AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS.

Delaware auditor gains direct subpoena powers

Delaware’s Auditor of Accounts can now issue subpoenas directly, without first filing paperwork with the Superior Court. These subpoenas apply statewide and can require witness testimony and records needed for the Auditor’s official work. The Auditor can also administer oaths and take evidence. The Auditor, deputy, or designated staff can serve subpoenas directly. Individuals can receive them personally, through someone of suitable age and judgment at home, or by certified mail to their last known address. Organizations can receive them through their registered agent, personally or by certified mail. An authorized representative can also receive them personally at the organization’s usual business location or by certified mail. If a properly served recipient fails or refuses to respond, the Auditor can seek a Superior Court order requiring appearance. Disobeying that court order can lead to contempt punishment.