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Delaware Statutes, Title 10

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Delaware/Statutes

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Title 10, Courts and Judicial Procedure

65 chapters · 1,192 sections in this title.

All chapters in Title 101,192 Ch 9, THE FAMILY COURT OF THE STATE OF DEL…101 Ch 95, PROCEDURE92 Ch 49, EXECUTIONS89 Ch 47, JUDGMENTS47 Ch 73, INSOLVENCY45 Ch 81, Personal Actions45 Ch 19, GENERAL PROVISIONS APPLICABLE TO COU…44 Ch 3, COURT OF CHANCERY42 Ch 5, SUPERIOR COURT37 Ch 71, Criminal Nuisance Abatement34 Ch 39, Pleading and Practice32 Ch 13, THE COURT OF COMMON PLEAS FOR THE ST…30 Ch 1, SUPREME COURT26 Ch 57, Uniform Arbitration Act25

24 sections·Filtered byTitle 10✕Ch 23✕

10 Del. C. § 2301. Compensation.
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§ 2301. Compensation. The salaries of the prothonotaries in each county shall be established in accordance with Chapter 33 of Title 29.23 Del. Laws, c. 60, § 7; Code 1915, § 1438; 40 Del. Laws, c. 139, § 1; Code 1935, § 1597; 44 Del. Laws, c. 98, § 1; 45 Del. Laws, c. 138, § 1; 4…
10 Del. C. § 2302. Deputies and clerks.
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§ 2302. Deputies and clerks. (a) In each county the Judges of the Superior Court resident in the county shall name a chief deputy prothonotary who shall perform such duties as shall from time to time be assigned by such Judges. The compensation of each such chief deputy shall be …
10 Del. C. § 2303. Entry of judgments.
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§ 2303. Entry of judgments. (a) Whenever a judgment is entered or signed in the Superior Court (except judgments on verdict when entered before the end of the term next after that in which the verdict is given), the prothonotary shall set down on the docket the day, month, and ye…
10 Del. C. § 2304. Judgment indices.
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§ 2304. Judgment indices. (a) The prothonotary shall keep to every docket of the prothonotary’s office in which judgments are entered or signed, except the appearance docket, 2 indices of such judgments, the one of the plaintiffs’ names in alphabetical order of the surnames, in c…

10 Del. C. § 2305. Penalties for neglect of duty.

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§ 2305. Penalties for neglect of duty. Whoever, being a prothonotary, neglects any duty enjoined by § 2303 or 2304 of this title, shall be fined in such amount or imprisoned for such term, as the court, in its discretion, may determine. The prothonotary shall further be answerabl…

10 Del. C. § 2306. Entry of judgment by confession.

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§ 2306. Entry of judgment by confession. (a) A judgment by confession may be entered by the prothonotary, either for money due or to become due, or to secure the obligee against a money contingent liability, or both, on the application by the obligee or assignee of a bond, note o…

10 Del. C. § 2307. Attachment index in New Castle County.

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§ 2307. Attachment index in New Castle County. The Prothonotary for New Castle County shall keep an indirect index in a docket for that purpose of all writs of foreign and domestic attachment which are issued from the court, and index the same at the time they are so issued. The …

10 Del. C. § 2308. Mechanics’ Lien Docket.

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§ 2308. Mechanics’ Lien Docket. The prothonotary shall keep a Mechanics’ Lien Docket and make all entries therein as provided by § 2724 of Title 25.16 Del. Laws, c. 145, § 3; Code 1915, § 3770; Code 1935, § 4292; 10 Del. C. 1953, § 2308;

10 Del. C. § 2309. Partnership and Association Docket.

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§ 2309. Partnership and Association Docket. The prothonotary shall keep a Partnership and Association Docket, make all entries therein and perform all the duties relative to partnership and association certificates, as provided by § 3103 of Title 6.25 Del. Laws, c. 146, § 3; Code…

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

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§ 2310. Certification of scire facias on mortgage [Repealed]. Repealed by 72 Del. Laws, c. 26, § 2, effective May 12, 1999.

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

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§ 2311. Certification of sheriff’s return on levari facias; fees [Repealed]. Repealed by 72 Del. Laws, c. 26, § 3, effective May 12, 1999.

10 Del. C. § 2312. Certification of fines; penalty.

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§ 2312. Certification of fines; penalty. (a) The prothonotary, within 30 days after the end of every term of the Superior Court in the prothonotary’s county, shall transmit to the Auditor of Accounts an abstract, certified under his or her hand and seal of office, of every case i…

10 Del. C. § 2313. Furnishing copies of sentences in criminal cases.

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§ 2313. Furnishing copies of sentences in criminal cases. The prothonotary shall deliver a copy of every sentence in a criminal case to the board, warden or other authority having the control and administration of the prison to which the prisoner is sentenced.Code 1852, § 141; 21…

10 Del. C. § 2314. Advance costs.

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§ 2314. Advance costs. The prothonotary shall require the advance payment of costs as provided in §§ 3102 and 8705 of this title.Code 1915, § 3774; Code 1935, § 4296; 10 Del. C. 1953, § 2314;

10 Del. C. § 2315. Affidavits.

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§ 2315. Affidavits. The prothonotary may take all affidavits to be used in the Superior Court.Code 1915, § 3775; Code 1935, § 4297; 10 Del. C. 1953, § 2315; 11 Del. Laws, c. 225, § 5;

10 Del. C. § 2316. Purchase or contract for witness fees; penalty.

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§ 2316. Purchase or contract for witness fees; penalty. The prothonotary shall not, directly or indirectly, purchase or contract for the fees of any witness attending the Superior Court. Any fees, so purchased, shall be forfeited. Any prothonotary who purchases such fees shall be…

10 Del. C. § 2317. Juries [Repealed].

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§ 2317. Juries [Repealed]. Repealed by 60 Del. Laws, c. 225, § 1.

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

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§ 2318. Entry of letter “S” in judgment index upon satisfaction. When satisfaction of a judgment is made by entry, or otherwise, the prothonotary shall write the letter “S” in the index opposite the names of the parties in such judgment.13 Del. Laws, c. 132, § 3; Code 1915, § 377…

10 Del. C. § 2319. Notation of satisfaction of judgments.

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§ 2319. Notation of satisfaction of judgments. (a) When any judgment in the Superior Court appears, by the return of any execution thereon, to be wholly or partially satisfied, the prothonotary shall note that fact on the record of the judgment, as required by §§ 4755 and 4756 of…

10 Del. C. § 2320. Dower record.

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§ 2320. Dower record. In suits for dower, the prothonotary shall record all the proceedings in books kept for that purpose exclusively.Code 1852, § 679; Code 1915, § 3781; Code 1935, § 4303; 10 Del. C. 1953, § 2320;

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

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§ 2321. Notification of issuing writs of certiorari in motor vehicle cases. The prothonotary shall, upon issuing a writ of certiorari in any case involving a violation of the motor vehicle laws of this State, at once notify by mail the Motor Vehicle Commissioner of this State of …

10 Del. C. § 2322. Appointment of fence viewers.

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§ 2322. Appointment of fence viewers. The prothonotary shall issue a warrant, under his or her hand and official seal, to each of the fence viewers of the prothonotary’s county, and notify the public of their appointment by as many advertisements, signed by the prothonotary and p…

10 Del. C. § 2323. Seal.

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§ 2323. Seal. The Prothonotary of New Castle County may from time to time replace the seal or seals of his or her office. When such replacement is made the old seal or seals shall be destroyed in the Prothonotary’s presence.10 Del. C. 1953, § 2323; 51 Del. Laws, c. 345; 70 Del. L…

10 Del. C. § 2324. Deposits; distribution of interest.

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§ 2324. Deposits; distribution of interest. (a) The prothonotary shall deposit any sums of money held by the Prothonotary for costs or fees in accordance with policies and guidelines established by the State Treasurer. (b) The prothonotaries in each county shall distribute intere…