Title 10, Courts and Judicial Procedure

§ 1305. Places of holding Court. Court shall be held: (1) In New Castle County, at Wilmington; (2) In Kent County, at Dover; and (3) In Sussex County, at Georgetown.10 Del. C. 1953, § 1305; 59 Del. Laws, c. 133, § 1;

§ 1306. Terms of Court. The designation and the duration of the terms of the Court and the nature of the proceedings to be conducted at each such term, shall be determined by the rules adopted for the Court.10 Del. C. 1953, § 1306; 59 Del. Laws, c. 133, § 1;

§ 1307. Seals; rules of Court. The Judges of the Court, or a majority of them, shall, for and on behalf of the Court, adopt a seal, make and publish general rules regulating the practice and procedure therein and the keeping of its records, including a schedule of costs and fees …

§ 1308. Disposition of money. (a) The fees, fines and costs received by the Court shall be paid to the State Treasurer, except as otherwise provided by subsection (b) of this section. (b) All sheriff’s costs and fees collected by the Court, including those specified in §§ 8702 an…

§ 1309. Appointment of Clerks and other officers; terms [Transferred]. Transferred to § 1311 of this title.

§ 1310. Law clerks. Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Court of Common Pleas may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.78 Del. Laws, c. 51, § 5;

§ 1311. Appointment of Clerks and other officers; terms. (a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible to the Chief Judge for the administration of all nonjudicial activity in the Court. In add…

§ 1312. Deputy Clerk; powers and duties. The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk w…

§ 1313. Powers and duties of Clerks. (a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county, and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter. (b) The Cl…

§ 1314. Bonds of Clerks and Deputy Clerks. Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continu…

§ 1314A. Bailiffs, criers and pages; compensation; duties. (a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from t…

§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal. (a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Court of Common Pleas, all of whom shall h…

§ 1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas. (a) Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Court of Co…

§ 1316A. Assignment of retired Commissioners to active duty. (a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in the Court of Common Pleas provided, however, that the retired Commi…

§ 1317. City Solicitor; powers and duties. (a) The City Solicitor of Wilmington or a duly authorized designee shall be ex officio the prosecuting officer in the Court of Common Pleas and the Justice of the Peace Court for all offenses committed within the City of Wilmington again…

§§ 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]. Transferred to §§ 1325 to 1328 of this title.

§ 1321. Scope of jurisdiction and process. The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.10 Del. C. 1953, § 1313; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1;

§ 1322. Civil jurisdiction; amount in controversy. (a) The Court shall have jurisdiction over all civil actions at law where the matter or thing in controversy, exclusive of interest, does not exceed $75,000. (b) The Court shall have unlimited jurisdiction over counterclaims, cro…

§ 1323. Causes transferred from Superior Court. The Court shall have jurisdiction to receive, hear, try and dispose of all such arguments, cases, matters and business as, by a certificate of a Judge of the Superior Court, may be assigned to it, pursuant to the rules of the Court …

§ 1324. General powers of Court. The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, …

§ 1325. Judgments and executions. (a) All civil judgments rendered by the Court shall be entered in a judgment docket, which shall be properly indexed. The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonota…

§ 1326. Appeal in civil actions. (a) From any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision or judgment was rendered. (b) The appea…

§ 1327. Civil trial without jury or referees. All civil cases shall be tried by the Court without a jury or referees.10 Del. C. 1953, § 1319; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1;

§ 1328. Civil actions; demand for jury trials; waivers; removal to Superior Court. (a) Every person who commences a civil action in this Court shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person’s original …

§ 1329. Record. A verbatim record shall be kept of all evidence taken in the Court.10 Del. C. 1953, § 1321; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1;

§ 1330. Proceedings pending at time of effective date of this chapter; books, records and papers. (a) All suits, proceedings and matters pending, at the time this chapter becomes effective, in the Courts of Common Pleas for New Castle, Kent and Sussex Counties, as heretofore cons…