Title 10 — Courts and Judicial Procedure

63 chapters · 561 sections in this title.

561 sectionsFiltered byTitle 10

10 Del. C. § 2320. Dower record.
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§ 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;
10 Del. C. § 2321. Notification of issuing writs of certiorari in motor vehicle cases.
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§ 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 …
10 Del. C. § 2322. Appointment of fence viewers.
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§ 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…
10 Del. C. § 2323. Seal.
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§ 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…
10 Del. C. § 2324. Deposits; distribution of interest.
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§ 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…
10 Del. C. § 2501. Definitions.
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§ 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…
10 Del. C. § 2502. Location of offices, necessary supplies and equipment.
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§ 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…
10 Del. C. § 2503. Records.
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§ 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;
10 Del. C. § 2504. Register in Chancery Office; days open.
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§ 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;
10 Del. C. § 2505. Disposition of fees.
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§ 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…
10 Del. C. § 2506. Duty to account for fees.
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§ 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 …
10 Del. C. § 2507. Audit of fees.
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§ 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;
10 Del. C. § 2508. Penalties for failure to collect and pay over fees.
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§ 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…
10 Del. C. § 2509. Chief Register in Chancery; duties and power.
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§ 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…
10 Del. C. § 2510. Compensation.
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§ 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…
10 Del. C. § 2701. Appointment [Repealed].
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§ 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…
10 Del. C. § 2702. Board of Examiners [Repealed].
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§ 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.;
10 Del. C. § 2703. Qualification and training [Repealed].
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§ 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.;
10 Del. C. § 2704. Term of office; discharge [For application of this section, see 79 Del. Laws, c. 370, § 2] [Repealed].
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§ 2704. Term of office; discharge [For application of this section, see 79 Del. Laws, c. 370, § 2] [Repealed].Code 1852, § 623; Code 1915, § 1408; 33 Del. Laws, c. 89, § 1; 40 Del. Laws, c. 138, § 1; Code 1935, §§ 1565, 1567, 1575; 10 Del. C. 1953, § 2710; 50 Del. Laws, c. 36, § …
10 Del. C. § 2705. Powers and duties [Repealed].
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§ 2705. Powers and duties [Repealed].Code 1852, § 630; 12 Del. Laws, c. 86; 15 Del. Laws, c. 443; Code 1915, §§ 1398, 1412; 33 Del. Laws, c. 89, § 3; Code 1935, §§ 1565, 1579; 10 Del. C. 1953, §§ 2723, 2724; 65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, § 6; 70 Del. Laws, c. 1…
10 Del. C. § 2706. Jurisdiction [Repealed].
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§ 2706. Jurisdiction [Repealed].Code 1852, § 630; 12 Del. Laws, c. 86; Code 1915, §§ 1398A, 1412; 33 Del. Laws, c. 89, § 3; 35 Del. Laws, c. 78, § 1; Code 1935, §§ 1565, 1579; 10 Del. C. 1953, §§ 2721, 2722; 55 Del. Laws, c. 85, § 32Q; 65 Del. Laws, c. 433, § 1; repealed by 83 De…
10 Del. C. § 2707. Oath [Repealed].
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§ 2707. Oath [Repealed].65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, § 7; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;
10 Del. C. § 2708. Compensation [Repealed].
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§ 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.;
10 Del. C. § 2709. Badges [Repealed].
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§ 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.;
10 Del. C. § 2710. Exclusion from coverage [Repealed].
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§ 2710. Exclusion from coverage [Repealed].65 Del. Laws, c. 433, § 1; repealed by 83 Del. Laws, c. 454, § 1, effective Oct. 7, 2022.;
10 Del. C. § 2801. Appointment.
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§ 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…
10 Del. C. § 2802. Duties; exclusive authority.
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§ 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 …
10 Del. C. § 2803. Salary and term; mileage.
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§ 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…
10 Del. C. § 2804. Location.
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§ 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;
10 Del. C. § 2805. Residence requirement [Repealed].
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§ 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.;
10 Del. C. § 2806. Training.
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§ 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…
10 Del. C. § 2807. Prohibited activities and employments.
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§ 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…
10 Del. C. § 2808. Jurisdiction.
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§ 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;
10 Del. C. § 2901. Appointment.
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§ 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…
10 Del. C. § 2902. Duties; limited authority.
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§ 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…
10 Del. C. § 2902A. Prohibition against the issuance of a search warrant where probable cause does not exist.
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§ 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 …
10 Del. C. § 3101. Date and return of writs commencing actions.
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§ 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…
10 Del. C. § 3102. Payment of costs by nonresidents for issuance or execution of writs.
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§ 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…
10 Del. C. § 3103. Service and return of summons.
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§ 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…
10 Del. C. § 3104. Personal jurisdiction by acts of nonresidents.
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§ 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…
10 Del. C. § 3105. Service and return of scire facias.
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§ 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. …
10 Del. C. § 3106. Service of capias ad respondendum.
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§ 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…
10 Del. C. § 3107. Arrest of nonresident on mesne process in suit by nonresident.
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§ 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…
10 Del. C. § 3108. Prerequisites for issuance of capias ad respondendum.
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§ 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…
10 Del. C. § 3109. Amicable actions.
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§ 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…
10 Del. C. § 3110. Commencement of actions by attachment.
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§ 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;
10 Del. C. § 3111. Actions against corporations; service of process.
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§ 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 …
10 Del. C. § 3112. Service of process on nonresident operators of motor vehicles [Repealed].
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§ 3112. Service of process on nonresident operators of motor vehicles [Repealed]. Repealed by 76 Del. Laws, c. 329, § 3, effective Oct. 7, 2008.
10 Del. C. § 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident.
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§ 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…
10 Del. C. § 3114. Service of process on nonresident directors, trustees, members of the governing body or officers of Delaware corporations.
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§ 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…