Article IV — Judiciary
38 sections · 0 paragraphs in this article.
Del. Const. art. IV, § 1 Creation of courts
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The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, an Orphans' Court, a Register's Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the Members elected t…
Del. Const. art. IV, § 2 Justices of Supreme Court and other state Judges; qualifications; residence; precedence; retiree sitting temporarily
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There shall be five Justices of the Supreme Court who shall be citizens of the State and learned in the law. One of them shall be the Chief Justice who shall be designated as such by his appointment and who when present shall preside at all sittings of the Court. In the absence o…
Del. Const. art. IV, § 3 Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment
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The Justices of the Supreme Court, the Chancellor and the Vice-Chancellor or Vice-Chancellors, and the President Judge and Associate Judges of the Superior Court shall be appointed by the Governor, by and with the consent of a majority of all the members elected to the Senate, fo…
Del. Const. art. IV, § 4 Compensation of judges; method of payment; receipt of other fees or holding other office
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The Justices of the Supreme Court, the Chancellor and Vice-Chancellor or Vice-Chancellors, and the President Judge and Associate Judges of the Superior Court and of the Orphans' Court shall respectively receive from the State for their services compensations which shall be fixed …
Del. Const. art. IV, § 5 Composition of Superior Court and Orphans' Court; presiding judge; quorum
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The President Judge of the Superior Court and the Orphans' Court and the Associate Judges thereof shall compose the Superior Court and the Orphans' Court, as hereinafter prescribed. In each of the said courts the President Judge when present shall preside, and in his absence the …
Del. Const. art. IV, § 6 Sections of Superior Court and Orphans' Courts
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Subject to the provisions of Section 5 of this Article two or more sessions of the Superior Court and of the Orphans' Court may at the same time be held in the same County or in different counties.
Del. Const. art. IV, § 7 Jurisdiction of Superior Court
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The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all other the jurisdiction and powers vested by the laws of this State in the formerly existing Superior Court; and also shall have all the jurisdiction and pow…
Del. Const. art. IV, § 8 Definitions of particular terms
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The phrase "Supreme Court" as used in Section 4 of Article V of this Constitution and the phrases "Superior Court," "Court of General Sessions of the Peace and jail Delivery," "Court of Oyer and Terminer" and "Court of General Sessions" wherever found in the law of this State, el…
Del. Const. art. IV, § 9 Jurisdiction of Orphans' Court
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The Orphans' Court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans' Court.
Del. Const. art. IV, § 10 Composition and jurisdiction of Court of Chancery; initiation and decisions in causes and proceedings
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The Chancellor and Vice-Chancellor or Vice-Chancellors shall hold the Court of Chancery. One of them, respectively, shall sit alone in that court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. In any cause or matt…
Del. Const. art. IV, § 11 Jurisdiction of Supreme Court
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The Supreme Court shall have jurisdiction as follows: (1) (a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory or final judgments and other proceedings of said Superior Court in civil causes: Provided t…
Del. Const. art. IV, § 12 Composition of Supreme Court; designation of temporary Justices; quorum; opening and adjourning court
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A quorum of the Supreme Court shall consist of not less than three Justices. The entire Court shall sit in any criminal case in which the accused has been sentenced to death and in such other civil and criminal cases as the Court, by rule, or the General Assembly, upon the concur…
Del. Const. art. IV, § 13 Administrative head of courts; supervisory powers; designation of judges to sit in Court of Chancery, the Superior Court or the Orphans' Court
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The Chief Justice of the Supreme Court, or in case of his absence from the State, disqualification, incapacity, or if there be a vacancy in that office, the next qualified and available Justice who by seniority is next in rank to the Chief Justice shall be administrative head of …
Del. Const. art. IV, § 14 Power of law judges to grant restraining orders and preliminary injunction
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The President Judge of the Superior Court and of the Orphans' Court or any associate Judge shall have power, in the absence of the Chancellor and all the Vice-Chancellors from the county where any suit in equity may be instituted or during the temporary disability of the Chancell…
Del. Const. art. IV, § 15 Judges ad litem; limitation and expiration of commission; compensation; persons not disqualified
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The Governor shall have power to commission a judge or judges ad litem to sit in any cause in any of said Courts when by reason by legal exception to the Judges authorized to sit therein, or for other cause, there are not a sufficient number of Judges available to hold such Court…
Del. Const. art. IV, § 16 Scope of jurisdiction and process; costs
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The jurisdiction of each of the aforesaid courts shall be co-extensive with the State. Process may be issued out of each court, in any county, into every county. No costs shall be awarded against any party to a cause by reason of the fact that suit is brought in a county other th…
Del. Const. art. IV, § 17 Jurisdictional changes by General Assembly; appeals to Supreme Court
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The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former Court of Oyer and Terminer, the former Superior Court, the Former Court of General Sessions of the Peace…
Del. Const. art. IV, § 18 Powers of Chancellor, Vice-Chancellors, and Judges
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Until the General Assembly shall otherwise provide, the Chancellor and the Vice-Chancellor or Vice-Chancellors, respectively, shall exercise all the powers which any law of this State vests in the Chancellor, besides the general powers of the Court of Chancery, and the President …
Del. Const. art. IV, § 19 Instructions to jury
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Judges shall not charge juries with respect to matters of fact, but may state the questions of fact in issue and declare the law.
Del. Const. art. IV, § 20 Trial by court of issues of fact in civil causes
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In civil causes where matters of fact are at issue, if the parties agree, such matters of fact shall be tried by the court, and judgement rendered upon their decision thereon as upon a verdict by a jury.
Del. Const. art. IV, § 21 Amendments in civil pleadings and proceedings by Superior Court; examination of witnesses and parties
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In civil causes, when pending, the Superior Court shall have the power, before judgement, of directing, upon such terms as it shall deem reasonable, amendments in pleadings and legal proceedings, so that by error in any of them, the determination of causes, according to their rea…
Del. Const. art. IV, § 22 Payment into court pending action for debt or damages; costs
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At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued and the plaintiff not accepting the same, if upon the final decision of the cause, he shall not recover a greater su…
Del. Const. art. IV, § 23 Survival of action; executor or administrator as party; continuance
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By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but, until the General Assembly shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintif…
Del. Const. art. IV, § 24 Security for stay of proceedings on appeal or writ of error
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Whenever a person, not being an executor or administrator, appeals or applies to the Supreme Court for a writ of error, such appeal or writ shall be no stay of proceedings in the court below unless the appellant or plaintiff in error shall give sufficient security to be approved …
Del. Const. art. IV, § 25 Time for writ of error on confession of judgement; exceptions
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Repealed, 51, Del. Laws, c. 78.
Del. Const. art. IV, § 26 Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri facias
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The Prothonotary of each county shall be the Clerk of the Superior Court in and for the county in which he holds office. He may issue process, take recognizance of bail and enter judgements, according to law and the practice of the Court. No judgement in one county shall bind lan…
Del. Const. art. IV, § 27 Clerk of Supreme Court; term of office and compensation
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The Supreme Court shall have the power to appoint a Clerk to hold office at the pleasure of the said Court. He shall receive from the State for his services a compensation which shall be fixed from time to time by the said Court and paid monthly.
Del. Const. art. IV, § 28 Criminal jurisdiction of interior courts and justices of the peace; regulation of jurisdiction; indictment; jury trial; appeals
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The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more Justices of the Peace, jurisdiction of the criminal matters following, that is to say--assaults and batteries, carrying concealed a deadly weapon disturbing meeti…
Del. Const. art. IV, § 29 Justices of the peace; term of office
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There shall be appointed, as hereinafter provided, such number of persons to the office of Justice of the Peace as shall be directed by law, who shall be commissioned for four (4) years.
Del. Const. art. IV, § 30 Justices of the Peace and Judges of Legislative Courts; appointment by Governor; terms of office
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Justices of the Peace and the Judges of such Courts as the General Assembly may establish, or shall have established prior to the time this amended Article IV of this Constitution becomes effective, pursuant to the provisions of Section 1 or Section 28 of this Article, shall be a…
Del. Const. art. IV, § 31 Registers of Wills; depositions of witnesses; process; appeals to Orphans' Court; disqualification of Register for interest
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The Registers of Wills of the several counties shall respectively hold the Register's Court in each county. Upon the litigation of a cause the depositions of the witnesses examined shall be taken at large in writing and made part of the proceedings in the cause. This court may is…
Del. Const. art. IV, § 32 Adjustment and settlement of executors' and administrators' accounts; notice; hearing of exceptions in Orphans' Court; transfer of jurisdiction; appeals
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An executor or administrator shall file every account with the Register of Wills for the County, who shall, as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such executor or administrator, and shall adjust and settle th…
Del. Const. art. IV, § 33 Style of process and public acts; prosecutions in name of State
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The style in all process and public acts shall be THE STATE OF DELAWARE. Prosections shall be carried on in the name of the State.
Del. Const. art. IV, § 34 Continuation in office and designation of certain judicial officers
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The Chancellor, Chief Justice and Associate Judges in office at and immediately before the time this amended Article IV of this Constitution becomes effective shall hold their respective offices until the expiration of their terms respectively and shall receive the compensation p…
Del. Const. art. IV, § 35 Proceedings pending at time of 1951 amendment; books, records and papers; effect of amended article on Court of Chancery
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All writs of error and appeals and proceedings pending, at the time this amended Article IV of this Constitution becomes effective, in the Supreme Court as heretofore constituted shall be proceeded within the Supreme Court hereby established, and all the books, records and papers…
Del. Const. art. IV, § 36 Abolition of Orphans' Court; transfer of jurisdiction and powers
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The General Assembly shall have power to transfer to such court or courts as it deems appropriate all or any part of the jurisdiction, powers and junctions of the Orphans' Court and all or any part of the matters pending before the Orphans' Court, and to abolish the Orphans' Cour…
Del. Const. art. IV, § 37 Court on the Judiciary
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A Court on the Judiciary is hereby created consisting of the Chief Justice and the Associate Justices of the Supreme Court, the Chancellor, and the President Judge of the Superior Court. Any judicial officer appointed by the Governor may be censured or removed or retired by the C…
Del. Const. art. IV, § 38 Retired Judges and Justices; Temporary Assignment
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A former State Judge or a former Justice of the Supreme Court, who is retired and is receiving a state judicial pension and who assents to active judicial duty and who is not engaged in the practice of law, upon designation of the Chief Justice of the Supreme Court, or in case of…