Title 10 — Courts and Judicial Procedure

§ 4503. Definitions. As used in this chapter: (1) “Clerk” means the prothonotary of each county, and includes any deputy or clerk in the office of the prothonotary. (2) “Court” means the Superior Court of the State, and includes any Judge of the Court. (3) “Juror qualification fo…

§ 4504. Jury commissioners [Repealed]. Repealed by 77 Del. Laws, c. 171, § 1, effective July 22, 2009.

§ 4505. Grand jury. Grand juries in New Castle County shall consist of 15 members, and the affirmative vote of 9 members shall be necessary to find a true bill of indictment. Grand juries in Kent County and in Sussex County shall consist of 10 members, and the affirmative vote of…

§ 4506. Special jury. The Court may order a special jury upon the application of any party in a complex civil case. The party applying for a special jury shall pay the expense incurred by having a special jury, which may be allowed as part of the costs of the case.66 Del. Laws, c…

§ 4507. Jury selection plan. (a) The Court shall adopt a jury selection plan to carry out the policy and the provisions of this chapter. The Court may adopt separate plans and varying regulations for each county and for grand, petit and special juries, and may amend a plan at any…

§ 4508. Completion of juror qualification form. (a) Prospective jurors shall be selected randomly from the source list for placement on a master list from time to time as needed. (b) The clerk shall mail a juror qualification form to persons whose names are on a master list with …

§ 4509. Disqualification from jury service. (a) The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror is disqualified for jury service. (b) A…

§ 4510. Selection and summoning of jury panels. (a) Prospective jurors shall be selected randomly from the qualified jury wheel or from the master list for assignment to grand, petit and special jury panels from time to time as needed. (b) The clerk shall cause each person select…

§ 4511. Excuse or exclusion from jury service. (a) The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror shall be excused or excluded from ju…

§ 4512. Challenging compliance with selection procedures. (a) Within 7 days after the moving party discovers, or by the exercise of diligence could have discovered, the grounds therefor, and in any event before the jury is sworn to try the case, a party may move to stay the proce…

§ 4513. Disclosure and preservation of records. (a) The names of persons summoned for jury service shall be disclosed to the public and the contents of jury qualification forms completed by them shall be made available to the parties unless the Court determines that any or all of…

§ 4514. Compensation and reimbursement. (a) Jurors shall be paid a per diem rate of $20 which shall serve as a daily allowance for reimbursement for travel, parking and other out-of-pocket expenses. An employer shall not consider the reimbursement described in this subsection as …

§ 4515. Protection of jurors’ employment. (a) An employer shall not deprive an employee of employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends Court for prospective …

§ 4516. Failure to perform jury service. A person who fails to appear and show cause as ordered by the Court for failure to comply with the clerk’s direction to appear for the purpose of completing a juror qualification form or for failure to comply with a summons to appear for j…

§ 4517. Jurisdiction. The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter.60 Del. Laws, c. 225, § 2; 66 Del. Laws, c. 5, § 1;

§§ 4518-4543. [Reserved.]

§ 4801. Definitions. In this chapter: (1) “Foreign country” means a government other than: a. The United States; b. A state, district, commonwealth, territory, or insular possession of the United States; or c. Any other government with regard to which the decision in this State a…

§ 4802. Applicability. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to a foreign-country judgment to the extent that the judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rende…

§ 4803. Standards for recognition of foreign-country judgment. (a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this State shall recognize a foreign-country judgment to which this chapter applies. (b) A court of this State may not recognize …

§ 4804. Grounds for nonrecognition [Repealed].71 Del. Laws, c. 145, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 65, § 3, eff. June 28, 2011.;

§ 4805. Personal jurisdiction. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served with process personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings other than for…

§ 4806. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded,…

§ 4807. Savings clause. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.71 Del. Laws, c. 145, § 1; 78 Del. Laws, c. 65, § 11;

§ 4808. Uniformity of interpretation. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.71 Del. Laws, c. 145, § 1; 78 Del. Laws, c. 65, § 12;

§ 4809. Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of…

§ 4810. Effect of recognition of foreign-country judgment. If the court in a proceeding under § 4809 of this title finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery…

§ 4811. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effe…

§ 4812. Effective date. (a) This chapter takes effect on June 28, 2011. (b) This chapter applies to all actions commenced on or after June 28, 2011, in which the issue of recognition of a foreign-country judgment is raised.78 Del. Laws, c. 65, § 13;

§ 5101. Defendant or prevailing party in law actions. In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final …

§ 5102. Civil actions where defendant resides in another county. Wherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizens resides at the time of the incep…

§ 5103. Writs of prohibition or mandamus. In all cases of writs of prohibition or of writs of mandamus, the costs of each case shall be taxed by the court having jurisdiction of the cause, as it deems equitable and just.21 Del. Laws, c. 306; Code 1915, § 4446; Code 1935, § 4904; …

§ 5104. Actions in name of State. If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation.Code 1852, § 2526; Code 1915, § 4447;…

§ 5105. Cases not specially provided for. Concerning costs on petitions, motions, rules and interlocutory matters not specially provided for, the court shall make such order in each case as it deems proper.Code 1852, § 2527; Code 1915, § 4448; Code 1935, § 4906; 10 Del. C. 1953, …

§ 5106. Actions in Court of Chancery. The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity.Code 1852, § 2528; Code 1915, § 4449; Code 1935, § 4907; 10 Del. C. 1953, § 5106;

§ 5107. Affirmance of judgment by Supreme Court. Upon affirmance of a judgment in the Supreme Court, the costs of the defendant in error or appellee shall be added, by way of increase, to his or her costs in the first judgment, and be a part of the judgment. The amount may be sta…

§ 5108. Proceedings out of court. In any proceeding before a judge, the Chancellor, or Vice-Chancellor, out of court, there may be allowed for the service of process or the attendance of witnesses a reasonable fee, not exceeding what is allowable for like service or attendance in…

§ 5109. Cases within jurisdiction of justice of the peace brought in Superior Court. If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such pe…

§ 5110. Appeals from justice of the peace. (a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party’s costs, as well as those before the justice as those upon the appeal, subject to the provi…

§ 5111. Certiorari to justice of the peace. If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the…

§ 5112. Bill of costs, time for entry upon docket. Within 20 days after the rendering of judgment or other determination of any cause or action in the Supreme Court, Superior Court, or Court of Chancery, the clerk, prothonotary, or register of the court shall enter upon the docke…

§ 5113. Endorsement on execution process. Upon every execution, order, or process in the nature of an execution, whereby costs are to be levied and made, the clerk, prothonotary, or register, issuing the same, shall indorse all costs up to the time of the issue, showing distinctl…

§ 5114. Neglect of duties by officers; penalties. If any clerk, prothonotary, or register refuses or neglects to perform any of the duties enjoined upon him or her respectively by §§ 5112, 5113 of this title, he or she shall be fined $30.Code 1852, § 2539; Code 1915, § 4460; Code…

§ 5115. Judicial revision. Each court shall, upon application of a party interested, and reasonable notice to the adverse party, revise any bill of costs entered upon the docket of such court; and also any return or endorsement of fees upon any order or process of the court; and …

§ 5116. Adoption proceedings. The costs in adoption proceedings shall be taxed by the court on the persons making the application.Code 1915, § 4464; Code 1935, § 4920; 10 Del. C. 1953, § 5117;

§ 5117. Parentage proceedings. The costs of proceedings in parentage cases shall be paid by the father, if the paternity is established; otherwise by the county.Code 1852, § 1489; Code 1915, § 4466; Code 1935, § 4921; 10 Del. C. 1953, § 5118; 70 Del. Laws, c. 186, § 1; 73 Del. La…

§ 5118. Dower actions. In respect to the costs in actions for dower, the court shall exercise equitable powers.Code 1852, § 1754; Code 1915, § 4468; Code 1935, § 4922; 10 Del. C. 1953, § 5119;

§ 5119. Perpetuating testimony of boundaries. Upon proceedings for perpetuating testimony of boundaries, each party shall bear the costs of the attendance and examination of witnesses produced by the party. All the other costs shall be paid by the petitioner.Code 1852, § 991; Cod…

§ 5120. Fence viewers’ services. Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned.Code 1852, § 1004; Code 1915, § 4471; Code 1935, § 4924; 10 Del. C. 19…

§ 5121. Investment of moneys paid into Superior Court. Costs incurred in the payment of money into the Superior Court or in its investment shall be payable out of the fund.16 Del. Laws, c. 526; Code 1915, § 4472; Code 1935, § 4925; 10 Del. C. 1953, § 5122;

§ 5122. Attachment for rent. Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs.11 Del. Laws, c. 621, § 56;…