reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 89. JURORS, WITNESSES AND INTERPRETERS › § 8903. Witnesses.

§ 8903. Witnesses.
(a) The fees of witnesses, for the services specified, shall be as listed below:
For attendance in any court, or before referees under a rule of court, or before a justice in case of forcible entry, or landlord vs. tenant, or before a county governing body, or before a Commissioner, Register in Chancery, or prothonotary, executing a commission or rule for taking depositions, or before either House of the General Assembly, or a committee appointed by either House, each day $2.00, and 3 cents per mile going and returning.
Attendance before a justice of the peace, or before 2 justices, in all cases except as before provided for, 50 cents, and 2 cents per mile going and returning.
A person who has been committed in default of a recognizance to appear as a witness in a criminal case, shall, for the time the person is detained, receive such compensation as the court allows.
(b) The State Treasurer or Department of Finance shall, upon the production of a certificate of attendance under the hand of the prothonotary, pay the fees of witnesses on behalf of the State, or on behalf of a person tried and acquitted, upon a criminal charge in the Superior Court of his or her county.
(c) The prothonotary shall pay to the State Treasurer all fees of witnesses collected under this section as costs to reimburse the State Treasurer for such fees as have been paid in advance to such witnesses by the State Treasurer after the effective date of this subsection.
(d) No government employee shall be entitled to witness fees or mileage if that employee is serving in an official capacity.
Code 1852, §§  2808-2810;  12 Del. Laws, c. 536;  26 Del. Laws, c. 70, §  2;  Code 1915, §  4867;  30 Del. Laws, c. 244;  Code 1935, §  5362;  46 Del. Laws, c. 78, §  1;  10 Del. C. 1953, §  8903;  50 Del. Laws, c. 385, §  3;  55 Del. Laws, c. 85, §§  32V, 32W;  57 Del. Laws, c. 452, §§  1, 2;  65 Del. Laws, c. 87, §  41;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 89. JURORS, WITNESSES AND INTERPRETERS › § 8904. Witnesses; Court of Common Pleas for Kent County.

§ 8904. Witnesses; Court of Common Pleas for Kent County.
The fees of witnesses in the Court of Common Pleas for Kent County, for the services specified, shall be as listed below:
For each day's attendance
$ 1.00
Three cents per mile going and returning.
37 Del. Laws, c. 262, §  9;  Code 1935, §  5363;  10 Del. C. 1953, §  8904;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 89. JURORS, WITNESSES AND INTERPRETERS › § 8905. Unclaimed witness fees in New Castle County.

§ 8905. Unclaimed witness fees in New Castle County.
Where witness fees in any civil action instituted in New Castle County have been taxed and paid as part of the costs, and remain unclaimed for a period of 6 months from the date of payment thereof, the prothonotary shall notify the witness at the witness's last known address by registered mail, return receipt requested, of the fact that the witness fee is being held for the witness, and must be claimed within a period of 6 months from the date of such notice. When any of the witness fees have remained unclaimed for a period of 1 year from the date of payment, the prothonotary shall pay the unclaimed witness fees to the State Treasurer to be deposited to the credit of the general funds of the State. The prothonotary's office may retain 15 percent of such unclaimed witness fees to defray the costs incident to carrying out the provisions of this section.
Code 1935, §  5362A;  48 Del. Laws, c. 227, §  1;  10 Del. C. 1953, §  8905;  57 Del. Laws, c. 228, §§  11-34;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 89. JURORS, WITNESSES AND INTERPRETERS › § 8906. Expert witnesses.

§ 8906. Expert witnesses.
The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within this State, shall be fixed by the Court in its discretion, and such fees so fixed shall be taxed as part of the costs in each case and shall be collected and paid as other witness fees are now collected and paid.
26 Del. Laws, c. 260;  Code 1915, §  4231;  Code 1935, §  4706;  10 Del. C. 1953, §  8906;  71 Del. Laws, c. 345, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 89. JURORS, WITNESSES AND INTERPRETERS › § 8907. Interpreters for persons who are deaf in legal proceedings; fees.

§ 8907. Interpreters for persons who are deaf in legal proceedings; fees.
A person who is deaf who is a party to, or a witness in, any legal proceeding shall have a right to a qualified interpreter of deaf sign-language and the court shall appoint such an interpreter to interpret the proceedings to, and the testimony of, a person who is deaf. The fee for an interpreter shall be fixed by the court in its discretion. In criminal actions, fees shall be paid out of funds provided by law or by the government as the court may direct. In civil actions, fees shall be paid out of funds provided by law or by 1 or more of the parties as the court may direct and may be taxed ultimately as costs, in the discretion of the court.
60 Del. Laws, c. 541, §  2;  78 Del. Laws, c. 179, §  26;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9201. Definitions.

§ 9201. Definitions.
As used in this chapter:
(1) “Court” shall mean the Justice of the Peace Court.
(2) “Rules” means rules of the Justice of the Peace Court promulgated under article IV, § 13, of the Delaware Constitution.
10 Del. C. 1953, §  9201;  55 Del. Laws, c. 20, §  3;  62 Del. Laws, c. 52, §  3;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9202. Administration and supervision of the Court; Chief Magistrate.

§ 9202. Administration and supervision of the Court; Chief Magistrate.
(a) The Justice of the Peace Court shall, unless otherwise provided in this chapter, be administered and supervised in all respects pursuant to the provisions of article IV, § 13, of the Delaware Constitution and such rules of the Court as shall be promulgated thereunder. Such rules may prescribe and regulate the form and manner of process, pleading, practice and procedure governing civil and criminal proceedings in the Justice of the Peace Court from inception to termination. As provided in article IV, § 13(1), of the Delaware Constitution, the authority of the Court to promulgate such rules shall be subject to the review of the Supreme Court.
(b) Such rules shall not abridge, enlarge or modify the substantive rights of any person.
(c) Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any such rules heretofore prescribed under authority of law.
(d) The Justice of the Peace Court shall have and exercise such jurisdiction, both criminal and civil, as shall be conferred upon it by law.
(e) In addition to the number of justices of the peace specified by § 9203 of this title, the Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint a justice of the peace who shall serve as Chief Magistrate and administrative head of the Justice of the Peace Court.
10 Del. C. 1953, §  9202;  55 Del. Laws, c. 20, §  3;  62 Del. Laws, c. 52, §  4;  71 Del. Laws, c. 173, §  1;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9203. Number of justices of the peace in each county.

§ 9203. Number of justices of the peace in each county.
In the counties of this State there shall be no more than the following number of justices of the peace:
New Castle
29
Kent
12
Sussex
19
10 Del. C. 1953, §  9203;  55 Del. Laws, c. 20, §  3;  55 Del. Laws, c. 433, §  1;  71 Del. Laws, c. 176, §  12;  72 Del. Laws, c. 239, §  1;  73 Del. Laws, c. 335, §  1;  74 Del. Laws, c. 310, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9204. Place of holding courts.

§ 9204. Place of holding courts.
The Justice of the Peace Court shall hold court in at least 1 place in Wilmington, 5 places in the remainder of New Castle County, 3 places in Kent County, and 5 places in Sussex County, and in such other places as from time to time shall be designated in the rules.
10 Del. C. 1953, §  9204;  55 Del. Laws, c. 20, §  3;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9205. Court hours.

§ 9205. Court hours.
Each of the places where Court is held shall be open at such times as shall be provided by the rules; provided, however, that in each county there shall be at least 1 court available at all times. The Court may hear and determine any case within its jurisdiction during the time the Court is open.
10 Del. C. 1953, §  9205;  55 Del. Laws, c. 20, §  3;  64 Del. Laws, c. 35, §  1;  73 Del. Laws, c. 335, §  1;  75 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9206. Statewide jurisdiction of the justices of the peace.

§ 9206. Statewide jurisdiction of the justices of the peace.
Each justice of the peace shall serve in the county in which the justice of the peace resides. The justice of the peace may be assigned from time to time, for such hours and length of time as may be established by the rules or administrative policy. A justice of the peace may, with consent, be assigned to hold court in any part of the State and for that purpose, the jurisdiction of the justice of the peace shall be considered as statewide.
10 Del. C. 1953, §  9206;  55 Del. Laws, c. 20, §  3;  62 Del. Laws, c. 52, §  5;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9209. Salaries of the justices of the peace and the Chief Magistrate.

§ 9209. Salaries of the justices of the peace and the Chief Magistrate.
(a) The Chief Magistrate and the justices of the peace shall receive such compensation from the State as shall be provided by law.
(b) A justice of the peace shall not receive any other fees or emoluments for discharging the duties of the office except as may otherwise be provided by law or by the rules, or engage in any occupation concerned with or growing out of the collection of any judgment rendered by a justice of the peace, or engage in the private practice of law, or hold any state office, or be employed by the State in any other capacity except as otherwise provided by law, by court rules, or by the Judicial Code of Conduct.
10 Del. C. 1953, §  9209;  55 Del. Laws, c. 20, §  3;  57 Del. Laws, c. 635;  60 Del. Laws, c. 143, §  1;  62 Del. Laws, c. 52, §  6;  62 Del. Laws, c. 74, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 103, §§  1, 2;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9210. Offices; supplies; basic legal education and continuing legal education requirements for justices of the peace.

§ 9210. Offices; supplies; basic legal education and continuing legal education requirements for justices of the peace.
(a) The State shall provide each justice of the peace with such space, supplies and equipment as shall be necessary and appropriate to enable the justice to properly carry out the duties of office at the locations designated for the justice to hold court.
(b) There shall be basic and continuing legal education requirements for justices of the peace which shall be as prescribed by court rule.
10 Del. C. 1953, §  9210;  55 Del. Laws, c. 20, §  3;  60 Del. Laws, c. 627, §  1;  70 Del. Laws, c. 22, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9211. Assignment of retired justices of the peace to active duty.

§ 9211. Assignment of retired justices of the peace to active duty.
(a) Any retired justice of the peace may be designated by the Chief Magistrate, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Justice of the Peace Court in the State; provided, however, that the retired justice of the peace:
(1) Was serving in good standing as a justice of the peace at the time of retirement;
(2) Had been appointed and confirmed for a second term prior to retirement;
(3) Assents to such designation; and
(4) Is not involved or employed in any position which would create a conflict of interest with the position of justice of the peace, including, but not limited to, any position concerned with or growing out of the collection of any judgment rendered by a justice of the peace, the private practice of law, the holding of any state office, or employment by the State in any capacity.
(b) Any retired justice of the peace accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/2 6 0 of the annual salary for a justice of the peace serving a second term. In no event shall the total annual compensation of the retired justice equal the current annual salary for a justice of the peace serving a second term. Each retired justice of the peace serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Magistrate.
(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, from surplus personnel funds contained within the Justice of the Peace Court's appropriation, with the approval of the Administrative Office of the Courts and the Office of Management and Budget, and/or from other appropriate funds.
73 Del. Laws, c. 79, §  1;  73 Del. Laws, c. 335, §  1;  75 Del. Laws, c. 88, §  21(5);
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9223. Security personnel.

§ 9223. Security personnel.
All security personnel of the Court shall have the full powers of a Justice of the Peace Court constable, including the power of arrest, while performing Court-related functions throughout the State.
69 Del. Laws, c. 300, §  1;  73 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 92. ORGANIZATION AND OPERATION › § 9224. Drug testing required.

§ 9224. Drug testing required.
(a) The Justice of the Peace Court is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a uniformed services position, which includes those positions where qualification to carry an employer-issued firearm is a condition of employment. The following drug testing shall be authorized or required:
(1) Preemployment testing. — The Justice of the Peace Court shall not hire or employ any person without first obtaining the results of such person's mandatory drug screening as specified in subsection (b) of this section.
(2) Random testing. — All uniformed services employees shall be subject to random testing for illegal use of the drugs specified in subsection (b) of this section.
(3) Reasonable-suspicion testing. — The Justice of the Peace Court, acting through its supervisory personnel, may also conduct a drug test based on a reasonable suspicion that a uniformed services employee is impaired by an illegal drug.
(b) Any person offered employment with the Justice of the Peace Court as a uniformed services employee shall be required to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Justice of the Peace Court. Such regulations shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine (“PCP”);
(5) Amphetamines;
(6) Any other controlled prescription drugs specified by the Justice of the Peace Court in the regulations promulgated pursuant to this section.
(c) Conditional offer. — Notwithstanding the provisions of this section, the Justice of the Peace Court may make a conditional offer of employment to an applicant who has submitted to the required drug screening. No person made a conditional offer of employment shall receive an official starting date until the results of their preemployment drug screen have been received. Any applicant made a conditional offer of employment shall be informed that the results of that applicant's drug screen have been requested.
(d) The Justice of the Peace Court shall adopt policies and procedures for imposing sanctions, which may include referral to the State's Employee Assistance Program, suspension or termination, upon any uniformed services employee who wilfully refuses to submit to random or reasonable suspicion testing or whose drug screen indicates that such person has illegally used or consumed a drug or drugs. No employee shall be sanctioned when such person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
79 Del. Laws, c. 317, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 93. JURISDICTION AND VENUE › § 9301. Civil jurisdiction; amount in controversy.

§ 9301. Civil jurisdiction; amount in controversy.
Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following:
(1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000; provided, however, that the $25,000 limit does not apply to monetary claims, counter-claims, or cross-claims asserted in an action for summary possession as provided in Chapter 57 of Title 25 and arising from or relating to a commercial lease as defined in Part IV of Title 25 [§ 6101 et seq. of Title 25]. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $25,000.
(2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $25,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $25,000.
(3) Summary possession actions as provided in Chapter 57 of Title 25.
(4) Distress for rent actions as provided in Chapter 63 of Title 25.
(5) Truancy actions as provided in Chapter 27 of Title 14.
(6) Any other civil jurisdiction provided by law.
Code 1852, §§  2063, 2193, 2206;  18 Del. Laws, c. 678, §  1;  Code 1915, §§  4004, 4004A, 4062, 4065A, 4069;  29 Del. Laws, c. 255;  29 Del. Laws, c. 256, §  2;  34 Del. Laws, c. 221, §  1;  34 Del. Laws, c. 224, §§  1, 3;  41 Del. Laws, c. 209;  Code 1935, §§  4490, 4543, 4547, 4560;  10 Del. c. 1953,, §§  9301, 9303, 9304, 9305;  55 Del. Laws, c. 20, §§  4, 6, 7;  55 Del. Laws, c. 297, §§  1, 3, 4;  57 Del. Laws, c. 192, §§  1, 2, 3, 4;  58 Del. Laws, c. 194, §  11;  59 Del. Laws, c. 540, §  1;  64 Del. Laws, c. 270, §§  1, 2, 3, 5, 6;  67 Del. Laws, c. 426, §§  1, 2, 3;  69 Del. Laws, c. 425, §§  1, 2, 3;  72 Del. Laws, c. 346, §  15;  73 Del. Laws, c. 334, §  1;  82 Del. Laws, c. 224, § 2;  82 Del. Laws, c. 282, §§ 1, 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 93. JURISDICTION AND VENUE › § 9302. Venue of the Justice of the Peace Court.

§ 9302. Venue of the Justice of the Peace Court.
The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.
10 Del. C. 1953, §  9302;  55 Del. Laws, c. 20, §  5;  56 Del. Laws, c. 223, §  2;  59 Del. Laws, c. 540, §  1;  73 Del. Laws, c. 334, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter I. General Provisions › § 9501. Writs, warrants and process.

§ 9501. Writs, warrants and process.
(a) A Justice of the Peace Court may issue all writs, warrants and process proper to carry into effect the powers granted to the justice of the peace.
(b) When no form of writ, warrant or process is prescribed by statute, the court shall frame one in conformity with the law, in substance; and, when substantially right, such process shall not be invalid for any defect in form.
(c) All sheriffs, deputy sheriffs, constables and persons specially authorized by the Chief Magistrate or the Chief Magistrate's designee shall duly serve all legal writs, warrants and process to them directed by any Justice of the Peace Court.
Code 1852, §  2004;  Code 1915, §  3951;  Code 1935, §  4451;  10 Del. C. 1953, §  9501;  69 Del. Laws, c. 429, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 232, §  2;  84 Del. Laws, c. 117, § 12;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter I. General Provisions › § 9502. Summons for witnesses.

§ 9502. Summons for witnesses.
A Justice of the Peace Court may issue summons for witnesses in all cases pending before the Court, and in all civil cases pending before any magistrates, referees, arbitrators, or other persons authorized to examine witnesses.
Code 1852, §  2007;  Code 1915, §  3953;  Code 1935, §  4453;  10 Del. C. 1953, §  9502;  69 Del. Laws, c. 429, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter I. General Provisions › § 9503. Power to administer oaths.

§ 9503. Power to administer oaths.
A justice of the peace may administer oaths in all cases where an oath is required by law.
Code 1852, §  2008;  Code 1915, §  3954;  Code 1935, §  4454;  10 Del. C. 1953, §  9503;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter I. General Provisions › § 9504. Adjournments.

§ 9504. Adjournments.
A justice of the peace may adjourn cases on trial before him or her, taking security for the appearance of the party complained against.
Code 1852, §  2006;  Code 1915, §  3952;  Code 1935, §  4452;  10 Del. C. 1953, §  9504;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter I. General Provisions › § 9505. Advice to litigants on right of appeal.

§ 9505. Advice to litigants on right of appeal.
After entering judgment in all civil and criminal cases, the Justice of the Peace Courts shall immediately advise the party litigants in civil cases and defendants in criminal cases of their right to take an appeal from the decision of the justice of the peace and shall inform all party litigants and defendants of the time and manner in which the appeal shall be taken. The records of the justice of the peace shall contain an entry indicating the information given by the justice of the peace.
41 Del. Laws, c. 208;  10 Del. C. 1953, §  9505;  69 Del. Laws, c. 429, §  3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter I. General Provisions › § 9506. Civil contempt; penalty.

§ 9506. Civil contempt; penalty.
A justice of the peace shall have the power to punish by fine not exceeding $100, or by imprisonment not exceeding 170 days, any disobedience or resistance to his or her lawful writ, process, order or rule.
Any disobedience or resistance to the lawful writ, process, order or rule of a justice of the peace shall be punished as a civil contempt only, and any person imprisoned for such disobedience or resistance shall be discharged from such imprisonment upon satisfying the justice that he or she has obeyed the writ, process, order or rule, or is prepared to do so.
10 Del. C. 1953, §  9506;  57 Del. Laws, c. 511;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9521. Mode of proceeding.

§ 9521. Mode of proceeding.
The proceeding in any civil action for debt, as described in § 9301 of this title, shall be by summons, or attachment.
Code 1852, §§  2064, 2065;  21 Del. Laws, c. 302;  24 Del. Laws, c. 241;  27 Del. Laws, c. 278;  Code 1915, §  4006;  Code 1935, §  4492;  10 Del. C. 1953, §  9521;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9522. Issuance and requirements of summons.

§ 9522. Issuance and requirements of summons.
The writ of summons in an action under this subchapter shall be issued under the seal of the Justice of the Peace Court, dated on the day it is issued, stating the sum demanded, and the date for the defendant's appearance, which shall be made by the filing of any written motion or pleading purporting to be responsive to, or affecting, the complaint, no later than 15 days from the date received.
Code 1852, §§  2064, 2065;  21 Del. Laws, c. 302;  24 Del. Laws, c. 241;  27 Del. Laws, c. 278;  Code 1915, §  4006;  Code 1935, §  4492;  10 Del. C. 1953, §  9522;  59 Del. Laws, c. 540, §  2;  69 Del. Laws, c. 429, §  4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9523. Form of summons.

§ 9523. Form of summons.
The summons in an action under this subchapter shall be of the following form:
“________________________________ County, ss. The State of Delaware.
“TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED PROCESS SERVER:
“We command you to summon ________________________________, the defendant(s), and serve upon said defendant(s) a copy of this summons and complaint.
“TO THE DEFENDANT(S):
“Within 15 days after you receive this summons, excluding the day you receive it, you must complete and return to the Justice of the Peace Court, ________________________________ (address), the enclosed answer (or other such filing) if you deny owing all or part of the money claimed as a debt against you by the plaintiff in the complaint.
“Failure to file an answer, or other written document related to this claim, with the Justice of the Peace Court may result in a default judgment being entered against you and action may be taken by the plaintiff, such as the attachment of your wages or the attachment and sale of your property, to satisfy the judgment.
“DATED:
____________________________________________________________
“Justice of the Peace/Clerk”
________________
Code 1852, §§  2064, 2065;  21 Del. Laws, c. 302;  24 Del. Laws, c. 241;  27 Del. Laws, c. 278;  Code 1915, §  4006;  Code 1935, §  4492;  10 Del. C. 1953, §  9523;  69 Del. Laws, c. 429, §  5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9525. Deposit for cost; representation of an artificial entity.

§ 9525. Deposit for cost; representation of an artificial entity.
(a) No civil action shall be brought before any justice of the peace, in this State, unless the person bringing such action first makes a deposit of $5.00 with the justice of the peace before whom the person brought the action, to be applied to the costs of such action. The sum deposited shall be returned to the person depositing the same, if the money sued for is recovered.
(b) Where the person bringing the action under this subchapter is a corporation, the action may be prosecuted by an officer or employee of the corporation who need not be a duly licensed attorney-at-law provided, however, that officer or employee is duly qualified under Delaware Supreme Court Rule 57.
27 Del. Laws, c. 279;  Code 1915, §  4007;  Code 1935, §  4493;  10 Del. C. 1953, §  9525;  55 Del. Laws, c. 20, §  9;  57 Del. Laws, c. 224, §§  1, 2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 27, §§  2, 3;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9526. Time for hearing.

§ 9526. Time for hearing.
In an action under this subchapter, the time appointed in the summons for the defendant's appearance shall be the day for hearing the cause.
Code 1852, §  2069;  Code 1915, §  4009;  34 Del. Laws, c. 221, §  2;  Code 1935, §  4495;  10 Del. C. 1953, §  9526;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9527. Adjournments.

§ 9527. Adjournments.
(a) A hearing in an action under this subchapter may be adjourned to some day other than the date referred to in § 9526 of this title, but the adjournment shall not be for more than 15 days. Such adjournments may be made as are necessary for a fair trial.
(b) The justice of the peace shall fix the time of adjournment so as to bring the cause to as speedy a trial as the circumstances will admit.
(c) The justice shall, except as provided in § 9528 of this title, grant 1 adjournment to the defendant, of course, and other adjournments to either party, if it shall appear to the justice's satisfaction, by the oath, or affirmation, of the party applying for it, or otherwise, that such party is not prepared for trial, and that the party's want of preparation is not owing to design, or to not using due diligence.
(d) After a second adjournment, the party applying for a further adjournment, shall pay the costs accruing on the day of such application, unless the justice makes a special order that the costs, or any part of them, shall abide the result of the cause.
Code 1852, §§  2070, 2071;  Code 1915, §  4009;  34 Del. Laws, c. 221, §  2;  Code 1935, §  4495;  10 Del. C. 1953, §  9527;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9528. Requirement of special bail for certain adjournments.

§ 9528. Requirement of special bail for certain adjournments.
In an action under this subchapter, if the summons is made returnable “forthwith,” the justice may refuse to grant any adjournment on the defendant's application, unless the defendant gives special bail as follows:
“A. B. becomes special bail for C. D., the defendant in this action. ________________(Signed) A. B.”
Code 1852, §  2069;  Code 1915, §  4009;  34 Del. Laws, c. 221, §  2;  Code 1935, §  4495;  10 Del. C. 1953, §  9528;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9529. Discharge of special bail.

§ 9529. Discharge of special bail.
Special bail shall be discharged if the defendant appears, or is surrendered before the justice, on the day to which the cause is adjourned, and pays and satisfies any judgment rendered against him or her in such proceedings.
Code 1852, §  2073;  19 Del. Laws, c. 776, §  1;  Code 1915, §  4009;  34 Del. Laws, c. 221, §  2;  Code 1935, §  4495;  10 Del. C. 1953, §  9529;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9530. Proceedings against special bail; scire facias.

§ 9530. Proceedings against special bail; scire facias.
(a) If special bail is not discharged as provided by § 9529 of this title, and it appears, by the return upon any execution, that goods sufficient to satisfy the judgment cannot be found, proceedings by scire facias, in the form prescribed by § 9577 of this title, may be had against the bail.
(b) The scire facias shall be served on the bail, as provided in respect to service of a summons, at least 4 days before its return. If so served, or if it appears by the return to 2 successive writs of scire facias, that service cannot be made, the justice may proceed to give judgment against the defendant by default, unless the defendant appears; the returns to the writ, or writs, of scire facias, being first verified by affidavit.
(c) The affidavit shall state, in substance, that the constable has made diligent search for the defendant in the scire facias, and cannot find the defendant, nor hear that the defendant has any place of abode in the county.
(d) If the defendant appears, the cause shall proceed as in other cases; but a judgment against the defendant may be for the full amount of the original judgment against the defendant's principal, inclusive of interests and costs, though that should exceed $500.
Code 1852, §§  2074-2080;  18 Del. Laws, c. 678, §  1;  19 Del. Laws, c. 776, §  2;  Code 1915, §  4009;  34 Del. Laws, c. 221, §  2;  Code 1935, §  4495;  10 Del. C. 1953, §  9530;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9531. Depositions of nonresidents.

§ 9531. Depositions of nonresidents.
(a) In an action under this subchapter, if it appears, by affidavit, that there is a material witness residing out of the county, whose attendance it is not practicable to procure, the justice may make a rule that such witness's deposition be taken before a justice of the peace sitting in the county in which the witness resides.
(b) Unless it is otherwise agreed, the party applying for a rule that a deposition be taken shall file in writing all the questions to be put to the witness, giving at least 4 days' notice to the other party, who may file other questions.
(c) The justice shall forward a copy of the rule and the questions to the justice of the peace selected with a copy of this section.
(d) The deposition shall be taken in writing, signed by the witness, certified by the justice of the peace selected, and sent, sealed up, to the justice.
(e) The witness shall first be sworn, or affirmed, by the justice of the peace selected, to answer the questions truly. Neither party shall be present at the taking the deposition, and no questions shall be put but those sent by the justice.
Code 1852, §  2180;  Code 1915, §  4052;  Code 1935, §  4539;  10 Del. C. 1953, §  9531;  55 Del. Laws, c. 20, §  10;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9532. Form of subpoena.

§ 9532. Form of subpoena.
(a) A subpoena for attendance of witnesses in actions under this subchapter shall be in this form:
“ County, ss. The State of Delaware,
To any constable, greeting:
Summon A. B. and C. D., to appear before one of our justices of the peace, at said justice's office in on the day of at o'clock in the , to give evidence in a cause between A. B., plaintiff and C. D. defendant, depending before our said justice; and this they may not omit at their peril.
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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(b) The summons for referees may be in the same form, substituting the words “to try,” for the words “to give evidence in.”
Code 1852, §§  2177, 2178;  Code 1915, §  4051;  Code 1935, §  4538;  10 Del. C. 1953, §  9532;  55 Del. Laws, c. 20, §  11;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9533. Failure to appear; penalty.

§ 9533. Failure to appear; penalty.
If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in addition, be required to pay any additional court cost created by the witness' nonappearance.
Code 1852, §  2177;  Code 1915, §  4051;  Code 1935, §  4538;  10 Del. C. 1953, §  9533;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 27, §  4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9534. Form of attachment for contempt.

§ 9534. Form of attachment for contempt.
The form of an attachment under § 9533 of this title for contempt against a witness, shall be as follows:
“ County, ss. The State of Delaware,
To any constable, greeting:
Bring A. B. before , one of our justices of the peace, at a Justice of the Peace Court in the county in which the action was commenced forthwith to show cause why he/she should not be punished under civil contempt as provided by § 9506 of Title 10 of the Delaware Code.
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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Code 1852, §  2179;  Code 1915, §  4051;  Code 1935, §  4538;  10 Del. C. 1953, §  9534;  55 Del. Laws, c. 20, §  12;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 27, §  5;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9535. Form of distress warrant.

§ 9535. Form of distress warrant.
The distress warrant to be used for levy on a referee's goods and chattels shall be in the following form:
“ County, ss. The State of Delaware,
To any constable, greeting:
Whereas, C. D. of has been adjudged by E. F., one of our justices of the peace, to be guilty of a contempt in making default, after due summons as a referee, in a case pending before said justice, and has been ordered to pay a fine of five dollars in pursuance of the Act of Assembly in such case provided; and whereas, the said C. D. has neglected to pay the said sum:
We therefore command you to levy the said sum of five dollars, with costs and your costs hereon, by distress and sale of the goods and chattels of the said C. D., upon due notice given, as upon other execution process.
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Witness the hand and seal of the said Justice the ........ day of ........ A.D. 20....”
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Code 1852, §  2087;  Code 1915, §  4013;  Code 1935, §  4499;  10 Del. C. 1953, §  9539;  55 Del. Laws, c. 20, §  13;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9536. Setoff or counterclaim.

§ 9536. Setoff or counterclaim.
(a) In every action before a justice of the peace, within the justice's jurisdiction, the defendant, if he or she has against the plaintiff any account, demand, or cause of action, cognizable before a justice of the peace, shall bring it forward and plead it as a setoff; and the justice shall enter on the docket the nature and amount of such counterclaim. Any defendant, neglecting to do so, shall, if the action against him or her be prosecuted to judgment, lose such account, demand, or cause of action, and be forever barred from recovering it.
(b) If the defendant has any account, demand, or cause of action, against the plaintiff, exceeding $25,000, the defendant may bring it forward and plead it as a setoff under subsection (a) of this section. The defendant does not, by neglecting to plead it, lose such cause of action.
(c) If the defendant pleads a setoff exceeding $25,000 and it is found on the trial that there is any sum due the defendant from the plaintiff, judgment shall be given against the plaintiff, in the defendant's favor, for such sum, provided the sum does not exceed $25,000. If the sum exceeds $25,000 that fact shall be stated on the record, and judgment shall be given for costs for the defendant, who may prosecute such cause of action in court; or the defendant may remit the excess above $25,000 and take judgment for that sum.
Code 1852, §§  2089-2091;  18 Del. Laws, c. 678, §  1;  Code 1915, §  4014;  34 Del. Laws, c. 221, §  3;  Code 1935, §  4500;  10 Del. C. 1953, §  9540;  55 Del. Laws, c. 297, §  5;  57 Del. Laws, c. 192, §  5;  65 Del. Laws, c. 30, §  1;  67 Del. Laws, c. 426, §  4;  69 Del. Laws, c. 425, §  4;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 37, § 39;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9537. Failure of defendant to appear; adjournment or judgment by default.

§ 9537. Failure of defendant to appear; adjournment or judgment by default.
(a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned judgment by default may be entered. The amount of damages awarded shall be the amount proven to be properly due. Such proof may be by affidavit or, when judgment is entered by the Court, by such other information as may be required by the Court. A default judgment may be entered as follows:
(1) By the clerk. — When the plaintiff's claim is (i) based upon a written instrument from which the defendant's agreement to pay the amount claimed can be determined from the face of the instrument or from calculations therefrom or (ii) for a civil penalty payable to the State or any subdivision thereof, a mandatory dollar amount of which is specified by statute, the clerk, upon written application of the plaintiff and upon affidavit of the amount due, giving credit for any payments and showing the amounts and dates thereof and a computation of any applicable interest to the date of judgment, may enter judgment for that amount and costs against the defendant.
(2) By the Court. — When entry of judgment may not be made by the clerk pursuant to paragraph (a)(1) of this section or when the Court, in its discretion, determines that entry of the default judgment should be made by the Court, the Court may enter the judgment. When entered by the Court, the Court may make investigation into and determine the amount of damages properly due. If in order to enable the Court to enter judgment, carry it into effect, or determine the amount of damages, it is necessary to establish the truth of any averment by evidence or to make an investigation of any matter, the Court may conduct such hearings or order such references as it deems necessary and proper.
(b) No judgment shall be given against an executor, or administrator, as such, by default, until the plaintiff produces the obligation, note, or contract of the deceased, or a book of accounts regularly and fairly kept, and verified by oath or affirmation, or other sufficient proof, and a probate regularly made; and a book of accounts shall not be received for cash entries, or items not properly chargeable in account.
Code 1852, §  2081;  Code 1915, §  4011;  Code 1935, §  4497;  10 Del. C. 1953, §  9541;  69 Del. Laws, c. 429, §  6;  73 Del. Laws, c. 337, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9538. Application to vacate default judgment.

§ 9538. Application to vacate default judgment.
(a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply to have the judgment vacated, if service was made by certified mail, return receipt requested, and the certified mail was returned unclaimed.
(b) The plaintiff, or the plaintiff's agent, if in the county, shall have notice of the defendant's application, and of the time set for hearing it.
(c) If, upon the hearing, the justice is satisfied that there ought to be a trial, and that the defendant was not guilty of wilful negligence in letting judgment go against the defendant by default, the application shall be granted, and a day appointed for the trial, whereof the plaintiff, or the plaintiff's agent, shall have notice.
(d) The notice may in either case, be given and proved by the constable.
Code 1852, §  2082;  Code 1915, §  4011;  Code 1935, §  4497;  10 Del. C. 1953, §  9542;  66 Del. Laws, c. 415, §  2;  69 Del. Laws, c. 429, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9539. Failure of plaintiff to appear; adjournment or dismissal.

§ 9539. Failure of plaintiff to appear; adjournment or dismissal.
If a plaintiff litigating a civil suit fails to appear at any proceeding scheduled by the Court, the Court shall either:
enter a nonsuit judgment, which may be taken off in like manner as a judgment by default; dismiss the action according to court rule; or adjourn the matter for further proceedings, as the circumstances direct.
Code 1852, §  2083;  Code 1915, §  4011;  Code 1935, §  4497;  10 Del. C. 1953, §  9543;  76 Del. Laws, c. 27, §  6;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9540. Entry of judgment; endorsement on cause of action.

§ 9540. Entry of judgment; endorsement on cause of action.
Every justice of the peace, upon entering judgment upon any cause of action arising from any promissory note, bank check or due bill, or other evidences of indebtedness under the hand of the debtor, shall endorse on such cause of action the year, month and day of entering such judgment, with a reference to the docket, showing the page of such docket, and the number of such judgment, and shall file such cause of action in his or her office, which cause of action shall be a part of the record.
18 Del. Laws, c. 677, §  1;  Code 1915, §  4010;  Code 1935, §  4496;  10 Del. C. 1953, §  9544;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9541. Costs.

§ 9541. Costs.
(a) Whichever party recovers judgment shall recover that party's costs of suit, to be allowed and collected by force of the judgment, as a part thereof.
(b) If plaintiff, upon claiming a new trial, recovers no more than $5.00, exclusive of costs, the defendant shall be allowed his or her costs in the new trial.
(c) If the plaintiff is nonsuited, or discontinues or withdraws his or her action, judgment shall be given for the defendant for costs.
Code 1852, §§  2092, 2093;  Code 1915, §  4015;  Code 1935, §  4501;  10 Del. C. 1953, §  9545;  58 Del. Laws, c. 194, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 95. PROCEDURE › Subchapter II. Civil Actions for Debt › § 9542. Judgments against executor or administrator.

§ 9542. Judgments against executor or administrator.
(a) Every judgment against an executor, or administrator, as such, shall be a judgment of assets, and shall not charge the executor or administrator absolutely, but only in case the executor or administrator, at the time the judgment is rendered, or before, or afterward, has assets which, according to law, ought to be applied to the cause of action.
(b) If an execution on a judgment against an executor or administrator is returned unsatisfied for want of assets, the creditor may sue out a scire facias, upon a suggestion of waste, against the executor or administrator; and if the defendant does not appear and show sufficient cause to the contrary, the defendant shall be deemed guilty of waste and shall be personally liable for the amount of the original judgment, with interest and costs, and judgment and execution shall be awarded accordingly, as for the defendant's own debt. No such scire facias shall be issued until after the lapse of 1 year from the grant of letters of administration to the defendant.
(c) In all cases in which a question of assets shall be determined, that question shall be tried by the justice, and not by referees.
Code 1852, §§  2094-2096;  Code 1915, §  4016;  Code 1935, §  4502;  10 Del. C. 1953, §  9546;  69 Del. Laws, c. 429, §  8;  70 Del. Laws, c. 186, §  1;