Title 10 — Courts and Judicial Procedure

§ 3501. Domestic attachment; when writ may be issued. A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceed…

§ 3502. Corporations subject to attachment and garnishment. (a) All corporations doing business in this State, except as specified in subsections (b) and (c) of this section, are subject to the operations of the attachment laws of this State, as provided in the case of individual…

§ 3503. Public officers and employees subject to attachment and garnishment. (a) The attachment laws of this State shall apply to employees of the State, or of any county, district or municipality with the same force and effect as they apply to other individuals. Any officer of t…

§ 3504. Unincorporated association subject to attachment and garnishment. (a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may b…

§ 3505. Worthless checks or unpaid settlement memoranda. A writ of attachment may be issued in any action brought against any person who has issued a worthless check against an account in which there are not sufficient funds to pay such check, or where the person has issued slips…

§ 3506. Foreign attachment against individuals. A writ of foreign attachment may issue against any individual not an inhabitant of this State on any cause of action after proof satisfactory to the court that the defendant cannot be found, that the defendant resides out of the Sta…

§ 3507. Foreign attachment against foreign corporations. A writ of foreign attachment may be issued against any corporation, aggregate or sole, not created by or existing under the laws of this State upon proof satisfactory to the court that the defendant is a corporation not cre…

§ 3508. Property subject to attachment. Goods, chattels, rights, credits, moneys, effects, lands and tenements may be attached under this chapter.10 Del. C. 1953, § 3508; 52 Del. Laws, c. 341.;

§ 3509. Proceedings against garnishees. If any garnishee, duly summoned shall not appear as required, the garnishee may be compelled, by attachment, to appear and answer or plead. The plaintiff may be compelled to pay a fee to the garnishee in such amount as may be fixed from tim…

§ 3510. Capias against garnishee. If it be shown to the court that any garnishee, summoned or to be summoned thereon, is not an inhabitant of the county where the attachment is pending, or is about to leave the county, then a capias may issue against such garnishee to hold the ga…

§ 3511. Effect of sales. All sales under this chapter shall be good against the defendant or the defendant’s executors, administrators and assigns. Any transfer or assignment of the property after attachment shall be void, and after the sale of the property is made and confirmed …

§ 3512. Authority of Superior Court to make rules respecting attachments. The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof, manner of seizure of property, sale of perishable property, appoint…

§ 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts. Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. …

§ 3901. Affidavits of defense; judgments by default on written instruments; opening judgments. (a) In all actions upon bills, notes, bonds or other instruments of writing for the payment of money or for the recovery of book accounts, on foreign judgments, and in all actions of sc…

§ 3902. Assignee suing in own name. A person to whom a contract, express or implied, has been transferred or assigned, either in accordance with a statute or with the common law, may sue thereon in his or her own name.Code 1915, § 4210A; 30 Del. Laws, c. 228; Code 1935, § 4684; 1…

§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on. Whenever any court orders and adjudges a bail bond, recognizance, or bond to keep the peace, or for the appearance of a defendant or of a witness, in any court, forfeited, then in any action on such f…

§ 3904. Suits and judgments by and against unincorporated associations. An unincorporated association of persons, including a partnership, using a common name may sue and be sued in such common name and a judgment recovered therein shall be a lien like other judgments, and may be…

§ 3905. Action for detention of goods and chattels. When any goods or chattels are unlawfully detained from the owner or the person entitled to the possession thereof, such owner or person may have remedy to recover the same by a civil action.Code 1852, § 2325; Code 1915, § 4185;…

§ 3906. Action to recover goods seized by execution or attachment. A civil action may be brought to recover goods and chattels seized by virtue of any process of execution or attachment, with damages and costs for the taking and detention thereof, against the officer seizing the …

§ 3907. Demand in actions to recover goods and chattels; necessity for proof. In all actions to recover goods and chattels, no proof of demand shall be necessary, but the bringing of the action shall be considered a sufficient demand for all purposes. The failure at the trial to …

§ 3908. Judgments by confession; warrant of attorney. No complaint shall be necessary nor shall any cognovit be required for the confession of any judgment. Every warrant of attorney authorizing the confession of judgment, whether after complaint or otherwise, shall be taken to a…

§ 3909. Complaint, declaration or cognovit upon judgments D.S.B. (debt without a writ—debitum sine breve). No judgment D.S.B., entered, shall be taken to be invalid because it does not appear that any complaint or cognovit was filed prior to the entering of the same, but whenever…

§ 3910. Disclaimer of interest by defendant; interpleader. The defendant in any action brought in the Superior Court for the recovery of money, or of any goods, chattels, or the value thereof in damages, which shall have come lawfully to the defendant’s hands or possession, may, …

§ 3911. Recognizance of plaintiff upon interpleader. If the process issued upon an order under § 3910 of this title to interplead is not served, or personal notice thereof is not given to the third person referred to in such section, the court may, upon giving judgment for the pl…

§ 3912. Counsel fees; recovering in actions on written instruments. In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, mortgage, invoice or other instrument of writing, if the plaintiff or lien holder in the actio…

§ 3913. Counterclaim in suits by or against executors or administrators. If either party sue or be sued as an executor or administrator, and there are mutual debts or credits or other claims between his or her testator or intestate and the other party, 1 debt or credit may be set…

§ 3914. Proof of partnership. In any action by or against partners, the plaintiff may require the defendant or defendants to deny the allegation of partnership by affidavit filed with the answer, by the specific notation of the need for a denial by affidavit within the paragraph …

§ 3915. Proof of incorporation or corporate existence. In any action by or against any corporation, the plaintiff may specifically require the defendant or defendants to deny the allegation of the incorporation and existence of the corporation by affidavit filed with the answer, …

§ 3916. Proof of agency in operation of motor vehicle. In any action arising out of the operation of any vehicle, in which it is alleged that the operator of the vehicle was a servant, agent or employee of the defendant or defendants, the plaintiff may specifically require the de…

§ 3917. Proof of signatures in actions or written instruments. In any action brought upon any deed, bond, bill, note or other instrument of writing, a copy of which has been filed with the complaint, the plaintiff may specifically require the defendant or defendants to deny the a…

§ 3918. Recognizance of applicant for certiorari to justice of the peace. (a) On the issuing of a writ of certiorari to a justice of the peace, the party applying therefor, shall enter into a recognizance to the defendant in a reasonable penalty, and with sufficient surety to be …

§ 3919. Defense in civil libel actions. In actions for damages for the writing or publishing of a libel, where the truth is pleaded and given in evidence, if it is found that the same was written or published properly for public information, and with no malicious or mischievous m…

§ 3920. Actions for price of newspapers or magazines received by mail; necessity for express order. No action shall be brought to charge any person upon any promise or agreement for the subscription price to any newspaper, magazine, periodical, or publication whatsoever, when suc…

§ 3921. Presumption of proper administration of oath. When it appears that an oath or affirmation has been administered by competent authority, it shall be presumed to have been properly administered, unless the contrary appear.Code 1852, § 2509; Code 1915, § 4428; Code 1935, § 4…

§ 3922. Destruction of property by minors; recovery of damages from parents. Any municipal corporation, county, town, school district and agency of the State or any person, partnership, corporation or association, or any religious organization whether incorporated or unincorporat…

§ 3923. Prosecution and defense of actions by persons of the age of 18 years or older. (a) Any person of the age of 18 years or older who is not otherwise incompetent may bring, file, prosecute, defend, litigate, settle, dismiss or otherwise compromise any action in law or in equ…

§ 3924. Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry. The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, enticement, or b…

§ 3925. Public officers and employees. Any public officer or employee, in a criminal or civil action against the person arising from state employment, shall be entitled to petition the court for a court-appointed attorney to represent the person’s interests in the matter. If the …

§ 3926. Production of records, jurisdiction. (a) Prompt production of records. — A health care provider who receives an appropriate authorization duly signed by an existing or former patient, guardian or personal representative, shall produce a true and correct complete copy of t…

§ 3926A. Production of reproductive health services records. (a) As used in this section, “reproductive health services” means as defined in § 1702 of Title 24. (b) Notwithstanding any law or court rule to the contrary, in any civil action or proceeding, no health-care provider m…

§ 3927. Unsworn declarations under penalty of perjury. (a) To the extent authorized by court rule, any matter, except as otherwise provided in subsection (b) of this section, that is required or permitted by the laws of this State to be supported, evidenced, established, or prove…

§ 3928. Limitations and protections against actions relating to healthcare services. (a) A law of another state that authorizes a person to bring a civil action against a person that does any of the following is contrary to the public policy of this State: (1) Terminates or seeks…

§ 3929. Recouperation of out-of-state judgments related to healthcare services. (a) As used in this section, “healthcare services” means as defined in § 1702 of Title 24. (b) When any person has had a judgment entered against such person, in any state, where liability, in whole o…

§ 3930. Civil action for public nuisance by firearm industry member. (a) For purposes of this section: (1) “Firearm industry member” means a person engaged in the sale, manufacturing, distribution, importing, or marketing of a firearm-related product. (2) “Firearm-related product…

§ 3931. Civil actions for tortious injuries, including death, to lawfully-owned pets. (a) Definitions. For purposes of this section: (1) “Compensatory damages” means all of the following: a. In the case of the death of a pet, the fair market value of the pet before death and the …

§ 4101. Amendment of writs and record. Writs of scire facias, of execution, and of error, may be amended. After judgment, the court before whom a record is, may order the amendment of any clerical error in any part of such record. When there is matter to amend, the court may orde…

§ 4102. Amendments after judgment. After judgment rendered in any civil action, any defects or imperfections, in matter of form, found in the record, or proceedings, in the action, may be rectified and amended by the court to which it is removed by appeal or writ of error, if sub…

§ 4103. Reversal of judgments for defects in form. No judgment shall be reversed for any defect or imperfection in matter of form which might, by law, have been amended.Code 1852, § 2503; Code 1915, § 4421; Code 1935, § 4879; 10 Del. C. 1953, § 4103;

§ 4501. Declaration of policy. It is the policy of this State that jurors serving in each county shall be selected at random from a fair cross section of the population of that county and that all qualified persons shall have an opportunity to be considered for jury service and a…

§ 4502. Prohibition of discrimination. No person may be excluded from jury service in this State on account of race, color, religion, sex, national origin, economic status, or any other basis protected under Chapter 45 of Title 6.60 Del. Laws, c. 225, § 2; 64 Del. Laws, c. 186, §…