Title 10, Courts and Judicial Procedure

§ 362. Subpoenas, summonses and other process; orders and award of process. The Court of Chancery may issue subpoenas, summonses, and all other process to compel defendants to answer actions in such Court, may make orders and award process, and may do all things necessary to brin…

§ 363. Issuance of process upon filing of complaint. No process shall issue for the appearance of a party in the Court of Chancery until the complaint is regularly filed.Code 1852, § 1934; Code 1915, § 3846; Code 1935, § 4370; 10 Del. C. 1953, § 363;

§ 364. Removal of defendant from county after service of process. If a defendant shall remove from the county after being served with a summons, or other process, the case may proceed, and further process may be issued into any county.Code 1852, § 1934; Code 1915, § 3846; Code 19…

§ 365. Compelling appearance of defendant in absence of personal service. If, after summons or other process issued out of the Court of Chancery, any defendant therein named does not appear in obedience to the process and according to the rules of such Court, the Court may, on af…

§ 366. Compelling appearance of nonresident defendant. (a) If it appears in any complaint filed in the Court of Chancery that the defendant or any one or more of the defendants is a nonresident of the State, the Court may make an order directing such nonresident defendant or defe…

§ 367. Failure of defendant to appear; service of judgment before execution. If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the def…

§ 368. Commissions for taking answers and examining witnesses. The Court of Chancery may award commissions for taking answers and examining witnesses, in all causes brought before it.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 368;

§ 369. Issues of fact triable by jury. When matters of fact, proper to be tried by a jury, arise in any cause depending in Chancery, the Court of Chancery may order such facts to trial by issues at the Bar of the Superior Court.Code 1852, § 1933; Code 1915, § 3844; Code 1935, § 4…

§ 370. Enforcement of judgments. The Court of Chancery may enforce obedience to its judgments by imprisonment of the body, or by sequestration of lands.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 370;

§ 371. Sale of land to enforce judgment. All real estate, within this State, shall be liable to be sold, by order of the Court of Chancery, on such terms and in such manner as the Court directs, by the sheriff, or by any party to a civil action in Chancery, when such sale shall b…

§ 372. Power to appoint Magistrates in Chancery. (a) Unless expressly prohibited by a statute pursuant to which a particular cause has been initiated in the Court of Chancery, the Court of Chancery may, in any cause pending in the Court of Chancery of this State, appoint a Magist…

§ 373. Appointment of Magistrates for purpose of executing certain instruments. In all cases where the Court of Chancery orders the execution of any conveyance, assignment, release, acquittance or other instrument and the party against whom the judgment is made does not comply th…

§ 374. Relief from forfeitures. The Court of Chancery shall not relieve from any forfeiture incurred, by the nonperformance of any condition contained in or annexed to any gift, grant or contract to which the State is or may be a party. Such forfeiture, when insisted on and decla…

§ 375. Recording of bonds and other obligations. All bonds or obligations taken pursuant to any order or judgment of the Court of Chancery in this State, shall be recorded in such Court in such manner as the Court directs. The record of any such bond or obligation so recorded, sh…

§ 501. Places of holding Court. The Superior Court shall be held: (1) In New Castle County, at Wilmington; (2) In Kent County, at Dover; and (3) In Sussex County, at Georgetown.Code 1852, § 1907; 16 Del. Laws, c. 133, § 5; Code 1915, § 3683; Code 1935, § 4235; 10 Del. C. 1953, § …

§ 502. Terms of Court. The designation and the duration of the terms of the Superior Court in and for each county, and the nature of the proceedings to be conducted at each such term, shall be determined by the Superior Court and shall be announced by rule of court, duly adopted …

§ 503. Salaries of Superior Court Judges. The President Judge and each Judge of the Superior Court shall receive such compensation as shall be provided by law.Code 1852, § 467; 26 Del. Laws, c. 58; Code 1915, § 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, § 369; 46 D…

§ 504. Expenses of Court. All necessary expenses connected with the sitting of the Superior Court in any county, shall, upon approval thereof by a Judge of the Court, be paid by the State Treasurer. The State Treasurer shall pay to each county out of funds regularly appropriated …

§ 505. Expenses for necessaries of jury [Repealed]. Repealed by 60 Del. Laws, c. 225, § 1.

§ 506. Deposit or investment of money paid into Court. The Superior Court may deposit, in the name of the Court in any savings bank of this State, or invest in the name of the State in the funded debt of this State or of the United States, or upon bond or mortgage, or both, any m…

§ 507. Purchase of supplies. The Superior Court may from time to time purchase for the Court such furniture, equipment, stationery and other supplies as may be requisite for the proper operation of the courtrooms, judicial chambers and other quarters used or occupied by the Judge…

§ 508. Payment of expenses. The payment of the compensation of all persons appointed or employed by the Court under the provisions of this chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Judges an…

§ 509. Additional judges. There shall be at least 14 judges and no more than 16 judges in addition to the President Judge and the 4 judges specifically required by article IV, § 2 of the Delaware Constitution.10 Del. C. 1953, § 509; 53 Del. Laws, c. 5, § 2; 55 Del. Laws, c. 309, …

§ 510. Consideration of consolidation [Repealed]. Repealed by 71 Del. Laws, c. 176, § 1, effective May 1, 1998.

§ 511. Commissioners of the Superior Court; appointment; terms of office; removal. (a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Superior Court, all of whom shall hold office for …

§ 512. Jurisdiction and powers of Commissioners of the Superior Court. (a) Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Superior Court; (2)…

§ 513. . Assignment of retired Commissioners to active duty. (a) The President Judge, with the approval of the Chief Justice of the Supreme Court, may designate a retired Commissioner to serve temporarily in the Superior Court if all of the following apply: (1) The retired Commis…

§ 521. Prothonotary as Clerk. The prothonotary of each county shall be the clerk of the Superior Court in and for that county.10 Del. C. 1953, § 521; 70 Del. Laws, c. 186, § 1;

§ 522. Bailiffs, criers and pages; compensation; duties. (a) The Superior Court may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from time to ti…

§ 523. Law clerks. Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Superior Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.10 Del. C. 1953, § 523; 54 Del. Laws, c.…

§ 524. Crier’s fees, costs and allowances; collection and payment. (a) All fees, costs, allowances and other perquisites collected by any officer of the county or State for the use of the crier shall be paid by the officer collecting the same to the State Treasurer. (b) All fees,…

§ 525. Court reporters. The Superior Court may from time to time employ such number of skilled court reporters and other employees, as may be necessary to create a verbatim record for the proper operation of the Court. The duties of these employees shall be to attend all sessions…

§ 526. Office secretaries. Each Judge of the Superior Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render such Judge of the Superior Court such clerical, stenographic, typewriting and secretarial…

§ 527. Temporary appointments. If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Superior Court may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such t…

§ 528. Court reporters’ charges. The Superior Court may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.21 Del. Laws, c. 115, §§ 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915…

§ 529. Certification of appointments. The Superior Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by §§ 525, 526 and 527 of this title, the several dates of their ap…

§ 530. Budgetary powers of Supreme Court. Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.10 Del. C. 1953, § 532; 50 Del. Laws, c. 67, § 13;

§ 541. Jurisdiction generally. The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it.Code 1852, § 1915; Code 1915, § 3725; Code 1935, § 4274; 10 Del. C. 1953, § 541;

§ 542. Powers generally. (a) The Superior Court shall have full power and authority to examine, correct and punish the contempts, omissions, neglects, favors, corruptions and defaults of all justices of the peace, sheriffs, clerks and other officers, within this State. (b) The Co…

§ 543. Unavailability of Resident Judge. During the illness, absence from the county or unavailability for any reason of any Resident Judge, the powers and duties required by any statute of this State to be exercised and performed by such Judge in relation to any matter except ap…

§ 544. Power to take recognizances. The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State.Code 1852, § 1930; Code 1915, § 3799; 33 Del. Laws, c. 225; Code 1935, § 4311; 10 Del. C. 1953, § 544;

§ 545. Power to receive appeals involving personnel administration of the Delaware court system. (a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from admin…

§ 546. Mediation and arbitration proceedings for business disputes. (a) Without limiting the jurisdiction of any court of this State, the Superior Court shall have the power to mediate and arbitrate business disputes when: (1) The parties have consented by agreement or by stipula…

§ 561. Rules of Court in civil actions. (a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of plead…

§ 562. Writs. The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All writs shall be gra…

§ 563. Default judgments; jury trial. A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If…