Title 10 — Courts and Judicial Procedure

Part I Organization, Powers, Jurisdiction and Operation of Courts

Chapter 1 Supreme Court

Subchapter I Organization and Operation

§ 101 Place of holding Court.

§ 102 Offices for the Justices.

§ 103 Salaries of Justices.

§ 104 Purchase of supplies.

§ 105 Payment of expenses.

Subchapter II Officers and Employees

§ 121 Clerk of Supreme Court; bond; duties generally.

§ 122 Cancellation of Clerk’s bond.

§ 123 Court reporter; stenographic and clerical assistants.

§ 124 Office secretaries.

§ 125 Certification of appointments.

§§ 126, 127 Deputy Administrator for Justices of the Peace; powers of the Deputy Administrator [Repealed].

§ 128 Administrative Office of the Courts.

§ 129 Law clerks.

Subchapter III General Jurisdiction and Powers; Time for Taking Appeals

§ 141 Advisory opinions of Justices upon request of Governor and General Assembly.

§ 142 Writs of certiorari.

§ 143 Time for appeal from interlocutory order or decree.

§ 144 Failure to appeal from interlocutory order; consideration on final appeal.

§ 145 Time for appeal from final judgment of the Court of Chancery.

§ 146 Time for appeal of infants or mentally incompetent persons not represented by a guardian or trustee.

§ 147 Time for appeal from Superior Court in criminal actions.

§ 148 Time for appeal from final judgment of the Superior Court in civil actions.

§ 149 Time for cross-appeal in civil actions.

§ 150 Time for appeal from Superior Court in concealed carry permit actions.

Subchapter IV Procedure

§ 161 Rules of Court and special orders.

§ 162 Judgment docket; indices.

§ 163 Prepayment, and bill of costs; refunds; penalty for neglect by Clerk.

Chapter 3 Court of Chancery

Subchapter I Organization and Operation

§ 301 Places of holding Court.

§ 302 Terms of Court.

§ 303 Disqualification of Chancellor and Vice-Chancellor.

§ 304 Salaries of Chancellor and Vice-Chancellors.

§ 305 Purchase of supplies.

§ 306 Payment of expenses.

§ 307 Additional Vice-Chancellors.

Subchapter II Officers and Employees

§ 321 Register in Chancery [Repealed].

§ 322 Court reporters.

§ 323 Office secretaries.

§ 324 Temporary appointments.

§ 325 Court reporters’ charges.

§ 326 Bailiffs, criers and pages; compensation; duties.

§ 327 Certification of appointments.

§ 328 Budgetary powers of Supreme Court.

§ 329 Law clerks.

Subchapter III General Jurisdiction and Powers

§ 341 Matters and causes in equity.

§ 342 Adequate remedy in other courts.

§ 343 Injunctions staying actions at law, or to prevent waste.

§ 344 Proceedings in chambers.

§ 345 Power to invest moneys and take security.

§ 346 Technology disputes.

§ 347 Mediation proceedings for business disputes.

§ 348 Disputes involving deed covenants or restrictions.

§ 349 Arbitration proceedings for business disputes.

§ 350 Voluntary final adjudications before a Magistrate in Chancery.

§ 351 Voluntary waiver of appeal by parties.

Subchapter IV Procedure

§ 361 Rules of Court.

§ 362 Subpoenas, summonses and other process; orders and award of process.

§ 363 Issuance of process upon filing of complaint.

§ 364 Removal of defendant from county after service of process.

§ 365 Compelling appearance of defendant in absence of personal service.

§ 366 Compelling appearance of nonresident defendant.

§ 367 Failure of defendant to appear; service of judgment before execution.

§ 368 Commissions for taking answers and examining witnesses.

§ 369 Issues of fact triable by jury.

§ 370 Enforcement of judgments.

§ 371 Sale of land to enforce judgment.

§ 372 Power to appoint Magistrates in Chancery.

§ 373 Appointment of Magistrates for purpose of executing certain instruments.

§ 374 Relief from forfeitures.

§ 375 Recording of bonds and other obligations.

Chapter 5 Superior Court

Subchapter I Organization and Operation

§ 501 Places of holding Court.

§ 502 Terms of Court.

§ 503 Salaries of Superior Court Judges.

§ 504 Expenses of Court.

§ 505 Expenses for necessaries of jury [Repealed].

§ 506 Deposit or investment of money paid into Court.

§ 507 Purchase of supplies.

§ 508 Payment of expenses.

§ 509 Additional judges.

§ 510 Consideration of consolidation [Repealed].

§ 511 Commissioners of the Superior Court; appointment; terms of office; removal.

§ 512 Jurisdiction and powers of Commissioners of the Superior Court.

§ 513 . Assignment of retired Commissioners to active duty.

Subchapter II Officers and Employees

§ 521 Prothonotary as Clerk.

§ 522 Bailiffs, criers and pages; compensation; duties.

§ 523 Law clerks.

§ 524 Crier’s fees, costs and allowances; collection and payment.

§ 525 Court reporters.

§ 526 Office secretaries.

§ 527 Temporary appointments.

§ 528 Court reporters’ charges.

§ 529 Certification of appointments.

§ 530 Budgetary powers of Supreme Court.

Subchapter III General Jurisdiction and Powers

§ 541 Jurisdiction generally.

§ 542 Powers generally.

§ 543 Unavailability of Resident Judge.

§ 544 Power to take recognizances.

§ 545 Power to receive appeals involving personnel administration of the Delaware court system.

§ 546 Mediation and arbitration proceedings for business disputes.

Subchapter IV Procedure

§ 561 Rules of Court in civil actions.

§ 562 Writs.

§ 563 Default judgments; jury trial.

§ 564 Mandamus.

§ 565 Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.

§ 566 Health care malpractice litigation.

§ 567 Power to appoint Masters.

§ 568 Security of appeals.

Chapter 9 The Family Court of the State of Delaware

Subchapter I Organization, Administration and Operation

§ 901 Definitions.

§ 902 Purpose; construction.

§ 903 Court of record; name; subtitles.

§ 904 State to provide Court facilities.

§ 905 Budget; payment of salaries and expenses.

§ 906 Judges; selection; designation; qualifications; terms; vacancies; salaries.

§ 907 Administrative powers and duties of the Court.

§ 908 Chief Judge; powers; duties.

§ 909 Administrator; qualifications; duties.

§ 910 Director of Treatment Services; qualification; duties.

§ 911 Supervisors, counselors; qualifications; duties.

§ 912 Clerks of Court; appointment; terms of office; bonds; duties.

§ 913 Masters; appointment; duties; review.

§ 914 Designation of Child Placement Review Board [Repealed].

§ 915 Commissioners; appointment; duties; review.

§ 916 Assignment of retired Commissioners to active duty.

§ 917 Law clerks.

Subchapter II Jurisdiction and Powers

§ 921 Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5]

§ 922 Exclusive and concurrent original criminal jurisdiction.

§ 922A Truancy jurisdiction.

§ 923 Jurisdiction over matters begun prior to this chapter.

§ 924 Concurrent original civil jurisdiction.

§ 925 General jurisdiction.

§ 926 Judgment against parent of minor who steals or destroys property [Repealed].

§ 927 Exclusive jurisdiction over motor vehicle violations.

§ 928 Extended jurisdiction — Juvenile delinquency.

§ 928A Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18.

§ 929 Extended jurisdiction — Child abuse, dependency and neglect.

§ 930 Education decision maker for abused, dependent, neglected, or delinquent children or children in the Department’s custody.

§ 931 Concurrent jurisdiction — Mental health.

Subchapter III Procedure

Part A Proceedings in the Interest of a Child

§ 1001 Records; expunging evidence of adjudication; destroying indicia of arrest [Repealed].

§ 1002 Delinquent child not criminal; prosecution limited.

§ 1003 Commencement; parties.

§ 1004 Duties of officer having child in custody.

§ 1004A Juvenile Offender Civil Citation Program [Effective until Feb. 20, 2027].

§ 1004A Juvenile Offender Civil Citation Program [Effective Feb. 20, 2027].

§ 1005 Other courts; issuance of warrants; powers and duties.

§ 1006 Process; service; return; interim order; investigation.

§ 1007 Disposition of child pending adjudication; payment for care.

§ 1007A Determination of competency of child.

§ 1007B Use of restraints on a child.

§ 1007C Appointment of counsel for juveniles.

§ 1008 Committee on Dispositional Guidelines for Juveniles.

§ 1009 Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect.

§ 1009A Probation before adjudication of delinquency.

§ 1010 Proceeding against child as an adult; amenability proceeding; referral to another court.

§ 1011 Transfer of cases from Superior Court to Family Court; appeals of denials of transfers.

§ 1012 Family Court Adjudicated Drug Court Program [Repealed].

§ 1013 Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.

§ 1014 Juvenile expungement; statement of policy.

§ 1015 Filing an expungement petition.

§ 1016 Definitions applicable to juvenile expungements.

§ 1017 Mandatory expungement.

§ 1017A Mandatory expungement; automatic.

§ 1018 Discretionary expungement.

§ 1019 Effect of expungement; disclosure of expunged records.

§ 1020 Notification to federal government [Repealed].

Part B Adult Criminal Proceedings

§ 1021 Prosecution of adults; process; bail.

§ 1022 Duties of other courts.

§ 1023 Disposition.

§ 1024 First offenders domestic violence diversion program.

§ 1025 Expungement of adult police and court records.

§ 1026 Expungement of offenses resolved by probation before judgment [Repealed].

§ 1027 Expungement; records; access by law-enforcement officers [Repealed].

Part C Adult Proceedings

§ 1031 Disposition.

Part D Protection From Abuse Proceedings

§ 1041 Definitions.

§ 1042 Commencement of action; procedure.

§ 1043 Ex parte orders and emergency hearings.

§ 1044 Nonemergency hearings.

§ 1045 Relief available; duration of orders, modification, and termination.

§ 1046 Enforcement; sanctions for violation of order.

§ 1047 Nonpreclusion of remedies.

§ 1048 Jurisdiction.

Part E Interstate Enforcement of Domestic Violence Protection Orders

§ 1049 Title.

§ 1049A Definitions.

§ 1049B Judicial enforcement of order.

§ 1049C Nonjudicial enforcement of order.

§ 1049D Registration of order.

§ 1049E Immunity.

§ 1049F Other remedies.

Part F Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act

§ 1049G Short title.

§ 1049H Definitions.

§ 1049I Enforcement of Canadian domestic-violence protection order by law-enforcement officer.

§ 1049J Enforcement of Canadian domestic-violence protection order by the Court.

§ 1049K Registration of Canadian domestic-violence protection order.

§ 1049L Immunity.

§ 1049M Other remedies.

§ 1049N Uniformity of application and construction.

§ 1049O Relation to the Electronic Signatures in Global and National Commerce Act.

§ 1049P Transition.

Part G Appeals

§ 1051 Appeals generally.

§ 1052 Appeals from custody orders.

§ 1053 Appeals by the State in Family Court cases.

Part G Miscellaneous

§ 1061 Examination; treatment; payment.

§ 1062 Assignment of prosecutors and public defenders.

§ 1063 Proceedings; privacy, informality.

§ 1064 Merger; effect on Judges; employees; cases; records; prior offenses.

§ 1065 Obtaining personal jurisdiction.

§ 1066 Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.

Subchapter IV Voluntary and Mandatory Human Immunodeficiency Virus Testing of Certain Sex Offenders

§ 1075 Definitions.

§ 1076 HIV testing made available.

§ 1077 Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing.

Chapter 13 The Court of Common Pleas for the State of Delaware

Subchapter I Organization and Operation

§ 1301 Court of Common Pleas.

§ 1302 Judges; qualifications; residence; Chief Judge.

§ 1303 Appointment of Judges; term; vacancies; political representation; salary.

§ 1304 Quorum.

§ 1305 Places of holding Court.

§ 1306 Terms of Court.

§ 1307 Seals; rules of Court.

§ 1308 Disposition of money.

Subchapter II Officers and Employees

§ 1309 Appointment of Clerks and other officers; terms [Transferred].

§ 1310 Law clerks.

§ 1311 Appointment of Clerks and other officers; terms.

§ 1312 Deputy Clerk; powers and duties.

§ 1313 Powers and duties of Clerks.

§ 1314 Bonds of Clerks and Deputy Clerks.

§ 1314A Bailiffs, criers and pages; compensation; duties.

§ 1315 Commissioners of the Court of Common Pleas; appointment; terms of office; removal.

§ 1316 Jurisdiction and powers of Commissioners of the Court of Common Pleas.

§ 1316A Assignment of retired Commissioners to active duty.

Subchapter III Jurisdiction and General Powers

§ 1317 City Solicitor; powers and duties.

§§ 1318-1320 Judgments and executions; appeal in civil actions; civil trial without jury or referees; civil actions; demand for jury trials; waivers; removal to Superior Court [Transferred].

§ 1321 Scope of jurisdiction and process.

§ 1322 Civil jurisdiction; amount in controversy.

§ 1323 Causes transferred from Superior Court.

§ 1324 General powers of Court.

§ 1325 Judgments and executions.

§ 1326 Appeal in civil actions.

§ 1327 Civil trial without jury or referees.

§ 1328 Civil actions; demand for jury trials; waivers; removal to Superior Court.

§ 1329 Record.

§ 1330 Proceedings pending at time of effective date of this chapter; books, records and papers.

Chapter 17 Municipal Court for the City of Wilmington [Repealed].

Subchapter I Organization and Operation

§§ 1701-1707 Municipal Court for the City of Wilmington; judges; appointments; terms; qualifications; salary; terms and adjournment of Court; seal; place for holding Court; power of judge to take acknowledgments; Court expenses [Repealed].

Subchapter II Officers and Employees

§§ 1721-1727 Appointment of clerk; bond of Clerk; appointment of Deputy Clerk; discretionary powers of Clerk and Deputy Clerk; duties of Clerk and Deputy Clerk; City Solicitor; powers and duties; Chief of Police; duties; failure to perform duties [Repealed].

Chapter 18 Emergency Interim Judicial Succession

§ 1801 Short title.

§ 1802 Statement of policy.

§ 1803 Definitions.

§ 1804 Special emergency judges.

§ 1805 Formalities of taking office.

§ 1806 Period in which authority may be exercised.

§ 1807 Removal of designees.

Chapter 19 General Provisions Applicable to Courts and Judges

Subchapter I Courts and Judges

§ 1901 State of the judiciary message.

§ 1902 Removal of actions from courts lacking jurisdiction.

§ 1902A Removal of criminal actions from courts lacking criminal jurisdiction.

§ 1903 Change of location for sickness or other cause.

§ 1904 Removal of records and papers in case of necessity.

§ 1905 Adjournments of terms of court.

§ 1906 Admission of attorneys.

§ 1907 Oath of attorneys-at-law.

§ 1908 Temporary assignment of Judges to statutory courts.

§ 1909 Appointment of judges.

Subchapter I-A Judicial Privacy

§ 1921 Definitions.

§ 1922 Public display or public posting of a judicial officer’s personal information by government agencies.

§ 1923 Public display or public posting of a judicial officer’s personal information by persons.

§ 1924 Procedure for completing a written request.

Subchapter II Law Libraries

§ 1941 Control and supervision of law libraries [Repealed].

§ 1942 Law library in Kent County as official law library for State.

Subchapter III Judicial Reports

§ 1961 Preparation of judicial reports.

§ 1962 Distribution of judicial reports.

§ 1963 Payment for publication of judicial reports.

Subchapter IV Judicial Records and Indices; Kent County

§ 1966 Revision of indices.

§ 1967 Omission of satisfied liens from new indices.

§ 1968 Officer in charge; preparation.

§ 1969 Appointment of commissioners to examine new indices.

§ 1970 Compensation of indexer and commissioners.

§ 1971 Examination of judgment satisfactions by commissioners [Repealed].

§ 1972 Examination of mortgage satisfactions by commissioner [Repealed].

Subchapter V Judicial Records and Indices; New Castle County

§ 1973 Revision of indices.

§ 1974 Omission of satisfied liens from new indices.

§ 1975 Officer in charge; preparation.

§§ 1976-1979 Appointment of commissioners to examine new indices; compensation of indexer and commissioners [Repealed].

Subchapter VI Judicial Records and Indices; Sussex County

§ 1980 Revision of indices.

§ 1981 Omission of satisfied liens from new indices.

§ 1982 Appointment of commissioners; preparation and examination of new indices.

§ 1983 Compensation of commissioners.

Subchapter VI-A Judicial Records and Indices; Superior Court and Prothonotary

§ 1984 Revision of indices.

§ 1985 Omission of satisfied liens from new indices.

§ 1986 Officer in charge; preparation.

§§ 1987-1989 Appointment of commissioners to examine new indices; compensation of commissioners; examination of judgment satisfactions by commissioners [Repealed].

Subchapter VII Court Commissioners

§ 1990 Definitions.

§ 1991 Appointment of commissioner or commissioners; term, vacancies and qualifications.

§ 1992 Courts for which commissioners shall be appointed.

§ 1993 Powers of commissioners.

§ 1994 Court rules governing commissioners.

§ 1995 Salaries.

Chapter 20 Judicial Emergency Act

§ 2001 Short title.

§ 2002 Statement of policy.

§ 2003 Definitions.

§ 2004 Authority of Chief Justice to declare a judicial emergency; contents of order; duration of order.

§ 2005 Emergency sessions of court.

§ 2006 Venue for affected court facilities.

§ 2007 Extension of deadlines.

§ 2008 Use of audiovisual devices.

§ 2009 Other emergency powers.

§ 2010 Preemption of conflicting provisions.

Part II Court Officers and Employees

Chapter 21 Sheriff

§ 2101 Compensation.

§ 2102 Deputies and clerks.

§ 2103 Sheriffs and regular deputies.

§ 2104 Attendance on courts; duties of Sheriff of Kent County as to Supreme Court.

§ 2105 Summoning jurors and witnesses.

§ 2106 Sale of property under execution process; records.

§ 2107 Endorsement on documents of sheriffs’ fees.

§ 2108 Entry of constable’s sales.

§ 2109 Reception of sum due on capias ad satisfaciendum.

§ 2110 Penalty for nonpayment of funds collected.

§ 2111 Payment of funds into court.

§ 2112 Mileage fees.

§ 2113 Administering oaths by deputies.

§ 2114 Fish and Wildlife Agent [Repealed].

Chapter 23 Prothonotary

§ 2301 Compensation.

§ 2302 Deputies and clerks.

§ 2303 Entry of judgments.

§ 2304 Judgment indices.

§ 2305 Penalties for neglect of duty.

§ 2306 Entry of judgment by confession.

§ 2307 Attachment index in New Castle County.

§ 2308 Mechanics’ Lien Docket.

§ 2309 Partnership and Association Docket.

§ 2310 Certification of scire facias on mortgage [Repealed].

§ 2311 Certification of sheriff’s return on levari facias; fees [Repealed].

§ 2312 Certification of fines; penalty.

§ 2313 Furnishing copies of sentences in criminal cases.

§ 2314 Advance costs.

§ 2315 Affidavits.

§ 2316 Purchase or contract for witness fees; penalty.

§ 2317 Juries [Repealed].

§ 2318 Entry of letter “S” in judgment index upon satisfaction.

§ 2319 Notation of satisfaction of judgments.

§ 2320 Dower record.

§ 2321 Notification of issuing writs of certiorari in motor vehicle cases.

§ 2322 Appointment of fence viewers.

§ 2323 Seal.

§ 2324 Deposits; distribution of interest.

Chapter 25 Register in Chancery Office

§ 2501 Definitions.

§ 2502 Location of offices, necessary supplies and equipment.

§ 2503 Records.

§ 2504 Register in Chancery Office; days open.

§ 2505 Disposition of fees.

§ 2506 Duty to account for fees.

§ 2507 Audit of fees.

§ 2508 Penalties for failure to collect and pay over fees.

§ 2509 Chief Register in Chancery; duties and power.

§ 2510 Compensation.

Chapter 27 Constables

§ 2701 Appointment [Repealed].

§ 2702 Board of Examiners [Repealed].

§ 2703 Qualification and training [Repealed].

§ 2704 Term of office; discharge [For application of this section, see 79 Del. Laws, c. 370, § 2] [Repealed].

§ 2705 Powers and duties [Repealed].

§ 2706 Jurisdiction [Repealed].

§ 2707 Oath [Repealed].

§ 2708 Compensation [Repealed].

§ 2709 Badges [Repealed].

§ 2710 Exclusion from coverage [Repealed].

Chapter 28 Justice of the Peace Constables

§ 2801 Appointment.

§ 2802 Duties; exclusive authority.

§ 2803 Salary and term; mileage.

§ 2804 Location.

§ 2805 Residence requirement [Repealed].

§ 2806 Training.

§ 2807 Prohibited activities and employments.

§ 2808 Jurisdiction.

Chapter 29 Code Enforcement and Animal Welfare Officers

§ 2901 Appointment.

§ 2902 Duties; limited authority.

§ 2902A Prohibition against the issuance of a search warrant where probable cause does not exist.

Part III Procedure

Chapter 31 Process; Commencement of Actions

§ 3101 Date and return of writs commencing actions.

§ 3102 Payment of costs by nonresidents for issuance or execution of writs.

§ 3103 Service and return of summons.

§ 3104 Personal jurisdiction by acts of nonresidents.

§ 3105 Service and return of scire facias.

§ 3106 Service of capias ad respondendum.

§ 3107 Arrest of nonresident on mesne process in suit by nonresident.

§ 3108 Prerequisites for issuance of capias ad respondendum.

§ 3109 Amicable actions.

§ 3110 Commencement of actions by attachment.

§ 3111 Actions against corporations; service of process.

§ 3112 Service of process on nonresident operators of motor vehicles [Repealed].

§ 3113 Service of process on resident owner and operator of motor vehicles who depart from the State after an accident.

§ 3114 Service of process on nonresident directors, trustees, members of the governing body or officers of Delaware corporations.

Chapter 35 Attachments

§ 3501 Domestic attachment; when writ may be issued.

§ 3502 Corporations subject to attachment and garnishment.

§ 3503 Public officers and employees subject to attachment and garnishment.

§ 3504 Unincorporated association subject to attachment and garnishment.

§ 3505 Worthless checks or unpaid settlement memoranda.

§ 3506 Foreign attachment against individuals.

§ 3507 Foreign attachment against foreign corporations.

§ 3508 Property subject to attachment.

§ 3509 Proceedings against garnishees.

§ 3510 Capias against garnishee.

§ 3511 Effect of sales.

§ 3512 Authority of Superior Court to make rules respecting attachments.

§ 3513 Superior Court Rules govern attachment by justices of the peace and other inferior courts.

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.

§ 3702 Death of party.

§ 3703 Executor’s or administrator’s death or removal.

§ 3704 Personal injury actions.

§ 3705 Appeals and writs of error.

§ 3706 Judgment for or against executor or administrator.

§ 3707 Statutory right of action.

§ 3708 Public officer’s action.

Subchapter II Wrongful Death Actions

§ 3721 Definitions.

§ 3722 Liability notwithstanding death.

§ 3723 Wrongful act occurring outside of Delaware [Repealed].

§ 3724 Action for wrongful death.

§ 3725 Purpose.

Chapter 39 Pleading and Practice

§ 3901 Affidavits of defense; judgments by default on written instruments; opening judgments.

§ 3902 Assignee suing in own name.

§ 3903 Bail bonds, recognizances, peace bonds or appearance bonds; actions on.

§ 3904 Suits and judgments by and against unincorporated associations.

§ 3905 Action for detention of goods and chattels.

§ 3906 Action to recover goods seized by execution or attachment.

§ 3907 Demand in actions to recover goods and chattels; necessity for proof.

§ 3908 Judgments by confession; warrant of attorney.

§ 3909 Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve).

§ 3910 Disclaimer of interest by defendant; interpleader.

§ 3911 Recognizance of plaintiff upon interpleader.

§ 3912 Counsel fees; recovering in actions on written instruments.

§ 3913 Counterclaim in suits by or against executors or administrators.

§ 3914 Proof of partnership.

§ 3915 Proof of incorporation or corporate existence.

§ 3916 Proof of agency in operation of motor vehicle.

§ 3917 Proof of signatures in actions or written instruments.

§ 3918 Recognizance of applicant for certiorari to justice of the peace.

§ 3919 Defense in civil libel actions.

§ 3920 Actions for price of newspapers or magazines received by mail; necessity for express order.

§ 3921 Presumption of proper administration of oath.

§ 3922 Destruction of property by minors; recovery of damages from parents.

§ 3923 Prosecution and defense of actions by persons of the age of 18 years or older.

§ 3924 Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry.

§ 3925 Public officers and employees.

§ 3926 Production of records, jurisdiction.

§ 3926A Production of reproductive health services records.

§ 3927 Unsworn declarations under penalty of perjury.

§ 3928 Limitations and protections against actions relating to healthcare services.

§ 3929 Recouperation of out-of-state judgments related to healthcare services.

§ 3930 Civil action for public nuisance by firearm industry member.

§ 3931 Civil actions for tortious injuries, including death, to lawfully-owned pets.

Chapter 40 Tort Claims Act

Subchapter I State Tort Claims

§ 4001 Limitation on civil liability.

§ 4002 Indemnification of public officers and employees.

§ 4003 Political subdivisions; limitations on liability.

§ 4004 Procedure for establishing right to indemnification.

§ 4005 Authorization to purchase liability insurance.

§ 4006 Exclusion on civil liability limits for claims against public schools involving sexual abuse of a child.

Subchapter II County and Municipal Tort Claims

§ 4010 Definitions.

§ 4011 Immunity from suit.

§ 4012 Exceptions to immunity.

§ 4013 Limitation on damages.

Chapter 41 Defects in Record

§ 4101 Amendment of writs and record.

§ 4102 Amendments after judgment.

§ 4103 Reversal of judgments for defects in form.

Chapter 43 Evidence and Witnesses

Subchapter I General Provisions

§ 4301 Liability of witnesses for failure to appear or testify.

§ 4302 Competency to testify.

§§ 4303-4310 Testimony of convicted felon; testimony of husband or wife; acts of General Assembly as evidence; proof of Maryland records; proof of ordinances and resolutions of Wilmington; official records and papers as evidence; business records as competent evidence [Repealed].

§ 4311 Delaware Uniform Interstate Depositions and Discovery Act.

§§ 4312-4316 Evidence of laws of other jurisdictions; judicial notice; judicial notice of common law and statutes of other jurisdictions; Uniform Proof of Statutes Law; federal findings or reports on death, missing in action, or captured as evidence; prohibition of examination of minister of religion [Repealed].

§ 4317 Admissibility of accommodation payments for personal injury; effect on statute of limitations.

§ 4318 Compassionate communications.

§ 4319 Confidential communications involving first responders, civilian employees, or their families.

Subchapter II Reporters’ Privilege

§ 4320 Definitions.

§ 4321 Privilege in nonadjudicative proceedings.

§ 4322 Privilege in adjudicative proceedings.

§ 4323 Exceptions to the privilege in adjudicative proceedings.

§ 4324 Determination of privilege claim.

§ 4325 Waiver.

§ 4326 Short title.

Subchapter III Chain of Custody

§ 4330 Chemical test report.

§ 4331 Chain of physical custody or control.

§ 4332 Presence of forensic toxicologist or forensic chemist at criminal proceeding; availability of chemical report to defense counsel.

Subchapter IV Expert Witnesses

§ 4335 Economic expert opinion on the amount of future lost wages and/or future medical expenses.

Chapter 45 Jury Selection and Service

§ 4501 Declaration of policy.

§ 4502 Prohibition of discrimination.

§ 4503 Definitions.

§ 4504 Jury commissioners [Repealed].

§ 4505 Grand jury.

§ 4506 Special jury.

§ 4507 Jury selection plan.

§ 4508 Completion of juror qualification form.

§ 4509 Disqualification from jury service.

§ 4510 Selection and summoning of jury panels.

§ 4511 Excuse or exclusion from jury service.

§ 4512 Challenging compliance with selection procedures.

§ 4513 Disclosure and preservation of records.

§ 4514 Compensation and reimbursement.

§ 4515 Protection of jurors’ employment.

§ 4516 Failure to perform jury service.

§ 4517 Jurisdiction.

§§ 4518-4543 [Reserved.]

Chapter 47 Judgments

Subchapter I Lien of Judgments

§ 4701 Definitions.

§ 4702 Time of binding lands.

§ 4703 Time entry of judgment upon verdict is effective.

§ 4704 Ascertaining amount of judgment; time of entry.

§ 4705 Priority of judgments entered same day.

§ 4706 Entry during term; docket date.

§ 4707 Justice of the peace and Court of Common Pleas judgments.

§ 4708 Supreme Court judgments.

§ 4709 Prothonotary to enter Supreme Court judgment.

§ 4710 Effect of Supreme Court judgment.

§ 4711 Time limitation of judgment lien; extension of time.

§ 4712 Effect of extension; subsequent renewals.

§ 4713 Seizure of real estate by execution after losing lien.

§ 4714 Revived judgment as lien on real estate.

§ 4715 Scire facias for extension of lien.

§ 4716 Cases in which the 10 year limitation shall not apply.

§ 4717 Judgments by confession.

§ 4718 Judgment on bond other than for payment of money.

Subchapter II Entry of Judgments

§ 4731 Dating and indexing.

§ 4732 Attorney confessing judgment upon warrant of attorney.

§ 4733 Judgments entered at special directions of state judge.

§ 4734 Court of Chancery judgments for payment of money.

§ 4735 Supplementary character of §§ 4733 and 4734.

§ 4736 Federal court judgments.

§ 4737 Fees of prothonotary.

Subchapter III Satisfaction of Judgments

§ 4751 Time for entry; penalty for failure to satisfy; jurisdiction.

§ 4752 Exceptions to § 4751.

§ 4753 Persons making and signing entry.

§ 4754 Penalty for failure to enter within time limit.

§ 4755 Officer holding execution; return of payments or settlement.

§ 4756 Real estate sold on execution; return of officer; duty of prothonotary.

§ 4757 Testatum fi. fa. or transcript of judgment in another county; duties of prothonotary.

§ 4758 Penalties for violations or neglect of duty by officers.

§ 4759 Compelling entry on record.

§ 4760 Entry by nonresident.

Subchapter IV Judgments Against Executors and Administrators

§ 4771 Report of referees; conclusiveness as to assets.

§ 4772 Decedent’s real estate as bound.

§ 4773 Application by plaintiff for rule of reference.

§ 4774 Notice of meeting of referees.

§ 4775 Rule of reference after judgment by default or upon motion.

Subchapter V Enforcement of Foreign Judgments

§ 4781 “Foreign judgment” defined.

§ 4782 Filing and status of foreign judgments.

§ 4783 Notice of filing.

§ 4784 Stay.

§ 4785 Fees.

§ 4786 Right to enforce judgment unimpaired.

§ 4787 Short title.

Chapter 48 Uniform Foreign-Country Money Judgments Recognition Act

§ 4801 Definitions.

§ 4802 Applicability.

§ 4803 Standards for recognition of foreign-country judgment.

§ 4804 Grounds for nonrecognition [Repealed].

§ 4805 Personal jurisdiction.

§ 4806 Stay of proceedings pending appeal of foreign-country judgment.

§ 4807 Savings clause.

§ 4808 Uniformity of interpretation.

§ 4809 Procedure for recognition of foreign-country judgment.

§ 4810 Effect of recognition of foreign-country judgment.

§ 4811 Statute of limitations.

§ 4812 Effective date.

Chapter 49 Executions

Subchapter I Subjects of Execution; Exemptions

§ 4901 Real estate.

§ 4902 Exempt property.

§ 4903 Head of family exemption.

§ 4904 Claim of exemption by spouses.

§ 4905 Evaluation of exempt property; selection of freeholders.

§ 4906 Procedure of freeholders.

§ 4907 Fees.

§ 4908 Authority to administer oaths.

§ 4909 Neglect of duty by freeholders; penalty.

§ 4910 Taxation or sale for taxes.

§ 4911 Prohibition against levying upon goods in storage warehouse; violation and penalty.

§ 4912 Waiver of exemptions.

§ 4913 Exemption and attachment of wages.

§ 4914 Exemptions in bankruptcy and insolvency.

§ 4915 Exemption of retirement plans, life insurance contracts, and annuity contracts [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 4916 Exemption of qualified tuition programs and qualified ABLE programs.

Subchapter II Preferences

§ 4931 Wages in New Castle County; limitation; notice of claim; other liens.

§ 4932 Wage claims as lien on real estate.

§ 4933 False wage claim; penalty.

§ 4934 Wage claims by minors.

§ 4935 Employees of insolvent corporation.

§ 4936 Medical and funeral expenses.

§ 4937 Payment of medical and funeral expenses by sheriff.

Subchapter III Venditioni Exponas

§ 4951 Issuance.

§ 4952 Failure or neglect in execution; penalty.

Subchapter IV Levari Facias

§ 4961 Procedure for public sale.

Subchapter V Sale Under Execution

§ 4971 Time of sale of goods and chattels.

§ 4972 Notice of public sale of goods and chattels.

§ 4973 Notice of public sale of real estate.

§ 4974 Place for public sale of real estate.

§ 4975 Officer conducting sale as barred from purchasing.

§ 4976 Deed of sheriff’s sale.

§ 4977 Grantee’s title.

§ 4978 Rent; time of entitlement; apportionment; proceedings.

§ 4979 Petition for deed.

§ 4980 Deed executed after petition; effect on title.

§ 4981 Recordation of petition and order; evidentiary value.

§ 4982 Deed after execution by sheriff’s predecessor.

§ 4983 Deed by sheriff after expiration of term.

§ 4984 Deed by sheriff appointed to fill vacancy.

§ 4985 Discharge of liens upon execution sale; exceptions.

§ 4986 Payment into court of unclaimed proceeds from execution sale; disposition by court.

§ 4987 Sheriff’s record of sale proceeds.

Subchapter VI Liberari Facias

§ 5001 Awarding of writ.

§ 5002 Execution for residue of debt.

§ 5003 Title under execution and return of writ.

Subchapter VII Writ of Possession

§ 5011 Awarding of writ.

§ 5012 Rule to show cause; requirement.

§ 5013 Time of applying for writ.

§ 5014 Service of rule.

§ 5015 Defendant as bona fide tenant.

§ 5016 Defendant as joint owner.

§ 5017 Stay of execution of writ.

§ 5018 Form of writ.

§ 5019 Effect of writ on title and on other remedies.

Subchapter VIII Attachment

§ 5031 Execution attachment.

§ 5032 Answer by garnishee.

Subchapter IX Return of Execution

§ 5041 Fieri facias; time of return.

§ 5042 Inventory of unsold goods and chattels.

§ 5043 Specification of lands seized or levied upon.

§ 5044 Specification of prior executions.

§ 5045 Sheriff’s neglect in making return [Repealed].

Subchapter X Capias Ad Satisfaciendum

§ 5051 Issuance of writ.

§ 5052 Plaintiff’s affidavit of fraud; exceptions from requirement.

§ 5053 Motion denying fraud; disposition.

Subchapter XI Scire Facias on Mortgage

§ 5061 Occasion for suing out writ; parties and notice [For application of this section, see 82 Del. Laws, c. 30, § 3].

§ 5062 Land divided by county line; venue of action.

§ 5062A Loss mitigation affidavit required.

§ 5062B Required notices.

§ 5062C Residential Mortgage Foreclosure Mediation Program.

§ 5062D Complaints and answers.

§ 5063 Judgment upon default.

§ 5064 Award of levari facias when county line divides land.

§ 5065 Procedure after award of levari facias.

§ 5066 Title of purchaser.

§ 5067 Disposition of surplus from sale proceeds.

Subchapter XII Scire Facias on Judgments

§ 5071 Issuance for execution on judgments and recognizances; parties.

§ 5072 Execution on judgments in civil actions.

§ 5073 Execution on judgments of the Court of Common Pleas or justices of the peace.

Subchapter XIII Lien of Execution

§ 5081 Time of binding of goods and chattels by execution; duration of lien.

§ 5082 Priority of liens.

§ 5083 Endorsing of date on writ.

§ 5084 Duty of sheriff upon receipt of execution.

§ 5085 Applicability to executions by the Court of Common Pleas or justices of the peace.

Subchapter XIV Miscellaneous Provisions

§ 5091 Execution on judgment for penalty.

§ 5092 Death or escape of party arrested or imprisoned.

§ 5093 Liability of officer for escape; action against officer.

§ 5094 Restitution on reversal of judgment after sale of real estate.

§ 5095 Mistaken identity of judgment debtor.

Chapter 51 Costs

§ 5101 Defendant or prevailing party in law actions.

§ 5102 Civil actions where defendant resides in another county.

§ 5103 Writs of prohibition or mandamus.

§ 5104 Actions in name of State.

§ 5105 Cases not specially provided for.

§ 5106 Actions in Court of Chancery.

§ 5107 Affirmance of judgment by Supreme Court.

§ 5108 Proceedings out of court.

§ 5109 Cases within jurisdiction of justice of the peace brought in Superior Court.

§ 5110 Appeals from justice of the peace.

§ 5111 Certiorari to justice of the peace.

§ 5112 Bill of costs, time for entry upon docket.

§ 5113 Endorsement on execution process.

§ 5114 Neglect of duties by officers; penalties.

§ 5115 Judicial revision.

§ 5116 Adoption proceedings.

§ 5117 Parentage proceedings.

§ 5118 Dower actions.

§ 5119 Perpetuating testimony of boundaries.

§ 5120 Fence viewers’ services.

§ 5121 Investment of moneys paid into Superior Court.

§ 5122 Attachment for rent.

§ 5123 Change of name proceedings.

Chapter 52 Delaware Uniform Foreign-Money Claims Act

§ 5201 Definitions.

§ 5202 Scope.

§ 5203 Variation by agreement.

§ 5204 Determining money of the claim.

§ 5205 Determining amount contracted for in certain contract claims.

§ 5206 Asserting and defending foreign-money claim.

§ 5207 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

§ 5208 Conversions of foreign money in distribution proceeding.

§ 5209 Pre-judgment and judgment interest.

§ 5210 Enforcement of foreign judgments.

§ 5211 Determining United States dollar value of foreign-money claims for limited purposes.

§ 5212 Effect of currency revalorization.

§ 5213 Supplementary general principles of law.

§ 5214 Uniformity of application and construction.

§ 5215 Short title.

Chapter 53 Oaths

Subchapter I Authority to Administer Oaths

§ 5301 Generally.

§ 5302 Deputy sheriffs.

§ 5303 Clerk of United States District Court.

§ 5304 Court appointees and surveyors.

§ 5305 Nonresidents in legal proceedings.

Subchapter II Procedure and Form of Oaths

§ 5321 Method of administering.

§ 5322 Uplifted hand.

§ 5323 Affirmation.

§ 5324 Non-Christians.

Chapter 53A Delaware Uniform Unsworn Foreign Declarations Act

§ 5351 Short title.

§ 5352 Definitions.

§ 5353 Applicability.

§ 5354 Validity of unsworn declaration.

§ 5355 Required medium.

§ 5356 Form of unsworn declaration.

§ 5357 Uniformity of application and construction.

§ 5358 Relation to Electronic Signatures in Global and National Commerce Act.

§ 5359 Effective date.

Chapter 54 Court Interpretation and Construction of Delaware Laws [See Evans v. State, 872 A.2d 539 (Del. 2005)concerning unconstitutionality of this chapter.]

§ 5401 Findings of the General Assembly [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].

§ 5402 @*@*Evans v. State@END@ @bold@ [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@END@

§ 5403 Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].

Part IV Special Proceedings

Chapter 57 Uniform Arbitration Act

§ 5701 Effect of arbitration agreement.

§ 5702 Jurisdiction; applications; venue; statutes of limitations.

§ 5703 Proceedings to compel or enjoin arbitration; notice of intention to arbitrate.

§ 5704 Appointment of arbitrators by Court.

§ 5705 Majority action by arbitrators.

§ 5706 Hearing.

§ 5707 Representation by attorney.

§ 5708 Witnesses; subpoenas; depositions.

§ 5709 Award generally.

§ 5710 Award by confession.

§ 5711 Modification of award by arbitrators.

§ 5712 Fees and expenses of arbitration.

§ 5713 Confirmation of an award.

§ 5714 Vacating an award.

§ 5715 Modification or correction of award by Court.

§ 5716 Judgment or decree on award.

§ 5717 Judgment roll; docketing with Register in Chancery.

§ 5718 Transfer of money damage award to Superior Court; lien on real estate.

§ 5719 Appeals.

§ 5720 Uniformity of interpretation.

§ 5721 Short title.

§ 5722 Death or incompetency of a party.

§ 5723 Arbitration of contracts of State and municipalities.

§ 5724 Application of chapter to state and municipal contracts.

§ 5725 Exclusion of collective bargaining labor contracts with public and private employers.

Chapter 58 Delaware Rapid Arbitration Act

§ 5801 Definitions.

§ 5802 Purpose of the chapter.

§ 5803 Effect of arbitration agreement.

§ 5804 Jurisdiction.

§ 5805 Appointment of arbitrator by the Court of Chancery.

§ 5806 Arbitrator; fees and expenses of arbitration.

§ 5807 Hearing; witnesses; prehearing evidence gathering; rulings before final award.

§ 5808 Awards.

§ 5809 Challenges; court powers to vacate, modify, or correct a final award.

§ 5810 Confirmation of a final award; judgment on final award.

§ 5811 Application of chapter.

§ 5812 Short title.

Chapter 59 Change of Name

§ 5901 Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5] [Effective until Dec. 6, 2026].

§ 5901 Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5] [Effective Dec. 6, 2026].

§ 5902 Requirements for minor’s petition.

§ 5903 Publication of petition prior to filing. [For application of this section, see 82 Del. Laws, c. 84, § 5] [Repealed].

§ 5904 Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.].

§ 5905 Costs.

Chapter 60 Uniform Public Expression Protection Act

§ 6001 Short title.

§ 6002 Scope.

§ 6003 Special motion for expedited relief.

§ 6004 Stay.

§ 6005 Hearing.

§ 6006 Proof.

§ 6007 . Dismissal of cause of action in whole or part.

§ 6008 Ruling.

§ 6009 Appeal.

§ 6010 Costs, attorneys’ fees, and expenses.

§ 6011 Construction.

§ 6012 Uniformity of application and construction.

§ 6013 Transitional provision.

§ 6014 Savings clause.

Chapter 61 Condemnation

§ 6101 Application of chapter.

§ 6102 Jurisdiction of Superior Court; filing of complaint.

§ 6103 Applicability of Superior Court Rules.

§ 6104 Joinder of properties.

§ 6105 Complaint; parties.

§ 6106 Process; notice of publication.

§ 6107 Objections or defenses to taking.

§ 6108 Trial; choice of commissioners; viewing property.

§ 6109 Dismissal of action.

§ 6110 Entry into possession; requirements.

§ 6111 Costs.

§ 6112 Review.

§ 6113 Time for payment of award; interest.

§ 6114 Deposit of award.

§ 6115 Recording of certified abstract of condemnation proceedings; failure to record.

Chapter 62 Vacating the Dedication of Open Space and Parkland

§ 6201 Jurisdiction of Superior Court.

§ 6202 Application of chapter.

§ 6203 Petition for vacation; notice requirements.

§ 6204 “Vacation” defined.

§ 6205 Vacation hearing.

§ 6206 Open space jurors; appointment and direction as to return.

§ 6207 Damages; hearing.

§ 6208 Property equivalence.

§ 6209 Appeal.

§ 6210 Compensation and expenses of jurors and employees.

§ 6211 Costs of proceedings.

Chapter 63 Uniform Contribution Among Tortfeasors Law

§ 6301 Definition.

§ 6302 Right of contribution; accrual; pro rata share.

§ 6303 Judgment against 1 tortfeasor.

§ 6304 Release of 1 joint tortfeasor.

§ 6305 Indemnity.

§ 6306 Third-party practice.

§ 6307 Uniformity of interpretation.

§ 6308 Short title.

Chapter 65 Declaratory Judgments

§ 6501 Power of courts; form and effect of declaration.

§ 6502 Power to construe.

§ 6503 Construction of contract before or after breach.

§ 6504 Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent.

§ 6505 Enumeration not exclusive.

§ 6506 Discretionary relief.

§ 6507 Review.

§ 6508 Supplementary relief.

§ 6509 Determination of issues of fact.

§ 6510 Costs.

§ 6511 Parties.

§ 6512 Purpose and construction of chapter.

§ 6513 “Person” construed.

Chapter 66 Structured Settlements

§ 6601 Conditions to transfers of structured settlement payment rights.

§ 6602 Definitions.

§ 6603 Jurisdiction; procedure for approval of transfers.

§ 6604 No waiver; no penalties.

Chapter 67 Ejectment

§ 6701 Procedure.

Chapter 69 Habeas Corpus

§ 6901 Jurisdiction to grant writs.

§ 6902 Persons entitled to writs; exceptions.

§ 6903 Person committed for contempt; notice of hearing.

§ 6904 Custody of minor child.

§ 6905 Application.

§ 6906 Award and service of writ.

§ 6907 Method of service; return.

§ 6908 Examination by court.

§ 6909 Discharge generally; defects in commitment.

§ 6910 Bail or discharge for delay of trial [Repealed].

§ 6911 Discharge on bail.

§ 6912 Reduction of excessive bail.

§ 6913 Remand.

§ 6914 Delivering copy of warrant or process; penalty.

§ 6915 Returning writ and producing body; violations and penalties; compelling production.

§ 6916 Evasion of writ; penalty.

§ 6917 Rearrest of discharged person for same offense; exceptions.

§ 6918 Costs and fees.

Chapter 70 Delaware Wrongful Conviction Compensation and Services Act

§ 7001 Short title.

§ 7002 Declaration of purpose.

§ 7003 Definitions.

§ 7004 Cause of action against the State for wrongful conviction.

§ 7005 Remedies awarded on a successful claim for wrongful conviction.

§ 7006 Notice.

§ 7007 Time to file.

§ 7008 Wrongful Conviction Compensation Fund.

§ 7009 Eligibility for services for individuals released after conviction overturned.

§ 7010 Construction of chapter.

Chapter 71 Criminal Nuisance Abatement

§ 7101 Short title.

§ 7102 Purpose; construction.

§ 7103 Definitions.

§ 7104 Maintaining a criminal nuisance.

§ 7105 Action to abate criminal nuisance.

§ 7106 Jurisdiction; complaint; notice of lis pendens.

§ 7107 Affirmative defenses.

§ 7108 Notice to interested parties.

§ 7109 Substitution of plaintiff [Repealed].

§ 7110 Delay and dismissal of actions.

§ 7111 Temporary abatement hearing; order; procedure.

§ 7112 Enforcing ex parte and temporary abatement orders.

§ 7113 Permanent abatement for all criminal nuisance actions; hearing; admissible evidence.

§ 7114 Duty of Attorney General; proceeds of sale in all criminal nuisance actions.

§ 7115 Lease void if building used for criminal nuisance.

§ 7116 Civil penalty [Repealed].

§ 7117 Immunity [Repealed].

§ 7118 Notification and provision of treatment resources.

§ 7119 Premises involving multiple residences or businesses.

§ 7120 Defense application to vacate or modify closing order prior to trial [Repealed].

§ 7121 Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.

§ 7122 Standard of proof.

§ 7123 Admissibility of evidence to prove criminal nuisance.

§ 7124 Relationship to criminal proceedings.

§ 7125 Release of premises upon inspection or repair.

§ 7126 Penalties.

§ 7127 Settlements.

§ 7128 Recovery of costs.

§ 7129 Contempt.

§ 7130 Cumulative remedies.

§ 7131 Liability for damage to closed properties.

§ 7132 Civil immunity.

§ 7133 Civil action for damages resulting from criminal nuisance.

§ 7134 Presumptions.

Chapter 72 Victims of Sexual Violence Protective Order

§ 7201 Purpose.

§ 7202 Definitions.

§ 7203 Commencement of action; procedure.

§ 7204 Emergency proceedings.

§ 7205 Nonemergency proceedings.

§ 7206 Termination and renewal.

§ 7207 Return and disposal of a firearm, projectile weapon, or ammunition.

§ 7208 Limitation on liability.

§ 7209 Sanctions.

Chapter 73 Insolvency

Subchapter I Proceedings for Discharge

§ 7301 Right of discharge from imprisonment for debt; conditions.

§ 7302 Contents of petition.

§ 7303 Summons to creditors; service.

§ 7304 Proof of service; appearance as waiver.

§ 7305 Creditor’s affidavit of fraud; jury trial.

§ 7306 Hearing by court in absence of allegation of fraud.

§ 7307 Interrogatories to petitioner.

§ 7308 Order to surrender property.

§ 7309 Penalties for fraud of petitioner.

§ 7310 Discharge of petitioner.

§ 7311 Oath of insolvency upon discharge.

§ 7312 Petitioner’s assignment in trust for creditors on discharge.

§ 7313 Petition in Chancery for discharge.

§ 7314 Records of proceedings.

Subchapter II Proceedings Under Assignment

§ 7321 Deed of assignment as court record; copy as evidence.

§ 7322 Vesting of title under assignment.

§ 7323 Possession of property by trustees; exemption and valuation.

§ 7324 Rental liability of property assigned; payment before removal.

§ 7325 Duties and powers of trustees.

§ 7326 Abatement of actions pending at assignment.

§ 7327 Release after assignment.

§ 7328 Disposition of proceeds from petitioner’s estate.

§ 7329 Admission of demands payable in future.

§ 7330 Determination of controversies respecting demands or claims.

§ 7331 Court’s powers with respect to trustees.

Subchapter III Effect of Discharge Under Subchapters I and II

§ 7341 Freedom from arrest; after-acquired property.

Subchapter IV Proceedings Regarding Maintenance of Imprisoned Debtors

§ 7351 Petition for maintenance.

§ 7352 Hearing on petition; order for recognizance of.

§ 7353 Recognizance.

§ 7354 Discharge upon failure to give recognizance.

§ 7355 Discharge upon creditor’s action to discontinue liability.

§ 7356 Petition by prisoner to give security for debt.

§ 7357 Arrest upon same process; continuation of obligations.

§ 7358 Special proceedings; affidavit of fraud.

Subchapter V Miscellaneous Provisions Relating toSubchapters I-IV

§ 7371 Appearance in actions.

§ 7372 Imprisonment by United States or for other cause.

§ 7373 Preservation of liens and liability of sureties and others.

§ 7374 Penalties for false swearing.

Subchapter VI Voluntary Assignments [Repealed] [For application of this subchapter, see 85 Del. Laws, c. 291, § 9]

§ 7381 Filing inventory of property assigned [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

§ 7382 Appointment and duties of appraisers [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

§ 7383 Assignee’s bond [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

§ 7384 Proceedings on bond [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

§ 7385 Assignees’ accounts and exceptions [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

§ 7386 Removal of assignees [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

§ 7387 Void preferences of creditors [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].

Chapter 73A Uniform Assignment for Benefit of Creditors Act

§ 7301A Title.

§ 7302A Definitions.

§ 7303A Scope.

§ 7304A Requirements for assignee and assignment agreement.

§ 7305A Effect of assignment; when assignment agreement effective.

§ 7306A Filing, recording, and title transfer requirements.

§ 7307A Notification to creditors.

§ 7308A Duties of assignor.

§ 7309A Duties of assignee.

§ 7310A Powers of assignee.

§ 7311A Allowed claim.

§ 7312A Disputed and disallowed claims.

§ 7313A Proof of claim.

§ 7314A Rights of transferees.

§ 7315A Distributions.

§ 7316A Claim subordination.

§ 7317A Liability.

§ 7318A Assignee removal; successor assignee.

§ 7319A Winding up.

§ 7320A Interstate matters; choice of law.

§ 7321A Court action; rebuttable presumption of notice.

§ 7322A Ancillary assignee.

§ 7323A Provisions variable by agreement.

§ 7324A Uniformity of application and construction.

Chapter 75 Recognizances and Bonds

§ 7501 Benefit of State and injured person.

§ 7502 Right of action by injured person; title of action.

§ 7503 Judgment for less than penalty; security for further damages.

§ 7504 Limitation of liability.

§ 7505 Inadequate penalty; priority of claims.

§ 7506 Installment payments, recovery of.

§ 7507 Proceedings to compel entry of satisfaction.

§ 7508 Applicability of §§ 7501-7507 to judgments on warrant of attorney.

§ 7509 Lien on lands of public officer as obligor.

§ 7510 Entry of satisfaction.

§ 7511 Default in satisfaction; amount of damages.

§ 7512 Copy as evidence; production of original.

§ 7513 Written obligation without penalty.

§ 7514 Location of realty of persons signing bonds or recognizances.

Chapter 76 Civil Sexual Abuse Liability Report

§ 7601 Civil Sexual Abuse Liability Report — Purpose.

§ 7602 Civil Sexual Abuse Report.

§ 7603 Petition and eligibility.

§ 7604 Relief.

Chapter 77 Lethal Violence Protective Order

§ 7701 Definitions.

§ 7702 Commencement of action; procedure.

§ 7703 Emergency hearings.

§ 7704 Nonemergency hearings.

§ 7705 Termination and renewal.

§ 7706 Return and disposal of a firearm, projectile weapon, or ammunition.

§ 7707 Limitation on liability.

§ 7708 Sanctions.

§ 7709 Rules and regulations.

Chapter 78 Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act

§ 7801 Short title.

§ 7802 Definitions.

§ 7803 Civil action.

§ 7804 Exceptions to liability.

§ 7805 Plaintiff’s privacy.

§ 7806 Remedies.

§ 7807 Statute of limitations.

§ 7808 Construction.

§ 7809 Uniformity of application and construction.

Part V Limitation of Actions

Chapter 79 Real Actions

§ 7901 Right of entry.

§ 7902 Seisin or possession.

§ 7903 Extension of rights of infants and other persons under disability.

§ 7904 Successors in title to persons under disability.

Chapter 81 Personal Actions

§ 8101 Sheriff’s recognizance or administration bond.

§ 8102 Guardian bond.

§ 8103 Recognizance in Chancery Court.

§ 8104 Official bond.

§ 8105 Escheator’s bond.

§ 8106 Actions subject to 3-year limitation.

§ 8107 Actions subject to 2-year limitation.

§ 8108 Mutual running accounts.

§ 8109 Bills and notes.

§ 8110 Mesne profits after ejectment.

§ 8111 Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, § 2].

§ 8112 Waste.

§ 8113 Actions against decedent’s estate.

§ 8114 Corporate officers’ bonds.

§ 8115 Forfeiture under penal statute.

§ 8116 Savings for infants or persons under disability.

§ 8117 Defendant’s absence from State.

§ 8118 Other savings.

§ 8119 Personal injuries.

§ 8120 Setoff.

§ 8121 Cause of action arising outside State.

§ 8122 Marking and bounding lands.

§ 8123 Forcible entry and detainer.

§ 8124 Notice of claim against City of Wilmington.

§ 8125 Valuation and assessment of property.

§ 8126 County and municipality zoning and planning actions.

§ 8127 Alleged deficiencies in the construction of improvements to real property.

§ 8128 Health care malpractice action limitations.

§ 8129 Inheritance and estate taxes.

§ 8130 Exemption from liability for donation of prepared food [Repealed].

§ 8131 Limitation for Indochina herbicide exposure.

§ 8132 Comparative negligence.

§ 8133 Limitation from civil liability for certain nonprofit organization volunteers.

§ 8134 Limitation on liability of third parties rendering assistance in oil or hazardous material discharge cleanup.

§ 8135 Limitation from civil liability for certain volunteers.

§ 8136 Actions involving public petition and participation [For application of repeal, see 85 Del. Laws, c. 217, § 5] [Repealed].

§ 8137 Standards for motion to dismiss and summary judgment in certain cases involving public petition and participation [For application of repeal, see 85 Del. Laws, c. 217, § 5] [Repealed].

§ 8138 Recovery of damages in actions involving public petition and participation [For application of repeal, see 85 Del. Laws, c. 217, § 5] [Repealed].

§ 8139 Limitation on civil actions by criminal defendants.

§ 8140 Liability of persons involved in equine activities.

§ 8141 Limitation on agricultural operations nuisance suits.

§ 8142 Limitations on shooting range and hunting operations nuisance suits.

§ 8143 Limitations on civil actions for recovery for shoplifting.

§ 8144 [Reserved.]

§ 8145 Civil suits for damages based upon sexual abuse of a minor by an adult.

Part VI Fees and Costs

Chapter 85 General Provisions

§ 8501 Definitions.

§ 8502 Construction of fee provisions; time for payment of fees.

§ 8503 Posting of fee lists.

§ 8504 Fees allowed by court.

§ 8505 Court security assessment.

Chapter 86 Recoupment of Defense Costs

§ 8601 Recoupment of costs.

§ 8602 Conditions of payment.

§ 8603 Nonpayment of costs.

Chapter 87 Court, County and Other Public Offices

§ 8701 Attorney General.

§ 8702 Sheriff.

§ 8703 Sheriff’s neglect or refusal to give statement of payments and costs; penalty.

§ 8704 Clerk of the Supreme Court.

§ 8705 Prothonotary; civil proceedings.

§ 8706 Prothonotary; criminal proceedings.

§ 8707 Register in Chancery.

§ 8708 Register in Chancery [Repealed].

§ 8709 Neglect or refusal to pay fees; penalty.

§ 8710 Attorney-at-law.

§ 8711 Constable.

§ 8712 Referees.

§ 8713 Commissioners in Court of Chancery.

§ 8714 Surveyor, chain-carrier, axe-person, target-bearer.

§ 8715 Distress proceedings.

Chapter 88 Proceedings in Forma Pauperis

§ 8801 Definitions.

§ 8802 In forma pauperis.

§ 8803 Court review.

§ 8804 Prisoners.

§ 8805 Good time.

Chapter 89 Jurors, Witnesses and Interpreters

§ 8901 Jurors [Repealed].

§ 8902 Jurors of inquest.

§ 8903 Witnesses.

§ 8904 Witnesses; Court of Common Pleas for Kent County.

§ 8905 Unclaimed witness fees in New Castle County.

§ 8906 Expert witnesses.

§ 8907 Interpreters for persons who are deaf in legal proceedings; fees.

Part VII Justices of the Peace

Chapter 92 Organization and Operation

§ 9201 Definitions.

§ 9202 Administration and supervision of the Court; Chief Magistrate.

§ 9203 Number of justices of the peace in each county.

§ 9204 Place of holding courts.

§ 9205 Court hours.

§ 9206 Statewide jurisdiction of the justices of the peace.

§§ 9207, 9208 [Reserved.]

§ 9209 Salaries of the justices of the peace and the Chief Magistrate.

§ 9210 Offices; supplies; basic legal education and continuing legal education requirements for justices of the peace.

§ 9211 Assignment of retired justices of the peace to active duty.

§§ 9212-9222 [Reserved.]

§ 9223 Security personnel.

§ 9224 Drug testing required.

§§ 9230, 9231 Deputy Administrator; duties of Deputy Administrator [Repealed].

Chapter 93 Jurisdiction and Venue

§ 9301 Civil jurisdiction; amount in controversy.

§ 9302 Venue of the Justice of the Peace Court.

§§ 9303-9306 [Reserved.]

Chapter 95 Procedure

Subchapter I General Provisions

§ 9501 Writs, warrants and process.

§ 9502 Summons for witnesses.

§ 9503 Power to administer oaths.

§ 9504 Adjournments.

§ 9505 Advice to litigants on right of appeal.

§ 9506 Civil contempt; penalty.

§ 9507 Notice to the Director of Consumer Protection of filed tenants’ receivership petitions.

Subchapter II Civil Actions for Debt

Proceeding by Summons; Process, Adjournments and Special Bail

§ 9521 Mode of proceeding.

§ 9522 Issuance and requirements of summons.

§ 9523 Form of summons.

§ 9524 Service of summons; verification for default judgment.

§ 9525 Deposit for cost; representation of an artificial entity.

§ 9526 Time for hearing.

§ 9527 Adjournments.

§ 9528 Requirement of special bail for certain adjournments.

§ 9529 Discharge of special bail.

§ 9530 Proceedings against special bail; scire facias.

Witnesses

§ 9531 Depositions of nonresidents.

§ 9532 Form of subpoena.

§ 9533 Failure to appear; penalty.

§ 9534 Form of attachment for contempt.

Trials

§ 9535 Form of distress warrant.

§ 9536 Setoff or counterclaim.

Judgments

§ 9537 Failure of defendant to appear; adjournment or judgment by default.

§ 9538 Application to vacate default judgment.

§ 9539 Failure of plaintiff to appear; adjournment or dismissal.

§ 9540 Entry of judgment; endorsement on cause of action.

§ 9541 Costs.

§ 9542 Judgments against executor or administrator.

§ 9543 Setting aside judgment on warrant of attorney.

Execution

§ 9544 Six months stay of execution.

§ 9545 Nine months stay of execution; security.

§ 9546 Transfer of judgment to Superior Court docket after stay of execution.

§ 9547 Execution process.

§ 9548 Form of execution process.

§ 9549 Garnishees; time for appearance; pleadings.

§ 9550 Proceeding by garnishee charging collusion.

§ 9551 Appeal from proceeding by garnishee.

§ 9552 Time of binding of goods and chattels by execution; duration of lien.

§ 9553 Levy; inventory.

§ 9554 Sale of goods levied upon; advertisement.

§ 9555 Priority of liens.

§ 9556 Duty of constable or sheriff upon receipt of execution; return of execution.

§ 9557 Venditioni exponas; issuance; requirements; effect.

§ 9558 Form of venditioni exponas.

§ 9559 Failure to return and defective return of execution [Repealed].

§ 9560 Failure to pay over proceeds from execution.

§ 9561 Failure on return to produce receipt of proceeds.

Docketing

§ 9562 Necessity of judgment and execution docket.

§ 9563 Judgment docket.

§ 9564 Execution docket.

§ 9565 Indexing of dockets.

§ 9566 Entry of judgment satisfaction by justice.

§ 9567 Entry of judgment satisfaction by creditor or execution officer.

§ 9568 Filing of abstract of execution [Repealed].

§ 9569 Transfer of judgment to Superior Court; lien on real estate.

Appeals

§ 9570 Right to appeal.

§ 9571 Appeal in civil actions.

§ 9572 Proceedings on appeal.

§ 9573 Execution upon striking of appeal.

§ 9574 Abatement and dismissal.

§ 9575 Abatement and dismissal [Transferred].

Scire Facias

§ 9576 Remedy against deceased surety; assignment of creditor’s remedies to surety.

§ 9577 Forms.

§ 9578 Survival of actions; parties.

§ 9579 Issuance, service and return of writ; proceedings.

§ 9580 Endorsement and docketing; assignment of judgment.

§ 9581 Revival of judgments.

Attachment

§ 9582 Proceeding by attachment.

§ 9583 Issuance of writ; affidavit.

§ 9584 Form of writ; form of Garnishee’s Notice of Service.

§ 9585 Goods and chattels subject to attachment; notice; judgment; creditors.

§ 9586 Service on garnishee; compelling attendance.

§ 9587 Process to compel appearance of garnishee.

§ 9588 Garnishment proceedings.

§ 9589 Dissolution of attachment.

§ 9590 Delivery of goods to constable; defense of garnishee; liability of constable.

Subchapter III Trespass Actions

§ 9611 Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions.

§ 9612 Form of summons.

§ 9613 Reversal for lack of jurisdiction [Repealed].

§ 9614 Right to appeal.

§ 9615 Certification of record to Superior Court [Repealed].

Subchapter IV Replevin and Detinue

§ 9631 Mode of proceeding.

§ 9632 Statement of claims.

§ 9633 Procedure.

§ 9634 Form of writ.

§ 9635 Referee trials [Repealed].

§ 9636 Compelling attendance of referees [Repealed].

§ 9637 Judgments.

§ 9638 Lien of judgment on real estate.

§ 9639 Fees.

§ 9640 Appeals.

Chapter 97 Fees

§ 9701 Sheriffs and New Castle County Constables.

§ 9702 Kent County constables.

§ 9703 Sussex County constables.

§ 9704 Witnesses.

§ 9705 Parties.

§ 9706 Certification of acknowledgments.

§ 9707 Depositions in appeals.

§ 9708 Duties with respect to fees; limitations on fees.

§ 9709 Violations and penalty.

Chapter 98 Costs

§ 9801 Justice of the Peace Court costs.

§ 9802 Duties with respect to costs; limitations on fees.

§ 9803 Violations and penalty.

Chapter 99 Appeals by the State in Criminal Cases

§ 9901 Definitions.

§ 9902 Appeal as of right.

§ 9903 Appeal in the discretion of the appellate court.

§ 9904 Time for filing appeal.

§ 9905 Principles of construction.

Full text is available per section.