Title 10, Courts and Judicial Procedure

§ 8105. Escheator’s bond. No action shall be brought upon the official obligation of an escheator, against either the principal or sureties, after 7 years from the expiration of the escheator’s term of office.Code 1852, § 2741; Code 1915, § 4670; Code 1935, § 5128; 10 Del. C. 195…

§ 8106. Actions subject to 3-year limitation. (a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an in…

§ 8107. Actions subject to 2-year limitation. No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.10 Del. C. 1953, § 8106A; 52 Del. Laws, c. 339, § 1;

§ 8108. Mutual running accounts. In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.Code 1852, § 2743; Code 1915, § 4672; Code 1935, § 5130; 10 Del. C…

§ 8109. Bills and notes. When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.Code 1852, § …

§ 8110. Mesne profits after ejectment. When, after a recovery in ejectment, an action is brought for mesne profits, if such action is commenced within 6 months after the ejectment, or, if there is an appeal or a writ of error, within 6 months after the affirmance of the judgment,…

§ 8111. Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, § 2]. No action for recovery upon a claim for wages, salary, or overtime for work, labor, or personal services performed, or for damages (actual, compensatory, or punitive, liquidated…

§ 8112. Waste. No action to recover damages for waste shall be brought after the expiration of 3 years from the committing of the waste.Code 1852, § 2746; Code 1915, § 4676; Code 1935, § 5134; 46 Del. Laws, c. 115, § 2; 10 Del. C. 1953, § 8111;

§ 8113. Actions against decedent’s estate. In all actions or claims against an executor or administrator of a decedent’s estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided fo…

§ 8114. Corporate officers’ bonds. No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation, by any officer of such bank or corporation, with condition for the officer’s good behavior, or for the faithful discharge …

§ 8115. Forfeiture under penal statute. No civil action for a forfeiture upon a penal statute, whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of 1 year from the accruing of the cause of suc…

§ 8116. Savings for infants or persons under disability. If a person entitled to any action comprehended within §§ 8101-8115 of this title, shall have been, at the time of the accruing of the cause of such action, under disability of infancy or incompetency of mind, this chapter …

§ 8117. Defendant’s absence from State. If at the time when a cause of action accrues against any person, such person is out of the State, the action may be commenced, within the time limited therefor in this chapter, after such person comes into the State in such manner that by …

§ 8118. Other savings. (a) If in any action duly commenced within the time limited therefor in this chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ is abated…

§ 8119. Personal injuries. No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § …

§ 8120. Setoff. This chapter shall apply to any debt alleged by way of setoff or counterclaim on the part of a defendant. The time of limitation of such debt shall be computed in like manner as if an action therefor had been commenced at the time when the plaintiff’s action comme…

§ 8121. Cause of action arising outside State. Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or th…

§ 8122. Marking and bounding lands. The return of commissions to mark and bound lands, if no action is brought to controvert the same within 7 years, shall be conclusive evidence of the original location of such land, and of the lines and boundaries thereof, saving to infants, pe…

§ 8123. Forcible entry and detainer. No writs shall be issued, by a justice of the peace or the Court of Common Pleas, upon a complaint of forcible entry, after 1 year from the time of such entry; or upon a complaint of forcible detainer merely, after the tenant has been in conti…

§ 8124. Notice of claim against City of Wilmington. No action, suit or proceeding shall be brought or maintained against the Mayor and Council of Wilmington for damages on account of physical injuries, death or injury to property by reason of the negligence of the Mayor and Counc…

§ 8125. Valuation and assessment of property. Actions for anything done in pursuance of Chapter 83 of Title 9, relating to valuation and assessment of property, shall be brought within 6 months. If judgment is given for defendant, defendant shall recover treble costs.Code 1852, §…

§ 8126. County and municipality zoning and planning actions. (a) No action, suit or proceeding in any court, whether in law or equity or otherwise, in which the legality of any ordinance, code, regulation or map, relating to zoning, or any amendment thereto, or any regulation or …

§ 8127. Alleged deficiencies in the construction of improvements to real property. (a) As used in this section: (1) “Action” shall include actions at law or in equity, or otherwise, instituted and/or prosecuted by or on behalf of this State, any of its agencies, commissions, depa…

§ 8128. Health care malpractice action limitations. No action for the recovery of damages upon a claim based upon alleged health care malpractice, whether in the nature of a tort action or breach of contract action, shall be brought after the expiration of the time period for bri…

§ 8129. Inheritance and estate taxes. No action shall be brought by the State for the collection of inheritance taxes and estate taxes upon the estate of any decedent after the expiration of 20 years from the decedent’s date of death.61 Del. Laws, c. 439, § 1;

§ 8130. Exemption from liability for donation of prepared food [Repealed].63 Del. Laws, c. 216, § 1; repealed by 83 Del. Laws, c. 196, § 1, effective Sept. 17, 2021.;

§ 8131. Limitation for Indochina herbicide exposure. (a) Notwithstanding any other provision to the contrary, the time limitation for an action to recover damages for wrongful death or for personal injuries suffered by a member or former member of the armed forces of the United S…

§ 8132. Comparative negligence. In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal r…

§ 8133. Limitation from civil liability for certain nonprofit organization volunteers. (a) For purposes of this section, the following terms shall have the meanings ascribed herein: (1) “Activity” is any decision, act or event undertaken by an organization in furtherance of the p…

§ 8134. Limitation on liability of third parties rendering assistance in oil or hazardous material discharge cleanup. (a) The provisions of any law, rule or regulation to the contrary notwithstanding, the liability of any person rendering care, assistance or advice to prevent, mi…

§ 8135. Limitation from civil liability for certain volunteers. (a) For purposes of this section, the following terms shall have the meanings ascribed herein: (1) “Activity” is any decision, act or event relating to medical or dental treatment of a person undertaken by the medica…

§ 8136. Actions involving public petition and participation [For application of repeal, see 85 Del. Laws, c. 217, § 5] [Repealed].68 Del. Laws, c. 391, § 1; repealed by 85 Del. Laws, c. 217, § 2, effective Sept. 15, 2025.;

§ 8137. Standards for motion to dismiss and summary judgment in certain cases involving public petition and participation [For application of repeal, see 85 Del. Laws, c. 217, § 5] [Repealed].68 Del. Laws, c. 391, § 1; repealed by 85 Del. Laws, c. 217, § 3, effective Sept. 15, 20…

§ 8138. Recovery of damages in actions involving public petition and participation [For application of repeal, see 85 Del. Laws, c. 217, § 5] [Repealed].68 Del. Laws, c. 391, § 1; repealed by 85 Del. Laws, c. 217, § 4, effective Sept. 15, 2025.;

§ 8139. Limitation on civil actions by criminal defendants. (a) No civil action for the recovery of damages for a cause of action, as specified in subsection (b) of this section, shall be brought by or on behalf of any person who has: (1) Been convicted for any felony class A, B,…

§ 8140. Liability of persons involved in equine activities. (a) For purposes of this section, the following terms shall have the meaning ascribed herein: (1) a. “Engages in an equine activity” means riding, training, assisting in medical treatment of, driving, or being a passenge…

§ 8141. Limitation on agricultural operations nuisance suits. (a) For the purposes of this section, agricultural operations and its appurtenances means an operation for the purpose of: (1) Cultivation of land; (2) Production of agricultural crops; (3) Raising of poultry; (4) Prod…

§ 8142. Limitations on shooting range and hunting operations nuisance suits. (a) For the purposes of this section, the terms “shooting range” and “hunting operations” and “its appurtenances” mean an operation including any of the following: (1) Lands, including the buildings and …

§ 8143. Limitations on civil actions for recovery for shoplifting. (a) (1) Before a civil action may be commenced, the merchants may send a notice to the defendant’s last known address requesting that the defendant or the parent/guardian of a minor if the defendant is a minor mak…

§ 8145. Civil suits for damages based upon sexual abuse of a minor by an adult. (a) A cause of action based upon the sexual abuse of a minor by an adult may be filed in the Superior Court of this State at any time following the commission of the act or acts that constituted the s…

§ 8146. Limitation on civil actions; sexual assault, harassment, and discrimination. (a) For purposes of this section, “communication” means information related to an incident of sexual assault, harassment, or discrimination experienced by the individual making the communication.…