Title 10 — Courts and Judicial Procedure

§ 5723. Arbitration of contracts of State and municipalities. It shall be lawful to include in any contract hereinafter executed by or on behalf of the State, or any department or agency thereof or by or on behalf of any county, municipal corporation, or other division of the Sta…

§ 5724. Application of chapter to state and municipal contracts. This chapter applies to any written contract to which the State or any agency or subdivision thereof, or any municipal corporation or political division of the State shall be a party, except as provided in § 5725 of…

§ 5725. Exclusion of collective bargaining labor contracts with public and private employers. Notwithstanding anything contained in this chapter by word or inference to the contrary, this chapter shall not apply to labor contracts with either public or private employers where suc…

§ 5801. Definitions. For purposes of this chapter only, unless the context requires otherwise: (1) “Agreement” means an agreement described in § 5803(a) of this title. (2) “Arbitration” means an arbitration provided for under this chapter. (3) “Arbitrator” means a person named in…

§ 5802. Purpose of the chapter. The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitr…

§ 5803. Effect of arbitration agreement. (a) A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable, and irrevocable, save upon such grounds as exist at law or in equity for the revocatio…

§ 5804. Jurisdiction. (a) Jurisdiction of the Supreme Court. — Except as otherwise provided in an agreement, the making of the agreement confers jurisdiction on the Supreme Court of the State to hear only a challenge to a final award under § 5809 of this title. The Supreme Court …

§ 5805. Appointment of arbitrator by the Court of Chancery. (a) The Court of Chancery of the State, on petition or on application of a party in an existing case, has exclusive jurisdiction to appoint 1 or more arbitrators upon: (1) The consent of all parties to an agreement; (2) …

§ 5806. Arbitrator; fees and expenses of arbitration. (a) A person accepting an appointment as an arbitrator is deemed to have: (1) Consented to the terms of this chapter; and (2) Accepted the consequences set forth in subsection (b) of this section for failing to comply with the…

§ 5807. Hearing; witnesses; prehearing evidence gathering; rulings before final award. (a) Unless otherwise provided in an agreement, an arbitrator shall appoint a time and place for a hearing or an adjourned hearing, either of which may be held within or without the State and wi…

§ 5808. Awards. (a) A final award must be in writing and signed by an arbitrator, must be provided to each party to an arbitration, and must include a form of judgment for entry under § 5810 of this title. Unless otherwise provided in an agreement, an arbitrator may make any awar…

§ 5809. Challenges; court powers to vacate, modify, or correct a final award. (a) A challenge to a final award may be taken to the Supreme Court of the State in the manner as appeals are taken from orders or judgments in a civil action. (b) A challenge to a final award must be ta…

§ 5810. Confirmation of a final award; judgment on final award. (a) Unless a challenge is taken under § 5809 of this title or unless an agreement provides for appellate review by 1 or more arbitrators, a final award, without further action by the Court of Chancery of the State, i…

§ 5811. Application of chapter. It is the policy of this chapter to give maximum effect to the principle of freedom of contract and to the enforceability of agreements.80 Del. Laws, c. 6, § 1;

§ 5812. Short title. This chapter may be cited as the “Delaware Rapid Arbitration Act.”80 Del. Laws, c. 6, § 1;

§ 5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5] (a) Except as provided in subsection (b) of this section, any person who desires to change such person’s name, shall present a petition, duly verified, to the Court of Common Plea…

§ 5902. Requirements for minor’s petition. If the name sought to be changed under this chapter is that of a minor, the petition shall be signed by at least 1 of the minor’s parents, if there is a parent living, or if both parents are dead, by the legal guardian of such minor. Whe…

§ 5903. Publication of petition prior to filing. [For application of this section, see 82 Del. Laws, c. 84, § 5] [Repealed].27 Del. Laws, c. 264, § 3; Code 1915, § 4659; Code 1935, § 5117; 10 Del. C. 1953, § 5903; 75 Del. Laws, c. 209, § 1; 82 Del. Laws, c. 84, § 2; repealed by 8…

§ 5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.]. (a) Upon presentation of a petition for change of name under this chapter, and it appearing that the requirements of this chapter have been fully complied with, and there appearing n…

§ 5905. Costs. The costs of any proceeding under this chapter shall be paid by the petitioner.27 Del. Laws, c. 264, § 5; Code 1915, § 4661; Code 1935, § 5119; 10 Del. C. 1953, § 5905;

§ 6001. Short title. This chapter may be cited as the “Uniform Public Expression Protection Act.”85 Del. Laws, c. 217, § 1;

§ 6002. Scope. (a) In this section: (1) “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. (2) “Governmental unit” means a public corporat…

§ 6003. Special motion for expedited relief. Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause…

§ 6004. Stay. (a) Except as otherwise provided in subsections (d) through (g) of this section, on the filing of a motion under § 6003 of this title: (1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are s…

§ 6005. Hearing. (a) The court shall hear a motion under § 6003 of this title not later than 60 days after filing of the motion, unless the court orders a later hearing: (1) To allow discovery under § 6004(d) of this title; or (2) For other good cause. (b) If the court orders a l…

§ 6006. Proof. In ruling on a motion under § 6003 of this title, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.85 Del. Laws, c. 217, § 1;

§ 6007. . Dismissal of cause of action in whole or part. (a) In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 6002(b) or (d) of this title that th…

§ 6008. Ruling. The court shall rule on a motion under § 6003 of this title not later than 60 days after a hearing under § 6005 of this title.85 Del. Laws, c. 217, § 1;

§ 6009. Appeal. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 6003 of this title. The appeal must be filed not later than 10 days after entry of the order.85 Del. Laws, c. 217, § 1;

§ 6010. Costs, attorneys’ fees, and expenses. (a) On a motion under § 6003 of this title, the court shall award court costs, reasonable attorneys’ fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the motion; o…

§ 6011. Construction. This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or Delaware Constitu…

§ 6012. 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.85 Del. Laws, c. 217, § 1;

§ 6013. Transitional provision. This chapter applies to a civil action filed or cause of action asserted in a civil action on or after September 15, 2025.85 Del. Laws, c. 217, § 1;

§ 6014. Savings clause. This chapter does not affect a cause of action asserted before September 15, 2025, in a civil action or a motion under §§ 8136 through 8138 of this title regarding the cause of action.85 Del. Laws, c. 217, § 1;

§ 6101. Application of chapter. This chapter shall govern the procedure for all condemnations of real and personal property within this State under the power of eminent domain exercised by any authority whatsoever, governmental or otherwise.48 Del. Laws, c. 271, § 1; 10 Del. C. 1…

§ 6102. Jurisdiction of Superior Court; filing of complaint. All condemnation proceedings within the State shall be commenced by filing a complaint as provided in this chapter in the Superior Court in and for the county where the property is located, or if part of such property i…

§ 6103. Applicability of Superior Court Rules. The Rules of the Superior Court shall govern, insofar as applicable, all condemnation proceedings of real and personal property under the power of eminent domain, except as otherwise provided in this chapter.48 Del. Laws, c. 271, § 3…

§ 6104. Joinder of properties. The plaintiff may join in the same action, under this chapter, 1 or more separate pieces of property, whether in the same or different ownership and whether or not sought for the same use.48 Del. Laws, c. 271, § 4; 10 Del. C. 1953, § 6104;

§ 6105. Complaint; parties. (a) A complaint under this chapter shall contain a caption as provided in Rule 10(a) of the Rules of the Superior Court, except that the plaintiff shall name as defendants the property, designated generally by kind, quantity, and location, and at least…

§ 6106. Process; notice of publication. (a) Upon the filing of a complaint under this chapter, the prothonotary shall issue summons, in appropriate form, directed to all of the defendants designated or named in the complaint, which summons shall be personally served in like manne…

§ 6107. Objections or defenses to taking. Any objection or defense to the taking of the property, or any interest therein, by any defendant, shall be made by answer. Any such answer setting forth any such objection or defense shall identify the property in which the answering def…

§ 6108. Trial; choice of commissioners; viewing property. (a) After the time has expired for answering a complaint under this chapter, and all preliminary questions of law disposed of, the cause shall be placed upon the regular trial calendar of the Superior Court for trial. (b) …

§ 6109. Dismissal of action. (a) In a condemnation proceeding under this chapter, if no hearing has begun to determine the compensation to be paid for a piece of property and the plaintiff has not acquired the title or a lesser interest in or taken possession thereof, the plainti…

§ 6110. Entry into possession; requirements. (a) At any time after the filing of any condemnation proceeding under this chapter, the plaintiff, upon the filing of a notice of intention to take possession of the property sought to be condemned, or any part thereof, on a day therei…

§ 6111. Costs. The costs of any condemnation proceeding provided for in this chapter, including a reasonable fee for the commissioners but in no case to exceed $20 per day for each commissioner, and including the cost of giving notice by publication and by registered mail as prov…

§ 6112. Review. There shall be a right of review in every condemnation cause from the final confirmed award of the Superior Court to the Supreme Court as in the manner provided for review of any other final civil judgment of the Superior Court. Any such review must be instituted …

§ 6113. Time for payment of award; interest. In the event no review of a condemnation cause is taken, the plaintiff or plaintiffs may pay or tender the amount of the award within 2 months after the entry of the confirmed award of the Superior Court, and in the event a review to t…

§ 6114. Deposit of award. In any condemnation case in which any final award is made to any party in interest who is unknown, is a minor, or is mentally incompetent, or is under any other legal disability, cannot be found, or resides outside of this State, or refuses to accept suc…

§ 6115. Recording of certified abstract of condemnation proceedings; failure to record. (a) Whenever lands or any interest therein are condemned by any person, corporation or political subdivision under any statute of this State, and the amount of damages ascertained shall have b…

§ 6201. Jurisdiction of Superior Court. (a) The Superior Court shall have exclusive jurisdiction to vacate any dedication of open space or parkland accepted by any county or municipality whether or not title has been accepted. The Court shall, in its final order, decide all quest…