§ 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§ 1012 Family Court Adjudicated Drug Court Program [Repealed].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§ 1020 Notification to federal government [Repealed].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§ 1026 Expungement of offenses resolved by probation before judgment [Repealed].
§ 1027 Expungement; records; access by law-enforcement officers [Repealed].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.
§ 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
§ 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.
§ 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.
§ 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.
§ 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.