Title 10 — Courts and Judicial Procedure

§ 6202. Application of chapter. (a) This chapter establishes and shall exclusively govern procedures by which a dedication accepted by a county or municipality may be vacated. This chapter shall not apply, however, to the vacation of streets, roads or highways dedicated for the u…

§ 6203. Petition for vacation; notice requirements. (a) In any action commenced in Superior Court, the person who holds legal title to the dedicated open space or parkland, the owner of the property abutting said dedicated property or the county or municipality in which said dedi…

§ 6204. “Vacation” defined. “Vacation” shall mean the abandonment of the dedication covenant to any county or municipality in any dedicated property accepted by a county or municipality when said county or municipality, legal title holder or abutting landowner has clearly shown a…

§ 6205. Vacation hearing. (a) In all proceedings in Superior Court, after all interested parties have received notice in accordance with this chapter, a hearing shall be held in Superior Court, at which time each party before the Court, including the county or municipality in whi…

§ 6206. Open space jurors; appointment and direction as to return. (a) If the Superior Court orders that the dedication shall be vacated, it shall then appoint 5 judicious and impartial open space jurors of the county or municipality to view said property and make return on a dat…

§ 6207. Damages; hearing. (a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, a…

§ 6208. Property equivalence. (a) Any other provision of this chapter notwithstanding, the Chancery Court shall not order that a dedication be vacated unless the legal title holder to the dedicated property, or some other party to the proceeding provides by restrictive covenant, …

§ 6209. Appeal. Any interested party before the Superior Court may appeal the Court’s decision to the Supreme Court, within 30 days of the final order thereon, regarding the question of whether the dedicated property shall be vacated or the question of the amount of damages and t…

§ 6210. Compensation and expenses of jurors and employees. (a) The jurors shall be allowed $25 a day for their services and shall be entitled to mileage at the rate of 15 cents a mile going and returning. (b) The Court shall fix the compensation of all persons properly employed a…

§ 6211. Costs of proceedings. The costs of proceedings for vacating the dedication of property shall be paid by the petitioners, unless such petition is granted in which case such costs shall be paid by the party or persons authorized by the return to enclose it, and in the pro r…

§ 6301. Definition. For the purposes of this chapter, “joint tortfeasors” means 2 or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.47 Del. Laws, c. 151, § 1; 10 De…

§ 6302. Right of contribution; accrual; pro rata share. (a) The right of contribution exists among joint tortfeasors. (b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than h…

§ 6303. Judgment against 1 tortfeasor. The recovery of a judgment by the injured person against 1 joint tortfeasor does not discharge the other joint tortfeasors.47 Del. Laws, c. 151, § 3; 10 Del. C. 1953, § 6303;

§ 6304. Release of 1 joint tortfeasor. (a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the con…

§ 6305. Indemnity. This chapter does not impair any right of indemnity under existing law.47 Del. Laws, c. 151, § 6; 10 Del. C. 1953, § 6305;

§ 6306. Third-party practice. (a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section. (b) A pleader may either: (1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-c…

§ 6307. Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.47 Del. Laws, c. 151, § 9; 10 Del. C. 1953, § 6307;

§ 6308. Short title. This chapter may be cited as the “Uniform Contribution Among Tortfeasors Law.”47 Del. Laws, c. 151, § 10; 10 Del. C. 1953, § 6308;

§ 6501. Power of courts; form and effect of declaration. Except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or…

§ 6502. Power to construe. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any questio…

§ 6503. Construction of contract before or after breach. A contract may be construed either before or after there has been a breach thereof.63 Del. Laws, c. 63, § 1;

§ 6504. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent. Any person interested as or through an executor, administrator, trustee, guardian, fiduciary, adviser, or protector under § 3313(a) of Title 12, designated representati…

§ 6505. Enumeration not exclusive. The enumeration in §§ 6502, 6503 and 6504 of this title does not limit nor restrict the exercise of the general powers conferred in § 6501 of this title, in any proceeding where declaratory relief is sought in which a judgment or decree will ter…

§ 6506. Discretionary relief. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, will not terminate the uncertainty or controversy giving rise to the proceeding.63 Del. Laws, c. 63, § 1;

§ 6507. Review. All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.Code 1935, § 4685A; 46 Del. Laws, c. 269, § 1; 10 Del. C. 1953, § 6501; 63 Del. Laws, c. 63, § 1;

§ 6508. Supplementary relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court…

§ 6509. Determination of issues of fact. When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proc…

§ 6510. Costs. In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.63 Del. Laws, c. 63, § 1;

§ 6511. Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involve…

§ 6512. Purpose and construction of chapter. This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.63 Del. …

§ 6513. “Person” construed. The word “person”, wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.63 Del. Laws, c. 63, § 1;

§ 6601. Conditions to transfers of structured settlement payment rights. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly t…

§ 6602. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: (1) “Annuity issuer” shall mean an insurer that has issued an insurance contract used …

§ 6603. Jurisdiction; procedure for approval of transfers. (a) The Superior Court shall have nonexclusive jurisdiction over any application for authorization, under § 6601 of this title, of a transfer of structured settlement payment rights, except that if the structured settleme…

§ 6604. No waiver; no penalties. (a) The provisions of this chapter shall not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall inure any penalty, forfeit any application fee or other payment, or otherwise incur any liability to…

§ 6701. Procedure. (a) The legal title to lands or to any tenements whereon entry can be made may be tried in a civil action, based upon a cause of action in ejectment. The action shall be begun by filing in the office of the prothonotary of the county in which the lands or tenem…

§ 6901. Jurisdiction to grant writs. The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by …

§ 6902. Persons entitled to writs; exceptions. Every person imprisoned or restrained of liberty by any officer or person, for any cause or under any color or pretense, shall have remedy by the writ of habeas corpus, and may obtain relief, except: (1) Persons committed or detained…

§ 6903. Person committed for contempt; notice of hearing. (a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any alderperson of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child su…

§ 6904. Custody of minor child. A writ of habeas corpus may be procured by 1 spouse living apart from the other, without being divorced, to determine the proper custody or charge of a minor child of the marriage, and orders may be made thereon, as provided by § 705 of Title 13 [r…

§ 6905. Application. Application for a writ of habeas corpus may be made by the party complaining, or anyone for such party, setting forth upon oath, where and by whom, and for what cause, to the best of his or her knowledge, such party is imprisoned or restrained of liberty, and…

§ 6906. Award and service of writ. (a) The court or judge, to whom an application under this chapter is made, shall, without delay, under penalty of $1,000 to the party aggrieved, award and issue a writ of habeas corpus under seal of the court, directed to the officer or person i…

§ 6907. Method of service; return. (a) When the writ of habeas corpus is served on the person to whom it is directed, either personally or by being left with any deputy or agent of the person at the place where the prisoner is detained, such person shall, without delay and within…

§ 6908. Examination by court. The court or judge shall, upon the return of a writ of habeas corpus, without delay, proceed to examine the causes of imprisonment or restraint, giving notice to any party interested, and to the Attorney General or the Attorney General’s deputy in ca…

§ 6909. Discharge generally; defects in commitment. (a) If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or oth…

§ 6910. Bail or discharge for delay of trial [Repealed]. Repealed by 67 Del. Laws, c. 217, § 1, effective May 21, 1990.

§ 6911. Discharge on bail. If the party is detained for any cause or offense for which the party is bailable, the party shall be discharged on becoming bound by recognizance, in a proper sum and with sufficient surety, for appearance at the court having cognizance of the matter. …

§ 6912. Reduction of excessive bail. If the party is committed on mesne process in a civil action for want of bail, and it appears that the sum required is excessive, the court or judge shall decide what bail is reasonable, and shall order that, on giving such bail, the party sha…

§ 6913. Remand. If the party is lawfully imprisoned or restrained and is not entitled to be discharged on giving bail, the party shall be remanded or otherwise properly committed.Code 1852, § 2553; Code 1915, § 4485; Code 1935, § 4937; 10 Del. C. 1953, § 6913; 70 Del. Laws, c. 18…

§ 6914. Delivering copy of warrant or process; penalty. Any officer or such officer’s deputy, neglecting for 6 hours after demand, to deliver a true copy of any warrant or process by which the officer detains a prisoner to any person who demands such copy and tenders a reasonable…