Title 10, Courts and Judicial Procedure

§ 2106. Sale of property under execution process; records. (a) The sheriffs of the respective counties shall procure proper books and enter therein the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than …

§ 2107. Endorsement on documents of sheriffs’ fees. The sheriff shall endorse and return upon every writ, process or copy of an order of court, directed to or executed by the sheriff, the fees prescribed by law for all services under the same, specifying particularly every item. …

§ 2108. Entry of constable’s sales. The sheriff of each county shall, upon the receipt of an advertisement from any constable of the county, enter the time and place of such sale, the name of the defendant and constable.14 Del. Laws, c. 379; Code 1915, § 1339; Code 1935, § 1517; …

§ 2109. Reception of sum due on capias ad satisfaciendum. Upon arresting a defendant on a writ of capias ad satisfaciendum, the sheriff shall receive the sum due thereon if offered.Code 1852, § 586; Code 1915, § 1336; Code 1935, § 1514; 10 Del. C. 1953, § 2109;

§ 2110. Penalty for nonpayment of funds collected. If any sheriff neglects to pay, according to the condition of the sheriffs’ recognizance, any money collected by the sheriff, at the time when the same is payable, the sheriff shall pay to the party entitled to the same, in addit…

§ 2111. Payment of funds into court. Where several persons claim money collected by a sheriff, or where the person entitled to receive it resides out of the sheriff’s bailiwick, and has no lawful attorney within the same, the sheriff may bring the money into the court from which …

§ 2112. Mileage fees. The sheriff of each county at the end of each month shall present to the receiver of taxes and county treasurer or the Department of Finance an itemized and verifiable account of all mileage travelled in the performance of every official duty when travelled …

§ 2113. Administering oaths by deputies. Deputies may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded…

§ 2114. Fish and Wildlife Agent [Repealed].26 Del. Laws, c. 162, § 7; Code 1915, § 1345; Code 1935, § 1518; 10 Del. C. 1953, § 2114; 70 Del. Laws, c. 221, §§ 1, 2; repealed by 78 Del. Laws, c. 266, § 17, eff. June 19, 2012.;

§ 2301. Compensation. The salaries of the prothonotaries in each county shall be established in accordance with Chapter 33 of Title 29.23 Del. Laws, c. 60, § 7; Code 1915, § 1438; 40 Del. Laws, c. 139, § 1; Code 1935, § 1597; 44 Del. Laws, c. 98, § 1; 45 Del. Laws, c. 138, § 1; 4…

§ 2302. Deputies and clerks. (a) In each county the Judges of the Superior Court resident in the county shall name a chief deputy prothonotary who shall perform such duties as shall from time to time be assigned by such Judges. The compensation of each such chief deputy shall be …

§ 2303. Entry of judgments. (a) Whenever a judgment is entered or signed in the Superior Court (except judgments on verdict when entered before the end of the term next after that in which the verdict is given), the prothonotary shall set down on the docket the day, month, and ye…

§ 2304. Judgment indices. (a) The prothonotary shall keep to every docket of the prothonotary’s office in which judgments are entered or signed, except the appearance docket, 2 indices of such judgments, the one of the plaintiffs’ names in alphabetical order of the surnames, in c…

§ 2305. Penalties for neglect of duty. Whoever, being a prothonotary, neglects any duty enjoined by § 2303 or 2304 of this title, shall be fined in such amount or imprisoned for such term, as the court, in its discretion, may determine. The prothonotary shall further be answerabl…

§ 2306. Entry of judgment by confession. (a) A judgment by confession may be entered by the prothonotary, either for money due or to become due, or to secure the obligee against a money contingent liability, or both, on the application by the obligee or assignee of a bond, note o…

§ 2307. Attachment index in New Castle County. The Prothonotary for New Castle County shall keep an indirect index in a docket for that purpose of all writs of foreign and domestic attachment which are issued from the court, and index the same at the time they are so issued. The …

§ 2308. Mechanics’ Lien Docket. The prothonotary shall keep a Mechanics’ Lien Docket and make all entries therein as provided by § 2724 of Title 25.16 Del. Laws, c. 145, § 3; Code 1915, § 3770; Code 1935, § 4292; 10 Del. C. 1953, § 2308;

§ 2309. Partnership and Association Docket. The prothonotary shall keep a Partnership and Association Docket, make all entries therein and perform all the duties relative to partnership and association certificates, as provided by § 3103 of Title 6.25 Del. Laws, c. 146, § 3; Code…

§ 2310. Certification of scire facias on mortgage [Repealed]. Repealed by 72 Del. Laws, c. 26, § 2, effective May 12, 1999.

§ 2311. Certification of sheriff’s return on levari facias; fees [Repealed]. Repealed by 72 Del. Laws, c. 26, § 3, effective May 12, 1999.

§ 2312. Certification of fines; penalty. (a) The prothonotary, within 30 days after the end of every term of the Superior Court in the prothonotary’s county, shall transmit to the Auditor of Accounts an abstract, certified under his or her hand and seal of office, of every case i…

§ 2313. Furnishing copies of sentences in criminal cases. The prothonotary shall deliver a copy of every sentence in a criminal case to the board, warden or other authority having the control and administration of the prison to which the prisoner is sentenced.Code 1852, § 141; 21…

§ 2314. Advance costs. The prothonotary shall require the advance payment of costs as provided in §§ 3102 and 8705 of this title.Code 1915, § 3774; Code 1935, § 4296; 10 Del. C. 1953, § 2314;

§ 2315. Affidavits. The prothonotary may take all affidavits to be used in the Superior Court.Code 1915, § 3775; Code 1935, § 4297; 10 Del. C. 1953, § 2315; 11 Del. Laws, c. 225, § 5;

§ 2316. Purchase or contract for witness fees; penalty. The prothonotary shall not, directly or indirectly, purchase or contract for the fees of any witness attending the Superior Court. Any fees, so purchased, shall be forfeited. Any prothonotary who purchases such fees shall be…

§ 2317. Juries [Repealed]. Repealed by 60 Del. Laws, c. 225, § 1.

§ 2318. Entry of letter “S” in judgment index upon satisfaction. When satisfaction of a judgment is made by entry, or otherwise, the prothonotary shall write the letter “S” in the index opposite the names of the parties in such judgment.13 Del. Laws, c. 132, § 3; Code 1915, § 377…

§ 2319. Notation of satisfaction of judgments. (a) When any judgment in the Superior Court appears, by the return of any execution thereon, to be wholly or partially satisfied, the prothonotary shall note that fact on the record of the judgment, as required by §§ 4755 and 4756 of…

§ 2320. Dower record. In suits for dower, the prothonotary shall record all the proceedings in books kept for that purpose exclusively.Code 1852, § 679; Code 1915, § 3781; Code 1935, § 4303; 10 Del. C. 1953, § 2320;

§ 2321. Notification of issuing writs of certiorari in motor vehicle cases. The prothonotary shall, upon issuing a writ of certiorari in any case involving a violation of the motor vehicle laws of this State, at once notify by mail the Motor Vehicle Commissioner of this State of …

§ 2322. Appointment of fence viewers. The prothonotary shall issue a warrant, under his or her hand and official seal, to each of the fence viewers of the prothonotary’s county, and notify the public of their appointment by as many advertisements, signed by the prothonotary and p…

§ 2323. Seal. The Prothonotary of New Castle County may from time to time replace the seal or seals of his or her office. When such replacement is made the old seal or seals shall be destroyed in the Prothonotary’s presence.10 Del. C. 1953, § 2323; 51 Del. Laws, c. 345; 70 Del. L…

§ 2324. Deposits; distribution of interest. (a) The prothonotary shall deposit any sums of money held by the Prothonotary for costs or fees in accordance with policies and guidelines established by the State Treasurer. (b) The prothonotaries in each county shall distribute intere…

§ 2501. Definitions. As used in this chapter, the term “Register in Chancery Office” means the Register in Chancery of the Court of Chancery of the State, which shall be the Clerk’s Office of that Court. When the term “Chief Register in Chancery” or “Register in Chancery” are use…

§ 2502. Location of offices, necessary supplies and equipment. The State shall provide and assign office space and the necessary equipment and supplies for the Register in Chancery Office in each county of the State and whenever occasion requires, may change such space and assign…

§ 2503. Records. The Register in Chancery Office shall keep all records, books, papers and other things as the Court of Chancery requires.73 Del. Laws, c. 91, § 7;

§ 2504. Register in Chancery Office; days open. The Register in Chancery Office shall be open in each county each day except legal holidays, Saturdays and Sundays.73 Del. Laws, c. 91, § 7;

§ 2505. Disposition of fees. All the fees, costs, allowances and other perquisites which are taxable and paid to the Register in Chancery Office for any official service rendered shall be for the sole use of the State, and when received shall be paid to the State Treasurer.73 Del…

§ 2506. Duty to account for fees. The Chief Register in Chancery shall collect all fees, costs and allowances by law taxable by or payable to the Register in Chancery Office, without any deduction, abatement or remission, except fees, costs and allowances payable by the State to …

§ 2507. Audit of fees. The books, accounts, papers, records and dockets of the Register in Chancery Office shall be subject to audit, inspection and examination by the State Auditor in accordance with state law.73 Del. Laws, c. 91, § 7;

§ 2508. Penalties for failure to collect and pay over fees. If any employee of the Register of Chancery Office neglects or refuses to pay over all fees, costs, allowances and perquisites that employee receives and collects for use of the State, or fails to collect the fees requir…

§ 2509. Chief Register in Chancery; duties and power. (a) The Chief Register in Chancery is an employee of the Register in Chancery Office who shall be selected by the Court of Chancery to hold office at the pleasure of the Court. Subject to the supervision of the Court, the Chie…

§ 2510. Compensation. The compensation for the Chief Register in Chancery, the Registers in Chancery, and other employees of the Register in Chancery Office shall be as provided for in the annual Appropriations Act.23 Del. Laws, c. 60, § 7; Code 1915, § 1438; 40 Del. Laws, c. 139…

§ 2701. Appointment [Repealed].Code 1852, §§ 618-621; 11 Del. Laws, c. 194; 11 Del. Laws, c. 215; 11 Del. Laws, c. 365; 11 Del. Laws, c. 405; 11 Del. Laws, c. 591; 12 Del. Laws, c. 29; 12 Del. Laws, c. 42; 13 Del. Laws, c. 404; 14 Del. Laws, c. 26, § 1; 15 Del. Laws, c. 25; 16 De…

§ 2702. Board of Examiners [Repealed].65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, § 2; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;

§ 2703. Qualification and training [Repealed].65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, §§ 3, 4; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 372, § 1; 77 Del. Laws, c. 139, § 1; 78 Del. Laws, c. 266, § 23; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;