, 2;  76 Del. Laws, c. 85, §  2;  76 Del. Laws, c. 240, §  1;  77 Del. Laws, c. 56, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 98. COSTS › § 9802. Duties with respect to costs; limitations on fees.

§ 9802. Duties with respect to costs; limitations on fees.
All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The justice shall tax the costs for each service specified by the rules of the Justice of the Peace Court. No other fee or cost shall be allowed and no mileage shall be allowed unless it is expressly given by statute. In no case shall costs be charged for a service not performed; and every office or person receiving a fee shall, upon demand, give a receipt specifying the item of service represented by said fee.
10 Del. C. 1953, §  9802;  55 Del. Laws, c. 20, §  31;  77 Del. Laws, c. 56, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 98. COSTS › § 9803. Violations and penalty.

§ 9803. Violations and penalty.
(a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by the rules of the Justice of the Peace Court, shall be fined not more than $500.
(b) The Superior Court shall have jurisdiction of offenses under this section.
10 Del. C. 1953, §  9803;  55 Del. Laws, c. 20, §  31;  77 Del. Laws, c. 56, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 99. APPEALS BY THE STATE IN CRIMINAL CASES › § 9901. Definitions.

§ 9901. Definitions.
As used in this chapter:
(1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court.
(2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. The Superior Court is a lower court for the purposes of an appeal to the Supreme Court, whether the action of the Superior Court which is subject to review by the Supreme Court is action resulting from the original jurisdiction of that Court in a trial de novo in a proceeding initiated there or initiated in a lower court, or action resulting from a review of action of a lower court under this chapter or any other provision permitting appellate review in the Superior Court.
(3) “Order” includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the lower court which constitutes a fixed determination by the lower court.
10 Del. C. 1953, §  9901;  57 Del. Laws, c. 133.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 99. APPEALS BY THE STATE IN CRIMINAL CASES › § 9903. Appeal in the discretion of the appellate court.

§ 9903. Appeal in the discretion of the appellate court.
The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the allowance of the appeal; but, in no event of such appeals shall the decision or result of the appeal affect the rights of the defendant and he or she shall not be obligated to defend the appeal, but the court may require the Office of Defense Services of this State to defend the appeal and to argue the cause.
10 Del. C. 1953, §  9903;  57 Del. Laws, c. 133;  58 Del. Laws, c. 412, §  2;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 99. APPEALS BY THE STATE IN CRIMINAL CASES › § 9904. Time for filing appeal.

§ 9904. Time for filing appeal.
The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from the filing of a notice of appeal by the defendant.
10 Del. C. 1953, §  9904;  57 Del. Laws, c. 133;  58 Del. Laws, c. 35;  70 Del. Laws, c. 481, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 99. APPEALS BY THE STATE IN CRIMINAL CASES › § 9905. Principles of construction.

§ 9905. Principles of construction.
The provisions of this chapter shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitutions of the United States and the State.
70 Del. Laws, c. 481, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 1. INTRODUCTORY PROVISIONS › § 102. Applicability to offenses committed prior to July 1, 1973.

§ 102. Applicability to offenses committed prior to July 1, 1973.
(a) Except as provided in subsections (b) and (c) of this section, this Criminal Code does not apply to offenses committed prior to July 1, 1973. Prosecutions for offenses committed prior to July 1, 1973, shall be governed by the prior law, which is continued in effect for that purpose, as if this Criminal Code were not in force. For the purpose of this section, an offense was committed prior to July 1, 1973, if any of the elements of the offense occurred prior thereto.
(b) In any case pending on or commenced after July 1, 1973, involving an offense committed prior to that date:
(1) Procedural provisions of this Criminal Code shall govern, insofar as they are justly applicable and their applicability does not introduce confusion, delay or manifest injustice;
(2) Provisions of this Criminal Code according a defense or mitigations shall apply, with the consent of the defendant.
(c) Provisions of this Criminal Code governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to July 1, 1973, except that the minimum or maximum period of their detention or supervision shall in no case be increased, nor shall this Criminal Code affect the substantive or procedural validity of any judgment of conviction entered prior to July 1, 1973, regardless of the fact that appeal time has not run or that an appeal is pending.
11 Del. C. 1953, §  102;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 1. INTRODUCTORY PROVISIONS › § 103. Applicability to offenses committed after July 1, 1973.

§ 103. Applicability to offenses committed after July 1, 1973.
(a) This Criminal Code establishes the criminal law of this State and governs the construction of and punishment for any offense set forth herein committed after July 1, 1973, as well as the construction and application of any defense to a prosecution for such an offense.
(b) Unless otherwise expressly provided, or unless the context otherwise requires, this Criminal Code governs the construction of any offense defined in a statute other than this Criminal Code and committed after July 1, 1973, as well as the construction and application of any defense to a prosecution for such an offense.
11 Del. C. 1953, §  103;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 201. General purposes.

§ 201. General purposes.
The general purposes of this Criminal Code are:
(1) To proscribe conduct which unjustifiably and inexcusably causes or threatens harm to individual or public interests;
(2) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;
(3) To define the act or omission and the accompanying mental state which constitute each offense;
(4) To differentiate upon reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor; and
(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection.
11 Del. C. 1953, §  201;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 202. All offenses defined by statute.

§ 202. All offenses defined by statute.
(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.
(b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
11 Del. C. 1953, §  202;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 203. Principles of construction.

§ 203. Principles of construction.
The general rule that a penal statute is to be strictly construed does not apply to this Criminal Code, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the purposes of the law, as stated in § 201 of this title.
11 Del. C. 1953, §  203;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 204. Territorial applicability.

§ 204. Territorial applicability.
(a) Except as otherwise provided in this section a person may be convicted under the law of this State of an offense committed by the person's own conduct or by the conduct of another for which the person is legally accountable if:
(1) Either the conduct or the result which is an element of the offense occurs within Delaware; or
(2) Conduct occurring outside the State is sufficient under Delaware law to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of the conspiracy occurs within the State; or
(3) Conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of Delaware; or
(4) The offense consists of the omission to perform a legal duty imposed by Delaware law with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or
(5) The offense is based on a statute of Delaware which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the defendant knows or should know that the defendant's conduct is likely to affect that interest.
(b) Paragraph (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside Delaware which would not constitute an offense if the result had occurred in the same place, unless the defendant intentionally, knowingly or recklessly caused the result within Delaware.
(c) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of paragraph (a)(1) of this section and if the body of a homicide victim is found within this State it is presumed that the result occurred within the State.
11 Del. C. 1953, §  204;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 206. Method of prosecution when conduct constitutes more than 1 offense.

§ 206. Method of prosecution when conduct constitutes more than 1 offense.
(a) When the same conduct of a defendant may establish the commission of more than 1 offense, the defendant may be prosecuted for each offense. The defendant's liability for more than 1 offense may be considered by the jury whenever the State's case against the defendant for each offense is established in accordance with § 301 of this title. The defendant may not, however, be convicted of more than 1 offense if:
(1) One offense is included in the other, as defined in subsection (b) of this section; or
(2) One offense consists only of an attempt to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses.
(b) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:
(1) It is established by the proof of the same or less than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or
(3) It involves the same result but differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.
(c) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.
11 Del. C. 1953, §  206;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 207. When prosecution is barred by former prosecution for the same offense.

§ 207. When prosecution is barred by former prosecution for the same offense.
When a prosecution is for a violation of the same statutory provisions and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal which has not subsequently been set aside. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination by the court that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.
(2) The former prosecution was terminated, after the information had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.
(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment or a plea of guilty or nolo contendere accepted by the court.
(4) The former prosecution was improperly terminated. Except as provided in this subdivision there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the first witness is sworn but before verdict. Termination under any of the following circumstances is not improper:
a. The defendant consents to the termination or waives, by motion to dismiss or otherwise, the right to object to the termination.
b. The trial court declares a mistrial in accordance with law.
11 Del. C. 1953, §  207;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 208. When prosecution is barred by former prosecution for different offense.

§ 208. When prosecution is barred by former prosecution for different offense.
Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is for:
a. Any offense of which the defendant could have been convicted on the first prosecution; or
b. The same conduct, unless:
1. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or
2. The second offense was not consummated when the former trial began.
(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.
(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
11 Del. C. 1953, §  208;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 209. Former prosecution in another jurisdiction; when a bar.

§ 209. Former prosecution in another jurisdiction; when a bar.
When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this State under the following circumstances:
(1) The first prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is based on the same conduct, unless:
a. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or
b. The second offense was not consummated when the former trial began; or
(2) The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense for which the defendant is subsequently prosecuted; or
(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
11 Del. C. 1953, §  209;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.
A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:
(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or
(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or
(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.
11 Del. C. 1953, §  210;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 211. Repeal of statutes as affecting existing liabilities.

§ 211. Repeal of statutes as affecting existing liabilities.
(a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.
(b) Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute relating to any criminal offense set forth under the laws of this State shall be preserved and shall not become illegal or terminated in the event that such statute is later amended by the General Assembly, irrespective of the stage of such proceeding, unless the amending act expressly provides to the contrary. For the purposes of such proceedings, the prior law shall remain in full force and effect.
71 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 221. Principles of definitions.

§ 221. Principles of definitions.
(a) In this Criminal Code when the word “means” is employed in defining a word or term, the definition is limited to the meaning given.
(b) In this Criminal Code, when the word “includes” is employed in defining a word or term, the definition is not limited to the meaning given, but in appropriate cases the word or term may be defined in any way not inconsistent with the definition given.
(c) If a word used in this Criminal Code is not defined herein, it has its commonly accepted meaning, and may be defined as appropriate to fulfill the purposes of the provision as declared in § 201 of this title.
11 Del. C. 1953, §  221;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 223. Words of gender or number.

§ 223. Words of gender or number.
Unless the context otherwise requires, words denoting the singular number may, and where necessary shall, be construed as denoting the plural number, and words denoting the plural number may, and where necessary shall, be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary shall, be construed as denoting the feminine gender or the neuter gender.
11 Del. C. 1953, §  223;  58 Del. Laws, c. 497, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES › § 224. Valuation of property.

§ 224. Valuation of property.
Whenever the value of property is determinative of the degree of an accused's criminal guilt or otherwise relevant in a criminal prosecution, it shall be ascertained as follows:
(1) Except as otherwise specified in this section, “value” means the market value of the property at the time and place of the crime, or if that cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the crime.
(2) Whether or not they have been issued or delivered, the value of certain written instruments, not including those having a readily ascertainable market value, shall be ascertained as follows:
a. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
b. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(3) When the value of property cannot satisfactorily be ascertained pursuant to the standards set forth in paragraphs (1) and (2) of this section, its value shall be deemed to be an amount less than $100.
11 Del. C. 1953, §  224;  58 Del. Laws, c. 497, §  1;