Title 10 — Courts and Judicial Procedure

63 chapters · 561 sections in this title.

34 sectionsFiltered byTitle 10 Ch 71

10 Del. C. § 7101. Short title.
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§ 7101. Short title. This chapter shall be known as and may be cited as the “Criminal Nuisance Abatement Act”.72 Del. Laws, c. 484, § 1; 78 Del. Laws, c. 161, § 2;
10 Del. C. § 7102. Purpose; construction.
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§ 7102. Purpose; construction. (a) This chapter shall be liberally construed and applied so as to promote its underlying purposes, which are: (1) To authorize temporary and permanent abatement relief and other remedies to abate any criminal nuisance as defined herein; (2) To elim…
10 Del. C. § 7103. Definitions.
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§ 7103. Definitions. As used in this chapter, unless the context indicates differently: (1) “Adverse impact” means the presence of 1 or more of the following conditions: a. Diminished real property value related to nuisances associated with drug activity, illegal firearms or proj…
10 Del. C. § 7104. Maintaining a criminal nuisance.
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§ 7104. Maintaining a criminal nuisance. Any person, including but not limited to any owner, agent, employee or lessee, who uses occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance, or aids or abets therein, shall be liable for maintaining a cri…
10 Del. C. § 7105. Action to abate criminal nuisance.
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§ 7105. Action to abate criminal nuisance. (a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7…
10 Del. C. § 7106. Jurisdiction; complaint; notice of lis pendens.
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§ 7106. Jurisdiction; complaint; notice of lis pendens. (a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located. (b) At or before the commencement of the action a verified complaint alleging the facts constituting th…
10 Del. C. § 7107. Affirmative defenses.
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§ 7107. Affirmative defenses. It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State’s intent to …
10 Del. C. § 7108. Notice to interested parties.
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§ 7108. Notice to interested parties. (a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is …
10 Del. C. § 7109. Substitution of plaintiff [Repealed].
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§ 7109. Substitution of plaintiff [Repealed].72 Del. Laws, c. 484, § 1; repealed by 78 Del. Laws, c. 161, § 14, eff. Aug. 3, 2011.;
10 Del. C. § 7110. Delay and dismissal of actions.
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§ 7110. Delay and dismissal of actions. (a) All actions brought pursuant to this chapter shall be heard by the Court on an expedited and priority basis. The Court shall not grant a continuance except for compelling and extraordinary reasons, or upon the application of the Attorne…
10 Del. C. § 7111. Temporary abatement hearing; order; procedure.
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§ 7111. Temporary abatement hearing; order; procedure. (a) To bring a civil action for abatement relief pursuant to this chapter, the Office of the Attorney General, or any other person authorized, may file a complaint seeking temporary relief by alleging that the premises consti…
10 Del. C. § 7112. Enforcing ex parte and temporary abatement orders.
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§ 7112. Enforcing ex parte and temporary abatement orders. (a) Upon order of the Court, ex parte closing orders and temporary abatement orders shall be enforced by the appropriate police agency having jurisdiction over the area where the premises are located. (b) The officers ser…
10 Del. C. § 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence.
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§ 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence. (a) An action, when brought under this chapter, shall be noticed for trial at a time to be fixed by the Superior Court. (b) In the action evidence of the general reputation of the place, …
10 Del. C. § 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.
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§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions. (a) In case the existence of facts, circumstances and/or conditions that would constitute any criminal nuisance is established in a criminal proceeding in any court of competent jurisdiction, the…
10 Del. C. § 7115. Lease void if building used for criminal nuisance.
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§ 7115. Lease void if building used for criminal nuisance. Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such…
10 Del. C. § 7116. Civil penalty [Repealed].
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§ 7116. Civil penalty [Repealed].59 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 484, § 1; repealed by 78 Del. Laws, c. 161, § 21, eff. Aug. 3, 2011.;
10 Del. C. § 7117. Immunity [Repealed].
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§ 7117. Immunity [Repealed].59 Del. Laws, c. 257, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 484, § 1; repealed by 78 Del. Laws, c. 161, § 22, eff. Aug. 3, 2011.;
10 Del. C. § 7118. Notification and provision of treatment resources.
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§ 7118. Notification and provision of treatment resources. (a) The officers serving a closing order involving a criminal nuisance as defined in § 7103(5)(a) of this title shall provide outreach information and referral materials to all residents present on how to obtain alcohol a…
10 Del. C. § 7119. Premises involving multiple residences or businesses.
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§ 7119. Premises involving multiple residences or businesses. (a) Where the premises constituting the criminal nuisance includes multiple residences, dwellings or business establishments, a temporary or permanent closing order issued pursuant to any provision of this chapter shal…
10 Del. C. § 7120. Defense application to vacate or modify closing order prior to trial [Repealed].
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§ 7120. Defense application to vacate or modify closing order prior to trial [Repealed].72 Del. Laws, c. 484, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 161, § 27, eff. Aug. 3, 2011.;
10 Del. C. § 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.
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§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur. (a) Where the Court after trial determines that a premises or appropriate portion or portions thereof pursuant to § 7111 of this title constitutes a nuisan…
10 Del. C. § 7122. Standard of proof.
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§ 7122. Standard of proof. Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence.72 Del. Laws, c. 484, § 1;
10 Del. C. § 7123. Admissibility of evidence to prove criminal nuisance.
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§ 7123. Admissibility of evidence to prove criminal nuisance. (a) In any action involving any criminal nuisance, evidence of the general reputation of the place or an admission or finding of guilty of any person under the criminal laws at any such place is admissible for the purp…
10 Del. C. § 7124. Relationship to criminal proceedings.
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§ 7124. Relationship to criminal proceedings. A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have …
10 Del. C. § 7125. Release of premises upon inspection or repair.
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§ 7125. Release of premises upon inspection or repair. (a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate licens…
10 Del. C. § 7126. Penalties.
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§ 7126. Penalties. (a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the cr…
10 Del. C. § 7127. Settlements.
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§ 7127. Settlements. (a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once…
10 Del. C. § 7128. Recovery of costs.
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§ 7128. Recovery of costs. (a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of …
10 Del. C. § 7129. Contempt.
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§ 7129. Contempt. (a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude o…
10 Del. C. § 7130. Cumulative remedies.
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§ 7130. Cumulative remedies. The causes of action and remedies authorized by this chapter shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity. Further, nothing herein shall…
10 Del. C. § 7131. Liability for damage to closed properties.
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§ 7131. Liability for damage to closed properties. (a) A court-ordered closing of a premises or portion thereof pursuant to this chapter shall not constitute an act of possession, ownership or control by the Court, the plaintiff or any government official or entity responsible fo…
10 Del. C. § 7132. Civil immunity.
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§ 7132. Civil immunity. Any person or entity who, in good faith, institutes, participates in, testifies in, or encourages any person or entity to institute, participate in or testify in a civil action brought pursuant to this chapter or who in good faith provides any information …
10 Del. C. § 7133. Civil action for damages resulting from criminal nuisance.
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§ 7133. Civil action for damages resulting from criminal nuisance. (a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superi…
10 Del. C. § 7134. Presumptions.
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§ 7134. Presumptions. (a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof. (b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of …