Title 10, Courts and Judicial Procedure

§ 305. Purchase of supplies. The Chancellor may from time to time purchase for the Court such furniture, equipment, law books, stationery and other supplies as may be requisite for the proper operation of the Court.10 Del. C. 1953, § 305; 50 Del. Laws, c. 67, § 6;

§ 306. Payment of expenses. The payment of the compensation of all persons appointed or employed by the Court under the provisions of this chapter and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Judges and…

§ 307. Additional Vice-Chancellors. In addition to the Chancellor specifically required by article IV, § 2 of the Delaware Constitution, the Court of Chancery consists of 6 Vice-Chancellors.10 Del. C. 1953, § 307; 53 Del. Laws, c. 5, § 1; 64 Del. Laws, c. 218, § 1; 67 Del. Laws, …

§ 321. Register in Chancery [Repealed]. Repealed by 73 Del. Laws, c. 91, § 5, effective Jan. 1, 2002.

§ 322. Court reporters. The Chancellor shall have power from time to time to appoint and remove at pleasure such number of skilled and competent stenographers, to be designated as court reporters, as shall be necessary for the proper operation of the Court, together with such add…

§ 323. Office secretaries. Each of the Judges of the Court of Chancery may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render to such Judge such clerical, stenographic, typewriting and secretarial service…

§ 324. Temporary appointments. If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Chancellor may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time …

§ 325. Court reporters’ charges. The Chancellor may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.23 Del. Laws, c. 76; 24 Del. Laws, c. 119; Code 1915, § 3888; 30 Del. Laws, c. 224; 35…

§ 326. Bailiffs, criers and pages; compensation; duties. The Chancellor may appoint and remove at pleasure such number of bailiffs, criers and pages as shall be necessary for the proper operation of the Court, not to exceed 1 bailiff, 1 crier and 1 page in each of the several cou…

§ 327. Certification of appointments. The Chancellor shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized under the provisions of this chapter, the several dates of their appoin…

§ 328. Budgetary powers of Supreme Court. Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.10 Del. C. 1953, § 328; 50 Del. Laws, c. 67, § 8;

§ 329. Law clerks. Law clerks hold major, nontenured advisory positions for the Chancellor and Vice-Chancellors of the Court. The Court of Chancery may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.10 Del. C. 1…

§ 341. Matters and causes in equity. The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 341;

§ 342. Adequate remedy in other courts. The Court of Chancery shall not have jurisdiction to determine any matter wherein sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State.Code 1852, § 1933; Code 1915, § 3844; Code 1935, …

§ 343. Injunctions staying actions at law, or to prevent waste. The Court of Chancery may grant injunctions for staying actions at law, and to prevent waste, as there may be occasion.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 343;

§ 344. Proceedings in chambers. All jurisdiction and powers of the Court of Chancery may be exercised in chambers.10 Del. C. 1953, § 344;

§ 345. Power to invest moneys and take security. The Court of Chancery may, in the securing or investing of a sum or sums of money under orders of the Court, cause to be taken for the same, in any case not otherwise provided for by law, a recognizance, bond or mortgage in the nam…

§ 346. Technology disputes. (a) Notwithstanding any other provision in this Code, and without limiting the jurisdiction vested in any court in this State, the Court of Chancery shall have power to mediate and jurisdiction to hear and determine technology disputes as defined herei…

§ 347. Mediation proceedings for business disputes. (a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall have the power to mediate business disputes when: (1) The parties have consented to the mediation by the Court of Chancery by agreemen…

§ 348. Disputes involving deed covenants or restrictions. (a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall, through a Magistrate in Chancery or such other person as may be appointed that Magistrate in Chancery’s designee, mediate dispu…

§ 349. Arbitration proceedings for business disputes. (a) The Court of Chancery shall have the power to arbitrate business disputes when the parties request a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, to arbitrate a dispu…

§ 350. Voluntary final adjudications before a Magistrate in Chancery. The parties in any matter may stipulate to a final adjudication of the matter by a Magistrate of the Court of Chancery. In such a stipulation, the parties shall consent that the decision of the Magistrate shall…

§ 351. Voluntary waiver of appeal by parties. The parties in any matter may stipulate that the decision of the Court of Chancery, or a Magistrate of the Court of Chancery if they so choose, shall be final and binding and not subject to appeal.77 Del. Laws, c. 8, § 1; 84 Del. Laws…

§ 361. Rules of Court. (a) The Chancellor may, from time to time, adopt and promulgate general rules for the Court of Chancery which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and p…

§ 362. Subpoenas, summonses and other process; orders and award of process. The Court of Chancery may issue subpoenas, summonses, and all other process to compel defendants to answer actions in such Court, may make orders and award process, and may do all things necessary to brin…

§ 363. Issuance of process upon filing of complaint. No process shall issue for the appearance of a party in the Court of Chancery until the complaint is regularly filed.Code 1852, § 1934; Code 1915, § 3846; Code 1935, § 4370; 10 Del. C. 1953, § 363;

§ 364. Removal of defendant from county after service of process. If a defendant shall remove from the county after being served with a summons, or other process, the case may proceed, and further process may be issued into any county.Code 1852, § 1934; Code 1915, § 3846; Code 19…

§ 365. Compelling appearance of defendant in absence of personal service. If, after summons or other process issued out of the Court of Chancery, any defendant therein named does not appear in obedience to the process and according to the rules of such Court, the Court may, on af…

§ 366. Compelling appearance of nonresident defendant. (a) If it appears in any complaint filed in the Court of Chancery that the defendant or any one or more of the defendants is a nonresident of the State, the Court may make an order directing such nonresident defendant or defe…

§ 367. Failure of defendant to appear; service of judgment before execution. If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the def…

§ 368. Commissions for taking answers and examining witnesses. The Court of Chancery may award commissions for taking answers and examining witnesses, in all causes brought before it.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 368;

§ 369. Issues of fact triable by jury. When matters of fact, proper to be tried by a jury, arise in any cause depending in Chancery, the Court of Chancery may order such facts to trial by issues at the Bar of the Superior Court.Code 1852, § 1933; Code 1915, § 3844; Code 1935, § 4…

§ 370. Enforcement of judgments. The Court of Chancery may enforce obedience to its judgments by imprisonment of the body, or by sequestration of lands.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 370;

§ 371. Sale of land to enforce judgment. All real estate, within this State, shall be liable to be sold, by order of the Court of Chancery, on such terms and in such manner as the Court directs, by the sheriff, or by any party to a civil action in Chancery, when such sale shall b…

§ 372. Power to appoint Magistrates in Chancery. (a) Unless expressly prohibited by a statute pursuant to which a particular cause has been initiated in the Court of Chancery, the Court of Chancery may, in any cause pending in the Court of Chancery of this State, appoint a Magist…

§ 373. Appointment of Magistrates for purpose of executing certain instruments. In all cases where the Court of Chancery orders the execution of any conveyance, assignment, release, acquittance or other instrument and the party against whom the judgment is made does not comply th…

§ 374. Relief from forfeitures. The Court of Chancery shall not relieve from any forfeiture incurred, by the nonperformance of any condition contained in or annexed to any gift, grant or contract to which the State is or may be a party. Such forfeiture, when insisted on and decla…

§ 375. Recording of bonds and other obligations. All bonds or obligations taken pursuant to any order or judgment of the Court of Chancery in this State, shall be recorded in such Court in such manner as the Court directs. The record of any such bond or obligation so recorded, sh…