Title 10 — Courts and Judicial Procedure

§ 7203. Commencement of action; procedure. (a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition in the Superior Court in the county where the petitioner resides, the respondent resides, or the alleged non-consensual sexual co…

§ 7204. Emergency proceedings. (a) A petitioner may request an ex parte temporary sexual violence protective order by filing an affidavit or verified petition which alleges all of the following: (1) The occurrence, including the date, of non-consensual sexual conduct or non-conse…

§ 7205. Nonemergency proceedings. (a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition that alleges: (1) The occurrence, including the date, of non-consensual sexual conduct or non-consensual sexual penetration perpetrated by…

§ 7206. Termination and renewal. (a) A respondent subject to a sexual violence protective order issued under § 7205 of this chapter, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to…

§ 7207. Return and disposal of a firearm, projectile weapon, or ammunition. If an order issued under this chapter is vacated under § 7205 of this title, terminated under § 7206 of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent…

§ 7208. Limitation on liability. (a) Nothing in this chapter precludes a law-enforcement officer from removing a firearm, projectile weapon, or ammunition under other authority or the filing of criminal charges when probable cause exists. (b) A law-enforcement agency is immune fr…

§ 7209. Sanctions. (a) Any person who violates a sexual violence protective order may be guilty of criminal contempt under § 1271A of Title 11. (b) Any person who “swears falsely,” as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7203, § 7204, or § 7…

§ 7501. Benefit of State and injured person. Every recognizance and bond, acknowledged or executed, pursuant to any law, or by the direction of the Governor, or of any court, by an executor, administrator, sheriff, or other officer, or person, to the State, with condition for the…

§ 7502. Right of action by injured person; title of action. Every person injured by the breach of the condition of any public recognizance or bond may, in the name of the State, but for such person’s own use, institute an action upon such recognizance or bond, and prosecute the s…

§ 7503. Judgment for less than penalty; security for further damages. A recognizance, bond, or penal sum, shall not be extinguished by a judgment in an action thereon, if for a sum as debt less than the penalty, but shall remain as a security for any damages sustained, or to be s…

§ 7504. Limitation of liability. Nothing contained in this chapter shall make a recognizor, obligor, or other party liable for damages beyond the penalty of his or her recognizance, bond, or specialty; or in any manner extend, abridge, or alter the legal operation of any recogniz…

§ 7505. Inadequate penalty; priority of claims. If the penalty of a recognizance or bond, acknowledged or executed as mentioned in § 7501 of this title, is not adequate to cover all the damages sustained on occasion of the breaches of the condition thereof, and such damages are s…

§ 7506. Installment payments, recovery of. Sections 7501-7505 of this title shall extend to an action upon a bond or specialty in a penal sum with condition for the payment of money or interest of money by installments or on different days, unless such action is commenced after a…

§ 7507. Proceedings to compel entry of satisfaction. (a) In all cases where recognizances are liens on real estate in this State, and the same have been paid, and the recognizees, or their executors, administrators or assigns, refuse or neglect to enter satisfaction of such recog…

§ 7508. Applicability of §§ 7501-7507 to judgments on warrant of attorney. None of the provisions of §§ 7501-7507 of this title shall extend to a warrant of attorney to confess judgment, nor to any action or judgment entered or confessed in pursuance of such warrant of attorney.C…

§ 7509. Lien on lands of public officer as obligor. Every recognizance or obligation acknowledged for a penal sum, with condition for the performance, by an officer, of the duties of the officer’s office, or of any public trust, shall, from the caption of such recognizance, or fr…

§ 7510. Entry of satisfaction. Every person to whom a sum is due by a recognizance taken in the Court of Chancery, receiving satisfaction of the same, shall, within 60 days thereafter, cause such satisfaction to be entered upon the record of such recognizance. Such satisfaction s…

§ 7511. Default in satisfaction; amount of damages. Every person committing a default under § 7510 of this title shall be liable to the recognizor in such recognizance, or the executors or administrators of such recognizor, in damages to be recovered by a civil action. The damage…

§ 7512. Copy as evidence; production of original. (a) If any recognizance or bond, mentioned in § 7501 of this title, shall according to law be recorded or deposited in any public office, a copy of such recognizance or bond, or of the record thereof, duly certified, shall be comp…

§ 7513. Written obligation without penalty. An obligation in writing, executed under the hand and seal of the obligor, by which the obligor binds himself or herself to pay a certain sum of money at a designated time, with interest, costs and counsel fees, as provided by law, shal…

§ 7514. Location of realty of persons signing bonds or recognizances. Where the signature of an owner of realty is required upon any bond or recognizance in any court of this State or before any justice of the peace of this State, it shall not be required that the owner own realt…

§ 7601. Civil Sexual Abuse Liability Report — Purpose. The purpose of this chapter is to ensure that the public is informed about persons found liable of sexual abuse in this State.76 Del. Laws, c. 414, § 1;

§ 7602. Civil Sexual Abuse Report. Civil Sexual Abuse Liability Report (“the Report”) shall mean a report that each court shall post in a public place in the court house and on the court’s web site. The Report shall list all persons found liable for sexual abuse in that court. Th…

§ 7603. Petition and eligibility. If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or that plaintiff’s or victim’s representative may petition the court to place the …

§ 7604. Relief. A defendant may petition the court for relief, to be removed from the Report, after 5 years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.76 Del. Laws, c. 414, § 1;

§ 7701. Definitions. As used in this section: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Lethal violence protective order” means an order issued by the Justice of the Peace Court or Superior Court…

§ 7702. Commencement of action; procedure. (a) A law-enforcement officer may request relief under § 7703 of this title by filing an affidavit or verified petition. (b) Any petitioner may request relief under § 7704 of this title by filing an affidavit or verified petition. (c) A …

§ 7703. Emergency hearings. (a) A law-enforcement officer may request an emergency lethal violence protective order by filing an affidavit or verified petition in Justice of the Peace Court that does both of the following: (1) Alleges that respondent poses an immediate and presen…

§ 7704. Nonemergency hearings. (a) A petitioner may request a lethal violence protective order by filing an affidavit or verified petition in the Superior Court that does both of the following: (1) Alleges that the respondent poses a danger of causing physical injury to self or o…

§ 7705. Termination and renewal. (a) A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request per year during the effective period of the order for a hearing to term…

§ 7706. Return and disposal of a firearm, projectile weapon, or ammunition. If an order issued under this chapter is vacated under § 7704 (e) of this title, terminated under § 7705(a) of this title, or expired and is not renewed, the law-enforcement agency shall return to the res…

§ 7707. Limitation on liability. (a) Nothing in this chapter precludes a petitioner or law-enforcement officer from removing a firearm, projectile weapon, or ammunition under other authority or filing criminal charges when probable cause exists. (b) A law-enforcement officer, who…

§ 7708. Sanctions. (a) Any person who violates a lethal violence protective order may be guilty of criminal contempt under § 1271A of Title 11. (b) Any person who swears falsely, as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7702, § 7703, or § 770…

§ 7709. Rules and regulations. The Supreme Court, Superior Court, Justice of the Peace Court, State Police, State Bureau of Identification, and Delaware Criminal Justice Information System Board of Managers may promulgate rules and regulations to carry out the purposes of this ch…

§ 7801. Short title. This chapter may be cited as the “Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” or “DUCRUDIIA”.82 Del. Laws, c. 286, § 1;

§ 7802. Definitions. For purposes of this chapter: (1) “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) “Deep fake” means synthetic media where 1 or both of the following applies: a. The synthetic …

§ 7803. Civil action. (a) In this section: (1) “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) “Private” means 1 or more of the following: a. Created or obtained under circumstances in which a depic…

§ 7804. Exceptions to liability. (a) In this section: (1) “Child” means an unemancipated individual who is less than 18 years of age. (2) “Parent” means an individual recognized as a parent under law of this State other than this chapter. (b) A person is not liable under this cha…

§ 7805. Plaintiff’s privacy. In an action under this chapter: (1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. (2) A plaintiff to whom paragraph (1) of this section applies shall file with…

§ 7806. Remedies. (a) In an action under this chapter, a prevailing plaintiff may recover all of the following: (1) The greater of either of the following: a. Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including dam…

§ 7807. Statute of limitations. (a) An action under § 7803(b) of this title for: (1) An unauthorized disclosure may not be brought later than 4 years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence. (2) A threat…

§ 7808. Construction. (a) (1) This chapter must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. § 230. (2) Nothing in this chapter may be construed to impose liability on an interactive computer service, as defined in the Communications Decenc…

§ 7809. 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.82 Del. Laws, c. 286, § 1;

§ 7901. Right of entry. No person shall make an entry into any lands, tenements, or hereditaments, but within 20 years next after the person’s right or title to the same first descended or accrued.Code 1852, § 2733; Code 1915, § 4662; Code 1935, § 5120; 10 Del. C. 1953, § 7901; 7…

§ 7902. Seisin or possession. No person shall have, or maintain any writ of right, or action, real, personal, or mixed, for, or make any prescription, or claim, to, or in, any lands, tenements, or hereditaments, of the seisin, or possession of the person, the person’s ancestor, o…

§ 7903. Extension of rights of infants and other persons under disability. If at any time when a right of entry upon, or action for any lands or tenements first accrues, the person entitled to such entry, or action, is an infant, or mentally ill, or imprisoned, such person, or an…

§ 7904. Successors in title to persons under disability. If the person entitled to an entry or action dies under any of the disabilities specified in this chapter, any other person claiming from, by, or under such person, shall have the same benefit which the person first entitle…

§ 8101. Sheriff’s recognizance or administration bond. No action shall be brought upon the official recognizance of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties, after the expiration of 6 years from the date…

§ 8102. Guardian bond. No action shall be brought upon any guardian bond, against either the principal or sureties, after the expiration of 3 years from the determination or ceasing of the guardianship.Code 1852, § 2738; Code 1915, § 4667; Code 1935, § 5125; 10 Del. C. 1953, § 81…

§ 8103. Recognizance in Chancery Court. No action shall be brought upon any recognizance taken in the Chancery Court, with condition for the payment of the appraised value or purchase money of lands or tenements, against any surety in such recognizance, or the heirs, terre-tenant…