Title 10, Courts and Judicial Procedure

§ 2708. Compensation [Repealed].65 Del. Laws, c. 433, § 1; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;

§ 2709. Badges [Repealed].22 Del. Laws, c. 78, §§ 1, 2; Code 1915, § 1417; Code 1935, § 1583; 10 Del. C. 1953, § 2727; 65 Del. Laws, c. 433, § 1; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;

§ 2710. Exclusion from coverage [Repealed].65 Del. Laws, c. 433, § 1; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;

§ 2801. Appointment. The Chief Magistrate of the Justice of the Peace Court system, or, if there is a vacancy in the office of Chief Magistrate, the Chief Justice of the Supreme Court, shall appoint such numbers of justice of the peace constables as shall be necessary to handle a…

§ 2802. Duties; exclusive authority. (a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title. (b) Notwithstanding any other law, no constables appointed by any …

§ 2803. Salary and term; mileage. (a) (1) Justice of the peace constables appointed pursuant to this chapter shall be subject to all the rules and regulations as delineated in Chapter 59 of Title 29 dealing with merit system administration and shall be compensated in accordance w…

§ 2804. Location. In the counties of this State there shall be at least the following number of justice of the peace constables: New Castle 16 Kent 5 Sussex 7 10 Del. C. 1953, § 2805; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1;

§ 2805. Residence requirement [Repealed].10 Del. C. 1953, § 2807; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 161, § 1; repealed by 84 Del. Laws, c. 286, § 1, effective June 30, 2024.;

§ 2806. Training. Every justice of the peace constable appointed pursuant to this chapter shall receive annual firearms training and training in the use of deadly force. Any justice of the peace constable not so trained is prohibited from carrying a firearm while on duty. In addi…

§ 2807. Prohibited activities and employments. A justice of the peace constable appointed pursuant to this chapter shall not receive any other fees or emoluments for discharging judicial duties, except as may otherwise be provided by law, or engage in any occupation concerned wit…

§ 2808. Jurisdiction. The jurisdiction of the justice of the peace constables appointed pursuant to this chapter shall extend throughout the State.10 Del. C. 1953, § 2808; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1;

§ 2901. Appointment. The chief executive officer of any county or municipal corporation, or the Housing Director, in the case of the enforcement of the State Housing Code contained in Chapter 41 of Title 31, may appoint and employ such numbers of code enforcement constables as sh…

§ 2902. Duties; limited authority. (a) The code enforcement constables appointed pursuant to this chapter may enforce only those codes and ordinances pertaining to building, housing, sanitation, zoning, or public health. (b) Notwithstanding any other law, a code enforcement const…

§ 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist. Notwithstanding any state or local law, statute, ordinance or regulation to the contrary, no warrant to search any house, building, structure, place, conveyance or thing located in …

§ 3101. Date and return of writs commencing actions. Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed by s…

§ 3102. Payment of costs by nonresidents for issuance or execution of writs. No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution…

§ 3103. Service and return of summons. (a) A writ of summons may be served on the defendant in the manner prescribed by any rule of court, or by stating the substance of it to the defendant personally, or by leaving a copy of it at the defendant’s usual place of abode, in the pre…

§ 3104. Personal jurisdiction by acts of nonresidents. (a) The term “person” in this section includes any natural person, association, partnership or corporation. (b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter…

§ 3105. Service and return of scire facias. In every case in which a writ of scire facias may by law be issued, it shall be served and returned in the same manner as is provided in case of an original summons.Code 1852, § 2241(a); Code 1915, § 4090; Code 1935, § 4581; 10 Del. C. …

§ 3106. Service of capias ad respondendum. A writ of capias ad respondendum is served by arresting the defendant, but the defendant shall be discharged upon giving sufficient bail.Code 1852, § 2242; Code 1915, § 4091; Code 1935, § 4582; 10 Del. C. 1953, § 3106; 70 Del. Laws, c. 1…

§ 3107. Arrest of nonresident on mesne process in suit by nonresident. It shall not be lawful, at the suit of any nonresident, to arrest and hold to bail on mesne process any person who is a nonresident of this State at the time of issuing such process against such person, for an…

§ 3108. Prerequisites for issuance of capias ad respondendum. (a) No writ of capias ad respondendum shall be issued against any citizen of this State, in any civil action, unless the plaintiff therein, or if there be more than 1, some 1 or more of the plaintiffs, has made a writt…

§ 3109. Amicable actions. Any persons willing to become parties to an amicable action may enter into an agreement in writing for that purpose, either personally or by their agents or attorneys. On filing such agreement with the prothonotary, the prothonotary shall docket the acti…

§ 3110. Commencement of actions by attachment. Actions may be begun by attachment as provided in Chapter 35 of this title.Code 1915, § 4097; Code 1935, § 4588; 10 Del. C. 1953, § 3110;

§ 3111. Actions against corporations; service of process. (a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of …

§ 3112. Service of process on nonresident operators of motor vehicles [Repealed]. Repealed by 76 Del. Laws, c. 329, § 3, effective Oct. 7, 2008.

§ 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident. Section 3104 of this title shall also apply to a resident who departs from the State subsequent to the accident or collision and remains absent therefrom for 3…

§ 3114. Service of process on nonresident directors, trustees, members of the governing body or officers of Delaware corporations. (a) Every nonresident of this State who after September 1, 1977, accepts election or appointment as a director, trustee or member of the governing bo…

§ 3501. Domestic attachment; when writ may be issued. A writ of domestic attachment may be issued against an inhabitant of this State upon proof satisfactory to the court that the defendant cannot be found, or that the defendant is justly indebted to the plaintiff in a sum exceed…

§ 3502. Corporations subject to attachment and garnishment. (a) All corporations doing business in this State, except as specified in subsections (b) and (c) of this section, are subject to the operations of the attachment laws of this State, as provided in the case of individual…

§ 3503. Public officers and employees subject to attachment and garnishment. (a) The attachment laws of this State shall apply to employees of the State, or of any county, district or municipality with the same force and effect as they apply to other individuals. Any officer of t…

§ 3504. Unincorporated association subject to attachment and garnishment. (a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may b…

§ 3505. Worthless checks or unpaid settlement memoranda. A writ of attachment may be issued in any action brought against any person who has issued a worthless check against an account in which there are not sufficient funds to pay such check, or where the person has issued slips…

§ 3506. Foreign attachment against individuals. A writ of foreign attachment may issue against any individual not an inhabitant of this State on any cause of action after proof satisfactory to the court that the defendant cannot be found, that the defendant resides out of the Sta…

§ 3507. Foreign attachment against foreign corporations. A writ of foreign attachment may be issued against any corporation, aggregate or sole, not created by or existing under the laws of this State upon proof satisfactory to the court that the defendant is a corporation not cre…

§ 3508. Property subject to attachment. Goods, chattels, rights, credits, moneys, effects, lands and tenements may be attached under this chapter.10 Del. C. 1953, § 3508; 52 Del. Laws, c. 341.;

§ 3509. Proceedings against garnishees. If any garnishee, duly summoned shall not appear as required, the garnishee may be compelled, by attachment, to appear and answer or plead. The plaintiff may be compelled to pay a fee to the garnishee in such amount as may be fixed from tim…

§ 3510. Capias against garnishee. If it be shown to the court that any garnishee, summoned or to be summoned thereon, is not an inhabitant of the county where the attachment is pending, or is about to leave the county, then a capias may issue against such garnishee to hold the ga…

§ 3511. Effect of sales. All sales under this chapter shall be good against the defendant or the defendant’s executors, administrators and assigns. Any transfer or assignment of the property after attachment shall be void, and after the sale of the property is made and confirmed …

§ 3512. Authority of Superior Court to make rules respecting attachments. The Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof, manner of seizure of property, sale of perishable property, appoint…

§ 3513. Superior Court Rules govern attachment by justices of the peace and other inferior courts. Except where otherwise expressly provided, the Rules of the Superior Court shall govern the procedures in all attachments issued by justices of the peace and other inferior courts. …

§ 3701. Causes of action generally. All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued. Accordingly, all ac…

§ 3702. Death of party. Upon the death of one or more of several plaintiffs or defendants in an action, wherein the cause of action survives, such action shall not abate, but may be prosecuted by or against the surviving plaintiff, or defendant.Code 1852, § 2294; Code 1915, § 415…

§ 3703. Executor’s or administrator’s death or removal. An action commenced by or against an executor or administrator shall not be abated by his or her death or removal from office, but a succeeding executor or administrator may be admitted a party plaintiff or made a party defe…

§ 3704. Personal injury actions. No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit t…

§ 3705. Appeals and writs of error. Appeals and writs of error are within the provisions of this chapter.Code 1852, § 2297; Code 1915, § 4157; Code 1935, § 4640; 10 Del. C. 1953, § 3705;