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Delaware Statutes, Title 10

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Delaware/Statutes

← All Delaware coverage

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

101 sections·Filtered byTitle 10✕Ch 9✕

10 Del. C. § 1049H. Definitions.
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§ 1049H. Definitions. As used in this part: (1) “Canadian domestic-violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a…
10 Del. C. § 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer.
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§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer. (a) If a law-enforcement officer determines under subsection (b) or (c) of this section that there is probable cause to believe a valid Canadian domestic-violence protection order exis…
10 Del. C. § 1049J. Enforcement of Canadian domestic-violence protection order by the Court.
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§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court. (a) The Court may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of 1 of the following: (1) A person authorized by law of this State oth…
10 Del. C. § 1049K. Registration of Canadian domestic-violence protection order.

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§ 1049K. Registration of Canadian domestic-violence protection order. (a) An individual may register a Canadian domestic-violence protection order in this State. To register the order, the individual must present a certified copy of the order to the Court. (b) On receipt of a cer…

10 Del. C. § 1049L. Immunity.

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§ 1049L. Immunity. This State or a state agency, local governmental agency, law-enforcement officer, prosecuting attorney, clerk of court, or state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission ari…

10 Del. C. § 1049M. Other remedies.

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§ 1049M. Other remedies. An individual who seeks a remedy under this part may seek other legal or equitable remedies.80 Del. Laws, c. 373, § 1;

10 Del. C. § 1049N. Uniformity of application and construction.

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§ 1049N. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 80 Del. Laws, c. 373, § 1;

10 Del. C. § 1049O. Relation to the Electronic Signatures in Global and National Commerce Act.

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§ 1049O. Relation to the Electronic Signatures in Global and National Commerce Act. This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15…

10 Del. C. § 1049P. Transition.

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§ 1049P. Transition. This part applies to a Canadian domestic-violence protection order issued before, on, or after January 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on, or after January 1, 2017. A reque…

10 Del. C. § 1051. Appeals generally.

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§ 1051. Appeals generally. (a) From any order, ruling, decision or judgment of the Court in any civil proceeding, including any delinquency proceeding, there shall be the right of appeal as provided by law to the Supreme Court. (b) From any order, ruling, decision or judgment of …

10 Del. C. § 1052. Appeals from custody orders.

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§ 1052. Appeals from custody orders. (a) Any order of the Court relative to the custody of any child shall be subject to review. (b) The child’s parent, guardian, next friend or any interested person or agency, at any time within 30 days after the date of such order, may appeal t…

10 Del. C. § 1053. Appeals by the State in Family Court cases.

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§ 1053. Appeals by the State in Family Court cases. (a) An appeal may be taken by the State from the Family Court to an appellate court in the following instances: (1) Appeal as of right. — a. The State shall have an absolute right to appeal to an appellate court a final order of…

10 Del. C. § 1061. Examination; treatment; payment.

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§ 1061. Examination; treatment; payment. (a) The Court may order any person within its jurisdiction examined by a licensed practitioner in the appropriate field, and if the examiner shall certify that treatment would be in the interest of the examined person and the public, order…

10 Del. C. § 1062. Assignment of prosecutors and public defenders.

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§ 1062. Assignment of prosecutors and public defenders. Sufficient prosecutors and public defenders shall be assigned to the Court in each county as are required in the judgment of the Attorney General, the Chief Defender and the Court.10 Del. C. 1953, § 971; 58 Del. Laws, c. 114…

10 Del. C. § 1063. Proceedings; privacy, informality.

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§ 1063. Proceedings; privacy, informality. (a) All proceedings before the Court and all records of such proceedings may be private except to the extent that the Court may consider publication in the public interest except as provided below in subsection (b) of this section; provi…

10 Del. C. § 1064. Merger; effect on Judges; employees; cases; records; prior offenses.

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§ 1064. Merger; effect on Judges; employees; cases; records; prior offenses. (a) Effective September 7, 1971, the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties are merged into 1 Family Court and shall not thereafter funct…

10 Del. C. § 1065. Obtaining personal jurisdiction.

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§ 1065. Obtaining personal jurisdiction. (a) Jurisdiction is acquired over a party in any civil action by transmitting to the party a copy of the summons and the petition or complaint (the papers) by any of the following methods: (1) By personal service. (2) By leaving a copy at …

10 Del. C. § 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.

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§ 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement. The Court, in the exercise of its criminal jurisdiction or in any delinquency proceeding against a child, may issue subpoenas and other warrants into any county in the State for su…

10 Del. C. § 1075. Definitions.

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§ 1075. Definitions. For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Human immunodeficiency virus test” means a test or tests of an i…

10 Del. C. § 1076. HIV testing made available.

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§ 1076. HIV testing made available. A person charged with an offense pursuant to Chapter 5 of Title 11, which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of tr…

10 Del. C. § 1077. Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing.

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§ 1077. Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing. (a) When a defendant has been arrested and charged w…

10 Del. C. § 901. Definitions.

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§ 901. Definitions. For the purpose of this chapter, unless the context indicates differently: (1) “Abuse” or “abused child” means that a person: a. Causes or inflicts sexual abuse on a child; or b. Has care, custody or control of a child, and causes or inflicts: 1. Physical inju…

10 Del. C. § 902. Purpose; construction.

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§ 902. Purpose; construction. (a) In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court …

10 Del. C. § 903. Court of record; name; subtitles.

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§ 903. Court of record; name; subtitles. This Court shall be a court of record and shall be known as “the Family Court of the State of Delaware.” It may be briefly cited as “the Family Court.” Its offices, forms, and processes in New Castle County shall be subtitled “for New Cast…

10 Del. C. § 904. State to provide Court facilities.

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§ 904. State to provide Court facilities. The State shall provide for the Court at the county seat in each county and in such other places as may be designated by the Chief Judge, adequate quarters properly furnished, consistent with the dignity of and suitable for the purposes o…

10 Del. C. § 905. Budget; payment of salaries and expenses.

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§ 905. Budget; payment of salaries and expenses. The Court shall operate financially in accordance with its budget as enacted by the General Assembly and within this limit the Secretary of Finance shall pay the Court’s salaries and expenses upon the warrant of the Administrator o…

10 Del. C. § 906. Judges; selection; designation; qualifications; terms; vacancies; salaries.

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§ 906. Judges; selection; designation; qualifications; terms; vacancies; salaries. (a) The Judges of the Family Court of the State in and for New Castle County and of the Family Court for Kent and Sussex Counties shall continue to serve as Judges of this Court for the remainders …

10 Del. C. § 907. Administrative powers and duties of the Court.

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§ 907. Administrative powers and duties of the Court. The Court shall hold meetings when and where called by the Chief Judge or, in the Chief Judge’s absence, by the senior Judge on duty, but in no event less often than semiannually. By vote of a majority of its members it shall:…

10 Del. C. § 908. Chief Judge; powers; duties.

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§ 908. Chief Judge; powers; duties. The Chief Judge, or in the Chief Judge’s absence the senior Judge on duty, shall: (1) Be the Chief Executive Officer of the Court and preside at meetings thereof. (2) Prepare and present to the Director of the Office of Management and Budget an…

10 Del. C. § 909. Administrator; qualifications; duties.

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§ 909. Administrator; qualifications; duties. There shall be an Administrator who shall possess an earned bachelor’s degree and who shall have 3 years of supervisory experience in either governmental or private business administration or its equivalent. Under the Chief Judge’s su…

10 Del. C. § 910. Director of Treatment Services; qualification; duties.

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§ 910. Director of Treatment Services; qualification; duties. There shall be a Director of Treatment Services who shall possess an earned postgraduate degree in either criminology, and/or corrections, sociology, psychology, social work, or social sciences; and shall have had expe…

10 Del. C. § 911. Supervisors, counselors; qualifications; duties.

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§ 911. Supervisors, counselors; qualifications; duties. There shall be a Chief Supervisor for the Court in each county who shall possess an earned graduate degree in either criminology, and/or corrections, sociology, psychology or social work, and such other supervisors as shall …

10 Del. C. § 912. Clerks of Court; appointment; terms of office; bonds; duties.

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§ 912. Clerks of Court; appointment; terms of office; bonds; duties. (a) There shall be a Clerk of Court appointed for the Court in each county and such Deputy Clerks as the Chief Judge deems necessary. (b) The Clerks and Deputy Clerks of the Court shall give bond to the State in…

10 Del. C. § 913. Masters; appointment; duties; review.

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§ 913. Masters; appointment; duties; review. (a) The Chief Judge, after consultation with other Judges on the Court, may appoint, commission, set salaries for and discharge Masters in the Court. A Master, at the time of appointment and thereafter, shall be a suitable person who h…

10 Del. C. § 914. Designation of Child Placement Review Board [Repealed].

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§ 914. Designation of Child Placement Review Board [Repealed].62 Del. Laws, c. 170, § 2; 72 Del. Laws, c. 338, § 2; repealed by 81 Del. Laws, c. 280, § 49, effective July 1, 2018.;

10 Del. C. § 915. Commissioners; appointment; duties; review.

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§ 915. Commissioners; appointment; duties; review. (a) The Governor shall appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Family Court, all of whom shall hold office for a term of 4 years and shall be r…

10 Del. C. § 916. Assignment of retired Commissioners to active duty.

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§ 916. 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 any Family Court in the State; provided, however, that the retired Co…

10 Del. C. § 917. Law clerks.

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§ 917. Law clerks. Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Family Court 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, § 4; 78 Del. Laws, c.…

10 Del. C. § 921. Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5]

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§ 921. Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5] The Court shall have exclusive original civil jurisdiction in all proceedings in this State concerning: (1) Any child found in the State who is alleged to be dependent, n…

10 Del. C. § 922. Exclusive and concurrent original criminal jurisdiction.

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§ 922. Exclusive and concurrent original criminal jurisdiction. (a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumerat…

10 Del. C. § 922A. Truancy jurisdiction.

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§ 922A. Truancy jurisdiction. The Court shall have jurisdiction over truancy matters as set forth in Chapter 27, subchapter II of Title 14.82 Del. Laws, c. 224, § 1;

10 Del. C. § 923. Jurisdiction over matters begun prior to this chapter.

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§ 923. Jurisdiction over matters begun prior to this chapter. The Court shall have jurisdiction to hear and decide all matters before the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties which had not been disposed of prior …

10 Del. C. § 924. Concurrent original civil jurisdiction.

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§ 924. Concurrent original civil jurisdiction. The Court shall have concurrent jurisdiction to hear writs of habeas corpus or other proceedings brought for the purpose of gaining or retaining the custody of a child or for the purpose of determining whether a child is being unlawf…

10 Del. C. § 925. General jurisdiction.

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§ 925. General jurisdiction. The Court and each Judge shall have authority to: (1) Conserve the peace; (2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material w…

10 Del. C. § 926. Judgment against parent of minor who steals or destroys property [Repealed].

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§ 926. Judgment against parent of minor who steals or destroys property [Repealed]. Repealed by 66 Del. Laws, c. 234, § 2.

10 Del. C. § 927. Exclusive jurisdiction over motor vehicle violations.

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§ 927. Exclusive jurisdiction over motor vehicle violations. (a) The Court shall have exclusive original civil jurisdiction in all proceedings in this State involving children charged with violating any of the following motor vehicle provisions of Title 21: (1) Displaying or poss…

10 Del. C. § 928. Extended jurisdiction — Juvenile delinquency.

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§ 928. Extended jurisdiction — Juvenile delinquency. (a) Prior to trial upon petition of the Attorney General, the State may seek extended jurisdiction of the Family Court over a juvenile up to age 21. (b) Extended jurisdiction shall mean that a juvenile subject to the jurisdicti…

10 Del. C. § 928A. Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18.

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§ 928A. Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18. (a) If a person commits an offense before age 18 and is arrested after reaching age 18, but before reaching age 21, the Family Court retains jurisdiction in …

10 Del. C. § 929. Extended jurisdiction — Child abuse, dependency and neglect.

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§ 929. Extended jurisdiction — Child abuse, dependency and neglect. (a) Upon petition filed by the youth, or the youth’s attorney on behalf of the youth, or the youth’s present or former representative, guardian ad litem, or Court Appointed Special Advocate, the Court may enter a…

10 Del. C. § 930. Education decision maker for abused, dependent, neglected, or delinquent children or children in the Department’s custody.

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§ 930. Education decision maker for abused, dependent, neglected, or delinquent children or children in the Department’s custody. (a) At a proceeding or upon a motion involving a child found in this State who is alleged to be abused, dependent, neglected, or delinquent, the Court…