Title 10, Courts and Judicial Procedure

§ 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…

§ 931. Concurrent jurisdiction — Mental health. (a) Purpose. — The purpose of jurisdiction under this section is to extend Family Court’s jurisdiction under Chapter 50 of Title 16 over a specific category of youths. (b) Scope. — (1) This section applies only to a youth who was un…

§ 1301. Court of Common Pleas. There is a court of record known as “The Court of Common Pleas for the State of Delaware” sometimes referred to in this chapter as “the Court.”10 Del. C. 1953, § 1301; 59 Del. Laws, c. 133, § 1;

§ 1302. Judges; qualifications; residence; Chief Judge. (a) The Court shall consist of 9 Judges. (b) The Judges must be citizens of the State and must have been actively engaged in the general practice of law in the State for at least 5 years. (c) Five Judges shall be residents o…

§ 1303. Appointment of Judges; term; vacancies; political representation; salary. (a) The Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint the Judges of the Court. Appointments, including vacancies, shall be for a term of 12 …

§ 1304. Quorum. One Judge shall constitute a quorum and may open and adjourn any session of the Court.10 Del. C. 1953, § 1304; 59 Del. Laws, c. 133, § 1;

§ 1305. Places of holding Court. Court shall be held: (1) In New Castle County, at Wilmington; (2) In Kent County, at Dover; and (3) In Sussex County, at Georgetown.10 Del. C. 1953, § 1305; 59 Del. Laws, c. 133, § 1;

§ 1306. Terms of Court. The designation and the duration of the terms of the Court and the nature of the proceedings to be conducted at each such term, shall be determined by the rules adopted for the Court.10 Del. C. 1953, § 1306; 59 Del. Laws, c. 133, § 1;

§ 1307. Seals; rules of Court. The Judges of the Court, or a majority of them, shall, for and on behalf of the Court, adopt a seal, make and publish general rules regulating the practice and procedure therein and the keeping of its records, including a schedule of costs and fees …

§ 1308. Disposition of money. (a) The fees, fines and costs received by the Court shall be paid to the State Treasurer, except as otherwise provided by subsection (b) of this section. (b) All sheriff’s costs and fees collected by the Court, including those specified in §§ 8702 an…

§ 1309. Appointment of Clerks and other officers; terms [Transferred]. Transferred to § 1311 of this title.

§ 1310. Law clerks. Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Court of Common Pleas 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, § 5;

§ 1311. Appointment of Clerks and other officers; terms. (a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible to the Chief Judge for the administration of all nonjudicial activity in the Court. In add…

§ 1312. Deputy Clerk; powers and duties. The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk w…

§ 1313. Powers and duties of Clerks. (a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county, and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter. (b) The Cl…

§ 1314. Bonds of Clerks and Deputy Clerks. Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continu…

§ 1314A. Bailiffs, criers and pages; compensation; duties. (a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from t…

§ 1315. Commissioners of the Court of Common Pleas; appointment; terms of office; removal. (a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Court of Common Pleas, all of whom shall h…

§ 1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas. (a) Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Court of Co…

§ 1316A. 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 the Court of Common Pleas provided, however, that the retired Commi…

§ 1317. City Solicitor; powers and duties. (a) The City Solicitor of Wilmington or a duly authorized designee shall be ex officio the prosecuting officer in the Court of Common Pleas and the Justice of the Peace Court for all offenses committed within the City of Wilmington again…

§§ 1318-1320. Judgments and executions; appeal in civil actions; civil trial without jury or referees; civil actions; demand for jury trials; waivers; removal to Superior Court [Transferred]. Transferred to §§ 1325 to 1328 of this title.

§ 1321. Scope of jurisdiction and process. The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.10 Del. C. 1953, § 1313; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1;

§ 1322. Civil jurisdiction; amount in controversy. (a) The Court shall have jurisdiction over all civil actions at law where the matter or thing in controversy, exclusive of interest, does not exceed $75,000. (b) The Court shall have unlimited jurisdiction over counterclaims, cro…

§ 1323. Causes transferred from Superior Court. The Court shall have jurisdiction to receive, hear, try and dispose of all such arguments, cases, matters and business as, by a certificate of a Judge of the Superior Court, may be assigned to it, pursuant to the rules of the Court …

§ 1324. General powers of Court. The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, …

§ 1325. Judgments and executions. (a) All civil judgments rendered by the Court shall be entered in a judgment docket, which shall be properly indexed. The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonota…

§ 1326. Appeal in civil actions. (a) From any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision or judgment was rendered. (b) The appea…

§ 1327. Civil trial without jury or referees. All civil cases shall be tried by the Court without a jury or referees.10 Del. C. 1953, § 1319; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1;

§ 1328. Civil actions; demand for jury trials; waivers; removal to Superior Court. (a) Every person who commences a civil action in this Court shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person’s original …

§ 1329. Record. A verbatim record shall be kept of all evidence taken in the Court.10 Del. C. 1953, § 1321; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1;

§ 1330. Proceedings pending at time of effective date of this chapter; books, records and papers. (a) All suits, proceedings and matters pending, at the time this chapter becomes effective, in the Courts of Common Pleas for New Castle, Kent and Sussex Counties, as heretofore cons…

§§ 1701-1707. Municipal Court for the City of Wilmington; judges; appointments; terms; qualifications; salary; terms and adjournment of Court; seal; place for holding Court; power of judge to take acknowledgments; Court expenses [Repealed]. Repealed by 71 Del. Laws, c. 176, § 10,…

§§ 1721-1727. Appointment of clerk; bond of Clerk; appointment of Deputy Clerk; discretionary powers of Clerk and Deputy Clerk; duties of Clerk and Deputy Clerk; City Solicitor; powers and duties; Chief of Police; duties; failure to perform duties [Repealed]. Repealed by 71 Del. …

§ 1801. Short title. This chapter is known and may be cited as the “Emergency Interim Judicial Succession Act.”10 Del. C. 1953, § 1801; 53 Del. Laws, c. 149; 81 Del. Laws, c. 449, § 1;

§ 1802. Statement of policy. The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices if regular judges are unavailable. The Ge…

§ 1803. Definitions. As used in this chapter: (1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the us…

§ 1804. Special emergency judges. (a) A special emergency judge may exercise the powers and discharge the duties of an office under this chapter if both of the following apply: (1) If a judge appointed under Article IV, § 2 of the Delaware Constitution is unavailable to exercise …

§ 1805. Formalities of taking office. (a) At the time of an individual’s designation as a special emergency judge, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may s…

§ 1806. Period in which authority may be exercised. (a) An individual authorized to act as a special emergency judge may exercise the powers and discharge the duties of an office under this chapter as authorized in this chapter only after an emergency event has occurred. (b) The …

§ 1807. Removal of designees. Until an individual who is designated as a special emergency judge is authorized to exercise the powers and discharge the duties of an office under this chapter, the individual serves at the pleasure of the Governor and may be removed or replaced by …

§ 1901. State of the judiciary message. The Chief Justice of the Supreme Court shall, from time to time, give to the General Assembly information of affairs concerning the state of the judiciary, and recommend to its consideration such measures as the Chief Justice shall deem exp…

§ 1902. Removal of actions from courts lacking jurisdiction. No civil action, suit or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original proceeding or on…

§ 1902A. Removal of criminal actions from courts lacking criminal jurisdiction. (a) “Court of competent jurisdiction” shall mean the state court where criminal jurisdiction lies under either Title 4, Title 11 or any other Delaware statute vesting criminal jurisdiction. (b) “State…

§ 1903. Change of location for sickness or other cause. The Justices of the Supreme Court, the Chancellor and Vice-Chancellors and the Judges of the Superior Court, and the judge or judges of any other court, as the case may be, may, on account of the prevalence of contagious dis…

§ 1904. Removal of records and papers in case of necessity. In case of invasion of this State, or other necessity, any 2 of the judges of the State may remove the public records and papers to a place of safety, to be returned as soon as the safety thereof will admit. The officer …