Title 10, Courts and Judicial Procedure

§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors. (a) If any goods, or chattels, are taken on any attachment issued under this subchapter, the constable shall make an inventory, and annex the inventory to the attachment. (b) The constable shall be res…

§ 9586. Service on garnishee; compelling attendance. (a) The service of an attachment on a garnishee may be made in the same way as service of an original summons. (b) If a garnishee summoned on either original, or execution attachment, neglects to appear, as required, the justic…

§ 9587. Process to compel appearance of garnishee. The form of process to be used for compelling the appearance of a garnishee shall be as follows: “ County, ss. The State of Delaware, To any constable, greeting: We command you to bring A. B. forthwith before C. D., one of our ju…

§ 9588. Garnishment proceedings. (a) The plaintiff, in his or her election, may require a garnishee to answer on oath, or affirmation, or to plead. The plaintiff shall make the election at or before the appearance, or the answer is taken, and the justice may compel the answer, or…

§ 9589. Dissolution of attachment. (a) If the original debtor appears at the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m., before final judgment and enters an appearance acknowledging that debtor will answer the plaintiff’s demand and satisfy any judgment rende…

§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable. (a) A garnishee summoned on any attachment shall be allowed, as against any claim by the defendant, for any property delivered by the garnishee to the constable, or for the amount of any judgmen…

§ 9611. Statement of injury; affidavit denying agency; counterclaims, cross-claims and third-party actions. (a) In trespass actions under § 9301 of this title, before the summons is issued, the plaintiff shall file a written statement under hand describing the injury of which the…

§ 9612. Form of summons. The summons under this subchapter shall be in the form provided by the Justice of the Peace Court for summons in civil cases.Code 1852, § 2197; Code 1915, § 4064; Code 1935, § 4545; 10 Del. C. 1953, § 9612; 55 Del. Laws, c. 20, § 23; 70 Del. Laws, c. 186,…

§ 9613. Reversal for lack of jurisdiction [Repealed]. Repealed by 77 Del. Laws, c. 55, § 2, effective June 26, 2009.

§ 9614. Right to appeal. In all cases of trespass, there shall be the same right of appeal to the Court of Common Pleas as in other civil actions.Code 1915, § 4004A; 29 Del. Laws, c. 255; Code 1935, § 4543; 41 Del. Laws, c. 209; 10 Del. C. 1953, § 9615; 69 Del. Laws, c. 423, § 12…

§ 9615. Certification of record to Superior Court [Repealed]. Repealed by 77 Del. Laws, c. 55, § 4, effective June 26, 2009.

§ 9631. Mode of proceeding. The proceeding before justices of the peace in actions of replevin and detinue shall be by writ as provided in this subchapter.Code 1915, § 4065B; 29 Del. Laws, c. 256, § 2; Code 1935, § 4548; 10 Del. C. 1953, § 9631;

§ 9632. Statement of claims. In replevin actions, the plaintiff shall file a written statement setting forth all the necessary averments which the plaintiff claims to constitute the right of action. Such statement of claim shall be filed before the summons is issued.10 Del. C. 19…

§ 9633. Procedure. (a) In a proceeding under this subchapter, the service of a summons shall be as in all other civil actions. If service is unable to be perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of cla…

§ 9634. Form of writ. The writ shall be of the following form: “ County, ss. The State of Delaware. To any constable of County. WE COMMAND YOU to replevy and deliver to the said the following described goods and chattels forthwith to wit: of the value of dollars lawful money of t…

§ 9635. Referee trials [Repealed]. Repealed by 77 Del. Laws, c. 55, § 5, effective June 26, 2009.

§ 9636. Compelling attendance of referees [Repealed]. Repealed by 77 Del. Laws, c. 55, § 6, effective June 26, 2009.

§ 9637. Judgments. (a) In a proceeding under this subchapter, if the defendant being duly summoned does not appear, or if upon trial it is proved to the satisfaction of the justice that the plaintiff is entitled to the possession of the property, replevied and delivered, plaintif…

§ 9638. Lien of judgment on real estate. Any judgment entered under this subchapter may be made a lien on real estate in the same manner as is provided by § 9569 of this title.Code 1915, § 4065J; 29 Del. Laws, c. 256, § 2; Code 1935, § 4556; 10 Del. C. 1953, § 9639;

§ 9639. Fees. In proceedings under this subchapter, witnesses shall have the same fees as for attendance before justices of the peace in other actions.Code 1915, § 4065H; 29 Del. Laws, c. 256, § 2; Code 1935, § 4554; 10 Del. C. 1953, § 9640; 55 Del. Laws, c. 20, § 27;

§ 9640. Appeals. Appeals shall be allowed from judgments given by justices of the peace under this subchapter, to the Court of Common Pleas. Such appeals shall be taken, docketed and dismissed in the same manner as is provided by law for the taking, docketing and dismissing of ap…

§ 9701. Sheriffs and New Castle County Constables. The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows: For serving and returning a summons, or a scire facias, on one or more defendants, …

§ 9702. Kent County constables. The fees of Kent County constables, for the services specified, in cases before a Justice of the Peace shall be as follows: For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before jud…

§ 9703. Sussex County constables. The fees of Sussex County constables, for the services specified, in cases before a justice of the peace shall be as follows: For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before…

§ 9704. Witnesses. The fees of witnesses in cases before a justice of the peace shall be as follows: For each day’s attendance $ .50 And 3 cents per mile from the witness’ house to the place of trial and back. For the referees who actually try the cause, each, and mileage the sam…

§ 9705. Parties. The fees of parties in cases before a justice of the peace shall be as follows: For each deposition taken $ .50 But more than $1.00 shall not be allowed by either party for depositions in a case before the justice, nor more than $5.00 on appeal. 24 Del. Laws, c. …

§ 9706. Certification of acknowledgments. The fees of a justice of the peace, for the services specified, shall be as follows: $ .50 .30 12 Del. Laws, c. 571, § 1; Code 1915, § 4060; Code 1935, § 4541; 10 Del. C. 1953, § 9709;

§ 9707. Depositions in appeals. For each deposition taken in an appeal from a justice $ .50 But not more than $5.00 shall be allowed for depositions in 1 appeal. Code 1852, § 2814; Code 1915, § 4871; Code 1935, § 5367; 10 Del. C. 1953, § 9710;

§ 9708. Duties with respect to fees; limitations on fees. The justice shall tax the fee for every service specified in this chapter. No other fee shall be allowed and no mileage shall be allowed unless it is expressly given. In no case shall a fee be charged for a service not per…

§ 9709. Violations and penalty. Whoever knowingly receives any greater or more or less fees than are allowed in this chapter for the services specified, or refuses to give a receipt or adds any item not specified in this chapter, shall be fined not more than $60.24 Del. Laws, c. …

§ 9801. Justice of the Peace Court costs. All costs in the Justice of the Peace Court shall be established by court rule, subject to approval by the Chief Justice and the Delaware Supreme Court.10 Del. C. 1953, § 9801; 55 Del. Laws, c. 20, § 31; 59 Del. Laws, c. 513, § 1; 59 Del.…

§ 9802. Duties with respect to costs; limitations on fees. All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The justice shall tax the costs for each service specified by the rules of the Justice of the …

§ 9803. Violations and penalty. (a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by the rules of the Justice of the Peace Court, shall be fined not more than …

§ 9901. Definitions. As used in this chapter: (1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court. (2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. …

§ 9902. Appeal as of right. (a) The State shall have an absolute right to appeal to an appellate court a final order of a lower court where the order constitutes a dismissal of an indictment or information or any count thereof, or the granting of any motion vacating any verdict o…

§ 9903. Appeal in the discretion of the appellate court. The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall hav…

§ 9904. Time for filing appeal. The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed with…

§ 9905. Principles of construction. The provisions of this chapter shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitutions of the United States and the State.70 Del. Law…