reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3502. Corporations subject to attachment and garnishment.

§ 3502. Corporations subject to attachment and garnishment.
(a) All corporations doing business in this State, except as specified in subsections (b) and (c) of this section, are subject to the operations of the attachment laws of this State, as provided in the case of individuals. A corporation shall be liable to be summoned as garnishee.
(b) Banks, trust companies, savings institutions and loan associations, except only as to a wage attachment against the wages of an employee of the bank, trust company, savings institution or loan association, shall not be subject to the operations of the attachment laws of this State.
(c) Insurance companies, except as to moneys due in consequence of the happening of the risk provided for in the policy of insurance or a wage attachment against the wages of an employee of the insurance company, shall not be liable to attachment.
14 Del. Laws, c. 90;  16 Del. Laws, c. 140;  18 Del. Laws, c. 681;  Code 1915, §  4120;  30 Del. Laws, c. 226;  Code 1935, §  4608;  10 Del. C. 1953, §  3502;  52 Del. Laws, c. 341;  65 Del. Laws, c. 49, §  1;  70 Del. Laws, c. 327, §  48;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3503. Public officers and employees subject to attachment and garnishment.

§ 3503. Public officers and employees subject to attachment and garnishment.
(a) The attachment laws of this State shall apply to employees of the State, or of any county, district or municipality with the same force and effect as they apply to other individuals. Any officer of the State, or of any county, district or municipality, whose duty it is to pay such employees compensation from funds of the State, county, district or municipality for any services rendered by such employees to the State, county, district or municipality may be summoned to appear and answer as other garnishees are required to do.
(b) The term “employee” as used in subsection (a) of this section includes any and every person performing any and every form of labor and work for the State, county, district or municipality for compensation.
42 Del. Laws, c. 152, §§  1, 2;  10 Del. C. 1953, §  3503;  52 Del. Laws, c. 341.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3504. Unincorporated association subject to attachment and garnishment.

§ 3504. Unincorporated association subject to attachment and garnishment.
(a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process.
(b) Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section may attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of the defendant association and may also attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names.
26 Del. Laws, c. 267, §§  1-5;  Code 1915, §  4121;  30 Del. Laws, c. 227;  Code 1935, §  4609;  10 Del. C. 1953, §  3504;  52 Del. Laws, c. 341;  59 Del. Laws, c. 104, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3505. Worthless checks or unpaid settlement memoranda.

§ 3505. Worthless checks or unpaid settlement memoranda.
A writ of attachment may be issued in any action brought against any person who has issued a worthless check against an account in which there are not sufficient funds to pay such check, or where the person has issued slips or memoranda in settlements, which have not been paid.
27 Del. Laws, c. 281;  Code 1915, §  4141;  Code 1935, §  4629;  10 Del. C. 1953, §  3505;  52 Del. Laws, c. 341.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3506. Foreign attachment against individuals.

§ 3506. Foreign attachment against individuals.
A writ of foreign attachment may issue against any individual not an inhabitant of this State on any cause of action after proof satisfactory to the court that the defendant cannot be found, that the defendant resides out of the State, and that plaintiff has a good cause of action against the defendant in a sum exceeding $50.
Code 1852, §  2290;  16 Del. Laws, c. 533;  Code 1915, §  4142;  Code 1935, §  4630;  10 Del. C. 1953, §  3506;  52 Del. Laws, c. 341.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3507. Foreign attachment against foreign corporations.

§ 3507. Foreign attachment against foreign corporations.
A writ of foreign attachment may be issued against any corporation, aggregate or sole, not created by or existing under the laws of this State upon proof satisfactory to the court that the defendant is a corporation not created by, or existing under the laws of this State, and that the plaintiff has a good cause of action against the defendant in an amount exceeding $50.
11 Del. Laws, c. 426;  15 Del. Laws, c. 181;  15 Del. Laws, c. 182, §§  1-3;  Code 1915, §  4143;  Code 1935, §  4631;  10 Del. C. 1953, §  3507;  52 Del. Laws, c. 341.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3508. Property subject to attachment.

§ 3508. Property subject to attachment.
Goods, chattels, rights, credits, moneys, effects, lands and tenements may be attached under this chapter.
10 Del. C. 1953, §  3508;  52 Del. Laws, c. 341.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3509. Proceedings against garnishees.

§ 3509. Proceedings against garnishees.
If any garnishee, duly summoned shall not appear as required, the garnishee may be compelled, by attachment, to appear and answer or plead. The plaintiff may be compelled to pay a fee to the garnishee in such amount as may be fixed from time to time by rule of the Superior Court.
An employer shall not dismiss an employee because the employer was summoned as garnishee for the employee.
10 Del. C. 1953, §  3509;  52 Del. Laws, c. 341;  57 Del. Laws, c. 589;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3510. Capias against garnishee.

§ 3510. Capias against garnishee.
If it be shown to the court that any garnishee, summoned or to be summoned thereon, is not an inhabitant of the county where the attachment is pending, or is about to leave the county, then a capias may issue against such garnishee to hold the garnishee to bail for garnishee's appearance at court to answer or plead.
10 Del. C. 1953, §  3510;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3511. Effect of sales.

§ 3511. Effect of sales.
All sales under this chapter shall be good against the defendant or the defendant's executors, administrators and assigns. Any transfer or assignment of the property after attachment shall be void, and after the sale of the property is made and confirmed the purchaser shall be entitled to and have all the right, title and interest of the defendant in and to the property so attached and sold, and such sale and confirmation shall transfer to the purchaser all the right, title and interest of the defendant in and to the property as fully as if the defendant had transferred the same to the purchaser in accordance with law. If action is brought against any officer or other person acting under the authority of this chapter, it shall be a good defense that his or her act was done in compliance with this chapter and in accordance with the applicable rules of court.
10 Del. C. 1953, §  3511;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3512. Authority of Superior Court to make rules respecting attachments.

§ 3512. Authority of Superior Court to make rules respecting attachments.
The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof, manner of seizure of property, sale of perishable property, appointment and duties of auditors, the release of property from attachment and the sale of property so seized, and all other matters relating to attachment proceedings, and may require the plaintiff to give approved security to indemnify the defendant for defendant's costs, losses and damages resulting from the attachment.
10 Del. C. 1953, §  3512;  52 Del. Laws, c. 341;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 35. ATTACHMENTS › § 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts.

§ 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts.
Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. The Superior Court, upon the motion of any defendant or tenant whose property, rights or credits may be attached under any mesne process of attachment issued by a justice of the peace or other inferior court, shall investigate the proofs required by law to be made and filed before the issuing of such process. If upon such investigation the Court considers that there was not sufficient grounds for the attachment, the property, rights and credits attached shall be discharged.
10 Del. C. 1953, §  3513;  52 Del. Laws, c. 341.;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3701. Causes of action generally.

§ 3701. Causes of action generally.
All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued. Accordingly, all actions, so surviving, may be instituted or prosecuted by or against the executors or administrators of the person to or against whom the cause of action accrued. This section shall not affect the survivorship among the original parties to a joint cause of action.
Code 1852, §  2295;  Code 1915, §  4154;  Code 1935, §  4637;  47 Del. Laws, c. 383;  10 Del. C. 1953, §  3701;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3702. Death of party.

§ 3702. Death of party.
Upon the death of one or more of several plaintiffs or defendants in an action, wherein the cause of action survives, such action shall not abate, but may be prosecuted by or against the surviving plaintiff, or defendant.
Code 1852, §  2294;  Code 1915, §  4153;  Code 1935, §  4636;  10 Del. C. 1953, §  3702;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3703. Executor's or administrator's death or removal.

§ 3703. Executor's or administrator's death or removal.
An action commenced by or against an executor or administrator shall not be abated by his or her death or removal from office, but a succeeding executor or administrator may be admitted a party plaintiff or made a party defendant to such action.
Code 1852, §  2296;  Code 1915, §  4156;  Code 1935, §  4639;  10 Del. C. 1953, §  3703;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3704. Personal injury actions.

§ 3704. Personal injury actions.
No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final judgment and satisfaction.
13 Del. Laws, c. 31, §§  1, 2;  22 Del. Laws, c. 210;  Code 1915, §  4155;  Code 1935, §  4638;  10 Del. C. 1953, §  3704;  63 Del. Laws, c. 256, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3705. Appeals and writs of error.

§ 3705. Appeals and writs of error.
Appeals and writs of error are within the provisions of this chapter.
Code 1852, §  2297;  Code 1915, §  4157;  Code 1935, §  4640;  10 Del. C. 1953, §  3705;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3706. Judgment for or against executor or administrator.

§ 3706. Judgment for or against executor or administrator.
(a) The benefit of a judgment for or against an executor or administrator shall not be lost by executor's or administrator's death or removal from office, but proceedings may be had upon such judgment either at the suit of or against a succeeding executor or administrator.
(b) An executor or administrator may be admitted a party plaintiff to a judgment, on motion, without scire facias.
Code 1852, §§  2298, 2299;  12 Del. Laws, c. 477;  14 Del. Laws, c. 88;  Code 1915, §  4158;  Code 1935, §  4641;  10 Del. C. 1953, §  3706;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3707. Statutory right of action.

§ 3707. Statutory right of action.
A statutory right of action or remedy against any officer or person, in favor of any person, shall survive to, or against the executor or administrator of such officer or person, unless it be specially restricted in the statute.
Code 1852, §  2300;  Code 1915, §  4159;  Code 1935, §  4642;  10 Del. C. 1953, §  3707;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter I. Survival of Actions and Causes of Action › § 3708. Public officer's action.

§ 3708. Public officer's action.
An action brought by or in the name of any public officer shall not abate by the officer's death, resignation, removal from office, or the expiration of the officer's term, but may be prosecuted by the officer's successor, if there be a successor who might have originally commenced and prosecuted the like action.
Code 1852, §  2330;  Code 1915, §  4191;  Code 1935, §  4670;  10 Del. C. 1953, §  3708;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter II. Wrongful Death Actions › § 3721. Definitions.

§ 3721. Definitions.
As used in this subchapter:
(1) “Child” includes any natural born child or adopted child.
(2) “Parent” includes the mother and father or adopted mother and father of a deceased child.
(3) “Person” includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(4) “Sibling” means brothers and sisters of the whole and half blood or by order of adoption.
(5) “Wrongful act” means an act, neglect or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.
63 Del. Laws, c. 256, §  4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 47, §  1;  84 Del. Laws, c. 95, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter II. Wrongful Death Actions › § 3722. Liability notwithstanding death.

§ 3722. Liability notwithstanding death.
(a) An action may be maintained against a person whose wrongful act causes the death of another.
(b) If the death of a person was caused by a wrongful act, neglect or default of a vessel, an action in rem may be maintained against the vessel.
(c) If a person whose wrongful act caused the death of another dies before an action under this section is commenced, the action may be maintained against a personal representative.
63 Del. Laws, c. 256, §  4;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 95, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS › Subchapter II. Wrongful Death Actions › § 3725. Purpose.

§ 3725. Purpose.
The purpose of this subchapter is to permit the recovery of damages not limited to pecuniary losses by persons injured as the result of the death of another person.
63 Del. Laws, c. 256, §  4;  84 Del. Laws, c. 95, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3902. Assignee suing in own name.

§ 3902. Assignee suing in own name.
A person to whom a contract, express or implied, has been transferred or assigned, either in accordance with a statute or with the common law, may sue thereon in his or her own name.
Code 1915, §  4210A;  30 Del. Laws, c. 228;  Code 1935, §  4684;  10 Del. C. 1953, §  3902;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.

§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.
Whenever any court orders and adjudges a bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, in any court, forfeited, then in any action on such forfeited bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, if a copy of such bail bond, bond, or recognizance has been filed with the complaint, the Attorney General, or any other attorney, on behalf of the State, or plaintiff, shall be at liberty to move for judgment after the defendant's time for filing his or her answer has expired, unless the defendant or one of the defendants, if there be more than one, or some one for such defendant or defendants, has filed an affidavit of defense in the action, stating therein the nature and character of the same. The Attorney General shall sue upon and collect all such forfeited bail bonds, recognizances, or bonds.
Code 1852, §  2311;  26 Del. Laws, c. 268;  Code 1915, §  4173;  Code 1935, §  4652;  10 Del. C. 1953, §  3903;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3904. Suits and judgments by and against unincorporated associations.

§ 3904. Suits and judgments by and against unincorporated associations.
An unincorporated association of persons, including a partnership, using a common name may sue and be sued in such common name and a judgment recovered therein shall be a lien like other judgments, and may be executed upon by levy, seizure and sale of the personal and real estate of such association, and also that of the persons composing such association in the same manner with respect to them as if they had been made parties defendant by their individual names. Satisfaction thereof may also be obtained by attachment process.
13 Del. Laws, c. 32, §  1;  Code 1915, §  4198;  Code 1935, §  4676;  10 Del. C. 1953, §  3904;  59 Del. Laws, c. 104, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3905. Action for detention of goods and chattels.

§ 3905. Action for detention of goods and chattels.
When any goods or chattels are unlawfully detained from the owner or the person entitled to the possession thereof, such owner or person may have remedy to recover the same by a civil action.
Code 1852, §  2325;  Code 1915, §  4185;  Code 1935, §  4664;  10 Del. C. 1953, §  3905;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3906. Action to recover goods seized by execution or attachment.

§ 3906. Action to recover goods seized by execution or attachment.
A civil action may be brought to recover goods and chattels seized by virtue of any process of execution or attachment, with damages and costs for the taking and detention thereof, against the officer seizing the same, at the suit of the owner of such goods and chattels not being the defendant in the execution or attachment, the proper pledges and security being given, as in other cases, by the plaintiff in such civil action, before delivery to him or her of the goods and chattels sought to be recovered.
Code 1852, §  2326;  Code 1915, §  4186;  Code 1935, §  4665;  10 Del. C. 1953, §  3906;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3907. Demand in actions to recover goods and chattels; necessity for proof.

§ 3907. Demand in actions to recover goods and chattels; necessity for proof.
In all actions to recover goods and chattels, no proof of demand shall be necessary, but the bringing of the action shall be considered a sufficient demand for all purposes. The failure at the trial to prove any demand shall not be a cause for dismissal, nor shall such failure inure in anywise whatsoever to the benefit or advantage of the defendant in the action.
18 Del. Laws, c. 220;  Code 1915, §  4187;  Code 1935, §  4666;  10 Del. C. 1953, §  3907;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3908. Judgments by confession; warrant of attorney.

§ 3908. Judgments by confession; warrant of attorney.
No complaint shall be necessary nor shall any cognovit be required for the confession of any judgment. Every warrant of attorney authorizing the confession of judgment, whether after complaint or otherwise, shall be taken to authorize such confessions without the filing of any such complaint; except as provided in § 2306 of this title.
13 Del. Laws, c. 32, §  2;  Code 1915, §  4199;  Code 1935, §  4677;  10 Del. C. 1953, §  3908;  58 Del. Laws, c. 240, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3909. Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve).

§ 3909. Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve).
No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever such complaint is required by the bond on which such judgment was entered, the court before whom any question is raised about the validity of such judgment for want of such complaint shall allow such complaint to be filed, nunc pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.
13 Del. Laws, c. 32, §  3;  Code 1915, §  4200;  Code 1935, §  4678;  10 Del. C. 1953, §  3909;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3910. Disclaimer of interest by defendant; interpleader.

§ 3910. Disclaimer of interest by defendant; interpleader.
The defendant in any action brought in the Superior Court for the recovery of money, or of any goods, chattels, or the value thereof in damages, which shall have come lawfully to the defendant's hands or possession, may, at any time after the complaint is filed, and before the answer is filed, by a suggestion to be filed of record, disclaim all interest in the subject matter of such action, and offer to bring the same into court, or to pay or dispose thereof as the Court orders. If the defendant also alleges, under oath or affirmation, that the right thereto is claimed by or supposed to belong to some person not party to the action (naming such person), who has sued or is expected to sue for the same, or shows some probable matter to the Court to believe that such suggestion is true, the Court may, thereupon, order the plaintiff to interplead with such third person, and make such rules and orders in the cause, and issue such process for the purpose of making such third person party to the action, and for carrying such proceeding to interplead into full and complete effect, and may render such judgment or judgments thereon as shall be agreeable to the rules and practice of the law in like cases.
17 Del. Laws, c. 218;  Code 1915, §  4201;  Code 1935, §  4679;  10 Del. C. 1953, §  3910;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3911. Recognizance of plaintiff upon interpleader.

§ 3911. Recognizance of plaintiff upon interpleader.
If the process issued upon an order under § 3910 of this title to interplead is not served, or personal notice thereof is not given to the third person referred to in such section, the court may, upon giving judgment for the plaintiff, require the plaintiff to enter into a recognizance, and if it deems necessary, with sufficient surety, to interplead with such third person if afterwards, and before the expiration of the time which would be allowed to the plaintiff to prosecute his or her claim against the defendant, such third person should appear in the court and claim the money, or the goods or chattels, or the value thereof.
17 Del. Laws, c. 218;  Code 1915, §  4202;  Code 1935, §  4680;  10 Del. C. 1953, §  3911;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3912. Counsel fees; recovering in actions on written instruments.

§ 3912. Counsel fees; recovering in actions on written instruments.
In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the action, suit or proceeding recovers judgment in any sum, the plaintiff or lien holder may also recover reasonable counsel fees, which shall be entered as a part of the judgment in the action, suit or proceeding. Such counsel fees shall not in any such action, suit or proceeding, exceed 20 percent of the amount adjudged for principal and interest. Such counsel fees shall not be entered as a part of such judgment unless the note, bond, mortgage, invoice or other instrument of writing sued upon, by the terms thereof, expressly provides for the payment and allowance thereof, except in the cases of mechanic's liens in which no express agreement shall be necessary in order to entitle the lien holder to reasonable counsel fees.
27 Del. Laws, c. 286;  Code 1915, §  4204;  38 Del. Laws, c. 202, §  1;  Code 1935, §  4682;  10 Del. C. 1953, §  3912;  68 Del. Laws, c. 63, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3913. Counterclaim in suits by or against executors or administrators.

§ 3913. Counterclaim in suits by or against executors or administrators.
If either party sue or be sued as an executor or administrator, and there are mutual debts or credits or other claims between his or her testator or intestate and the other party, 1 debt or credit may be set off against the other and a counterclaim may be asserted as in other actions.
Code 1852, §  2328;  Code 1915, §  4189;  37 Del. Laws, c. 264, §  2;  Code 1935, §  4668;  10 Del. C. 1953, §  3913;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3914. Proof of partnership.

§ 3914. Proof of partnership.
In any action by or against partners, the plaintiff may require the defendant or defendants to deny the allegation of partnership by affidavit filed with the answer, by the specific notation of the need for a denial by affidavit within the paragraph alleging partnership. Any defendant so answering shall deny the existence of the partnership as alleged, and stating to the best of the defendants' knowledge and belief whether there is any partnership in relation to the subject matter of the action, and who are the partners therein. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with the answer shall be deemed an admission of the partnership as alleged.
Code 1852, §  2310;  Code 1915, §  4171;  Code 1935, §  4650;  10 Del. C. 1953, §  3914;  65 Del. Laws, c. 296, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3915. Proof of incorporation or corporate existence.

§ 3915. Proof of incorporation or corporate existence.
In any action by or against any corporation, the plaintiff may specifically require the defendant or defendants to deny the allegation of the incorporation and existence of the corporation by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging the corporate existence. Any defendant so answering shall deny the incorporation and existence of the corporation as alleged, and stating to the best of affiant's knowledge whether there is any corporation existing which has a relationship to the subject matter of the action. Such affidavit may be made by the president, secretary, treasurer or any director of any corporate defendant. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with its answer shall be deemed an admission of existence of the corporation as alleged.
16 Del. Laws, c. 535;  Code 1915, §  4172;  Code 1935, §  4651;  10 Del. C. 1953, §  3915;  65 Del. Laws, c. 296, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3916. Proof of agency in operation of motor vehicle.

§ 3916. Proof of agency in operation of motor vehicle.
In any action arising out of the operation of any vehicle, in which it is alleged that the operator of the vehicle was a servant, agent or employee of the defendant or defendants, the plaintiff may specifically require the defendant or defendants to deny the allegation that the operator of the vehicle was a servant, agent or employee of the defendant or defendants by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging that the operator of the vehicle was a servant, agent or employee of defendant or defendants. Any defendant so answering shall deny that the operator of the vehicle was operating the vehicle at the time of the occurrence as a servant, agent or employee of the answering defendant, and/or deny that the operator of the vehicle was operating the vehicle in and about the course of duties as a servant, agent or employee of the answering defendant and set forth the factual basis for the denial. Where plaintiff has complied with this section, failure of a defendant to file an affidavit with the answer shall be deemed an admission that the operator of the vehicle was a servant, agent or employee of the defendant.
Code 1935, §  4651A;  44 Del. Laws, c. 176;  10 Del. C. 1953, §  3916;  65 Del. Laws, c. 296, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3917. Proof of signatures in actions or written instruments.

§ 3917. Proof of signatures in actions or written instruments.
In any action brought upon any deed, bond, bill, note or other instrument of writing, a copy of which has been filed with the complaint, the plaintiff may specifically require the defendant or defendants to deny the allegation that the defendant's or defendants' signature appears on the instrument by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging that the signature of defendant or defendants appears upon the instrument. Any defendant so answering shall specifically deny that the defendant's signature appears on the instrument. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with the answer shall be deemed an admission of the signature as alleged.
Code 1852, §  2309;  Code 1915, §  4170;  Code 1935, §  4649;  10 Del. C. 1953, §  3917;  65 Del. Laws, c. 296, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3918. Recognizance of applicant for certiorari to justice of the peace.

§ 3918. Recognizance of applicant for certiorari to justice of the peace.
(a) On the issuing of a writ of certiorari to a justice of the peace, the party applying therefor, shall enter into a recognizance to the defendant in a reasonable penalty, and with sufficient surety to be approved by the prothonotary with condition to be void if the plaintiff therein prosecutes the writ to effect and pays the condemnation money and all costs, or otherwise abide the judgment of the Superior Court in the case if he or she fails to make his or her plea good.
(b) The recognizance shall be entered by the prothonotary in the docket where the certiorari is entered, and a note of the recognizance having been taken, shall be indorsed on the writ, or the justice shall not obey it.
(c) No further surety shall be required, although other writs may be issued to complete the record; but the Court may order better security.
Code 1852, §§  2319-2321;  Code 1915, §  4181;  Code 1935, §  4660;  10 Del. C. 1953, §  3918;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3919. Defense in civil libel actions.

§ 3919. Defense in civil libel actions.
In actions for damages for the writing or publishing of a libel, where the truth is pleaded and given in evidence, if it is found that the same was written or published properly for public information, and with no malicious or mischievous motives, the court or jury may find for the defendant.
11 Del. Laws, c. 449, §  2;  Code 1915, §  4218;  Code 1935, §  4693;  10 Del. C. 1953, §  3920;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3920. Actions for price of newspapers or magazines received by mail; necessity for express order.

§ 3920. Actions for price of newspapers or magazines received by mail; necessity for express order.
No action shall be brought to charge any person upon any promise or agreement for the subscription price to any newspaper, magazine, periodical, or publication whatsoever, when such promise or agreement arises from such person receiving through the mails any newspaper, magazine, periodical, or publication, unless such newspaper, magazine, periodical, or publication shall have been, previous to its being so received, expressly ordered by such person from the publisher thereof.
22 Del. Laws, c. 454;  Code 1915, §  4096;  Code 1935, §  4587;  10 Del. C. 1953, §  3921;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3921. Presumption of proper administration of oath.

§ 3921. Presumption of proper administration of oath.
When it appears that an oath or affirmation has been administered by competent authority, it shall be presumed to have been properly administered, unless the contrary appear.
Code 1852, §  2509;  Code 1915, §  4428;  Code 1935, §  4886;  10 Del. C. 1953, §  3922;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3922. Destruction of property by minors; recovery of damages from parents.

§ 3922. Destruction of property by minors; recovery of damages from parents.
Any municipal corporation, county, town, school district and agency of the State or any person, partnership, corporation or association, or any religious organization whether incorporated or unincorporated, shall be entitled to recover damages in an appropriate civil action in an amount not to exceed $10,000 in a court of competent jurisdiction from the parents or guardians of any minor under the age of 18 years, living with the parents, who shall intentionally or recklessly destroy or damage property, real, personal or mixed, belonging to such municipal corporation, county, town, school district or agency of the State, or person, partnership, corporation or association or religious organization.
10 Del. C. 1953, §  3923;  51 Del. Laws, c. 321;  59 Del. Laws, c. 112, §  1;  62 Del. Laws, c. 166, §  1;  62 Del. Laws, c. 315, §  2;  66 Del. Laws, c. 234, §  1;  77 Del. Laws, c. 40, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3923. Prosecution and defense of actions by persons of the age of 18 years or older.

§ 3923. Prosecution and defense of actions by persons of the age of 18 years or older.
(a) Any person of the age of 18 years or older who is not otherwise incompetent may bring, file, prosecute, defend, litigate, settle, dismiss or otherwise compromise any action in law or in equity in any court without the interference or appointment of a guardian, guardian ad litem, next friend or other legal representative.
(b) Any person of the age of 18 years or older who is not otherwise incompetent may be appointed by any court as guardian ad litem, next friend or other legal representative of a person who has not reached the age of 18 years.
10 Del. C. 1953, §  3924;  58 Del. Laws, c. 440, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3924. Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry.

§ 3924. Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry.
The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, enticement, or breach of contract to marry are abolished. No act done in this State shall operate to give rise, either within or without this State, to any such right of action. No contract to marry made or entered into in this State shall operate to give rise, either within or without this State, to any cause or right of action for its breach.
10 Del. C. 1953, §  3925;  58 Del. Laws, c. 489, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3925. Public officers and employees.

§ 3925. Public officers and employees.
Any public officer or employee, in a criminal or civil action against the person arising from state employment, shall be entitled to petition the court for a court-appointed attorney to represent the person's interests in the matter. If the judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the judge may require, determines that the petition has merit, the judge shall appoint an attorney to represent the interests of such public officer or employee. The court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the court. The court may first appoint an attorney from the Department of Justice. If the court determines that the Department is unable to represent such public officer or employee, the court may appoint an attorney from the Office of Defense Services in criminal actions only, and in civil actions may appoint an attorney licensed in this State. This section shall also apply to all federal courts within this State.
60 Del. Laws, c. 474, §  1;  60 Del. Laws, c. 676, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3926. Production of records, jurisdiction.

§ 3926. Production of records, jurisdiction.
(a) Prompt production of records. — A health care provider who receives an appropriate authorization duly signed by an existing or former patient, guardian or personal representative, shall produce a true and correct complete copy of the requested medical records, which shall be produced in a reasonably legible fashion within 45 days of receipt of the request. The health care provider's fee for copying the records shall be reasonable. If prepayment is required by the health care provider, written notice of prepayment shall be provided to the requesting party within 14 days of the receipt of the original request. Upon payment of any prepayment charge, the health care provider shall produce the requested records within the latter of 14 days of receiving payment or 45 days of receipt of the original request.
(b) A health care provider may object in writing to production of the records for good cause. Any objection must state the grounds for failure or refusal to comply with the records request and must be served on the requesting party within 30 days of the date of receipt of the request. Said objection, if found to be for good cause, shall serve to toll the time period allowable for production of records.
(c) Failure or refusal to produce medical records pursuant to this section shall result in a civil penalty not to exceed $25 per day for every business day the records are delinquent in being produced in addition to any other sanctions deemed appropriate by the Court, provided however, that motion to the Court to enforce compliance by court order must be made by the requesting party no later than 60 days from the date of the original request. If the records produced are incomplete, the requesting party shall have a reasonable time following discovery of the missing records in which to file a motion with the Court for enforcement of this section.
(d) If the requesting party is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health care negligence, this statute shall not apply to any request for medical records served on a named defendant(s) in that litigation.
(e) The Superior Court shall have jurisdiction over this section and shall schedule such matters on an expedited basis.
74 Del. Laws, c. 148, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3926A. Production of reproductive health services records.

§ 3926A. Production of reproductive health services records.
(a) As used in this section, “reproductive health services” means as defined in § 1702 of Title 24.
(b) Notwithstanding any law or court rule to the contrary, in any civil action or proceeding, no health-care provider may disclose any of the following unless authorized in writing by the patient, the patient's guardian, or legal representative:
(1) Any communication made to such health-care provider relating to reproductive health services from a patient or anyone acting on behalf of the patient including a legal representative or a parent of the patient.
(2) Any information obtained by personal examination of a patient relating to reproductive health services.
(c) Subsection (b) of this section does not apply under any of the following circumstances:
(1) If the records relate to a patient who is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health-care negligence and the request for records has been served on a named defendant(s) in that litigation.
(2) If the records are requested by a health-care licensing board and such request is made in connection with an investigation of a complaint to such licensing board and such records are related to such complaint.
(3) If the records are requested by the Department of Justice, a law-enforcement agency, or an agency charged with investigating child abuse, elder abuse, or abuse or a disabled person, incompetent person, or person with an intellectual disability if such request is made in connection with an investigation of abuse and such records are related to such investigation.
(d) Nothing in this section shall be construed to impede the lawful sharing of medical records amongst health-care providers as permitted by state or federal law.
83 Del. Laws, c. 327, § 3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3927. Unsworn declarations under penalty of perjury.

§ 3927. Unsworn declarations under penalty of perjury.
(a) To the extent authorized by court rule, any matter, except as otherwise provided in subsection (b) of this section, that is required or permitted by the laws of this State to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same, such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, verification, certificate, or statement, in writing of such person which is subscribed by him or her, as true under penalty of perjury, and dated, in substantially the following form:
I declare under penalty of perjury under the laws of Delaware that the foregoing is true and correct.
Executed on the ______ day of ________________ (month) ________________ year.
________________(Printed Name)
________________ (Signature)
(b) This section shall be inapplicable to the same extent as provided in § 5354(b) of this title.
80 Del. Laws, c. 283, § 1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 39. PLEADING AND PRACTICE › § 3928. Limitations and protections against actions relating to the termination of pregnancy.

§ 3928. Limitations and protections against actions relating to the termination of pregnancy.
(a) A law of another state that authorizes a person to bring a civil action against a person that does any of the following is contrary to the public policy of this State:
(1) Terminates or seeks to terminate a pregnancy.
(2) Performs or induces the termination of pregnancy.
(3) Knowingly engages in conduct that aids or abets the performance or inducement of the termination of pregnancy.
(4) Attempts or intends to engage in the conduct described in paragraphs (a)(1) through (3) of this section.
(b) The State shall not do any of the following:
(1) Apply any law described in subsection (a) of this section to any case or controversy heard in any court.
(2) Issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced, or is about to commence, for a criminal violation of a law described in subsection (a) of this section unless the acts forming the basis of the prosecution or investigation would constitute a crime in this State.
(3) Issue or enforce a subpoena for information or testimony issued by another state or government relating to a civil action described in subsection (a) of this section.
83 Del. Laws, c. 327, § 3;