Title 10 — Courts and Judicial Procedure

§ 8701. Attorney General. The fees of the Attorney General, for the services specified, shall be as listed below: $ 10.00 2.40 2.40 1.20 1.00 For obtaining judgments in suits brought in favor of the State upon forfeited bonds and recognizances, for appearances in the Superior Cou…

§ 8702. Sheriff. (a) The fees of the Sheriff of Kent County shall be established by ordinance of the governing body of Kent County. (b) This section shall not apply to the Sheriff of New Castle County. (c) The fees of the Sheriff of New Castle County shall be established by ordin…

§ 8703. Sheriff’s neglect or refusal to give statement of payments and costs; penalty. Whoever, being a sheriff, neglects or refuses, upon payment to such sheriff of an execution and upon request, to subscribe and deliver to the person paying or settling the same, or to each of t…

§ 8704. Clerk of the Supreme Court. The fees charged by the Clerk of the Supreme Court shall be as prescribed in the Rules of that Court.Code 1852, § 2777; Code 1915, § 4854; Code 1935, § 5348; 10 Del. C. 1953, § 8704;

§ 8705. Prothonotary; civil proceedings. The fees of the prothonotary for services provided in civil proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.Code 1852, §§ 2778-2786, 2789, 2791; 24 Del. Laws, c. 245, § 2; Code 1915,…

§ 8706. Prothonotary; criminal proceedings. The fees of the prothonotary for services provided in criminal proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.Code 1852, §§ 2787, 2788, 2791; Code 1915, § 4856; Code 1935, § 5350…

§ 8707. Register in Chancery. The fees of the Register in Chancery Office for services provided shall be established by the Rules of the Court of Chancery and shall be uniform among the 3 counties.Code 1852, §§ 2794, 2795, 2798; 24 Del. Laws, c. 246, § 1; Code 1915, §§ 4857, 4857…

§ 8708. Register in Chancery [Repealed]. Repealed by 73 Del. Laws, c. 91, § 9, effective Jan. 1, 2002.

§ 8709. Neglect or refusal to pay fees; penalty. Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer to whom such fees are due, shall be fined $10 besides costs …

§ 8710. Attorney-at-law. The fees of an attorney-at-law, for the services specified, shall be as listed below: For every writ drawn by the attorney $ .40 Appearance for either plaintiff or defendant in an action or suit at law, or on appeal from a justice of the peace or Court of…

§ 8711. Constable. The fees of a constable, for the services specified, shall be as listed below: For attendance upon the Superior Court, each day, to be paid by the county treasurer upon certificate of attendance under the hand of the Prothonotary, the sum of $2.00, and 3 cents …

§ 8712. Referees. The fees of a referee, for the services specified, shall be as listed below: For attendance under a rule of court, (the referees being duly sworn or affirmed, and report duly made) $ 1.00 Also, 3 cents per mile going and returning; mileage not to be allowed for …

§ 8713. Commissioners in Court of Chancery. The fees of a commissioner in the Court of Chancery, for the services specified, shall be as listed below: For attendance under an order of court to make partition, assign dower, estimate annual value of ward’s lands, etc., if regular r…

§ 8714. Surveyor, chain-carrier, axe-person, target-bearer. For services on surveys and partitions in the Court of Chancery, ejectment in the Superior Court, marking and bounding of disputed lines, laying out of public roads, etc., surveyors, chain-carriers, axe-persons, target-b…

§ 8715. Distress proceedings. The fees in distress proceedings, for the services specified, shall be as listed below: For making distress and giving notice $ .50 Summoning and qualifying freeholders, including cases where freeholders both value rent and appraise goods .50 All ser…

§ 8801. Definitions. When used in this chapter: (1) “Complaint” shall mean any civil action or miscellaneous action or any application for an extraordinary writ. (2) “Conditions of confinement” shall mean any aspect of a prisoner’s complaint that does not address the fact or dura…

§ 8802. In forma pauperis. (a) Notwithstanding any Delaware law to the contrary, the courts shall promulgate rules under which an individual who is unable to pre-pay all court costs and fees may proceed in forma pauperis. (b) Before an individual shall be permitted to proceed in …

§ 8803. Court review. (a) In all cases in which a court has granted an individual leave to proceed in forma pauperis, the court shall issue an order authorizing the filing of the complaint and establishing the amount of court costs and filing fees to be paid. The court may, in it…

§ 8804. Prisoners. (a) When the individual seeking permission to proceed in forma pauperis is a prisoner, the prisoner shall file a certified summary of the prisoner’s inmate account, together with the affidavit required pursuant to § 8802 of this title. The summary shall contain…

§ 8805. Good time. (a) Upon a court’s finding pursuant to § 8803(b) or (c) of this title that a prisoner has filed a factually frivolous or malicious action, or upon a court’s finding that the action is legally frivolous and that even a pro se litigant, acting with due diligence,…

§ 8901. Jurors [Repealed]. Repealed by 60 Del. Laws, c. 225, § 1.

§ 8902. Jurors of inquest. The fees of jurors on an inquest, for the services specified, shall be as listed below: For joining in an inquisition upon writ or commission of inquiry, each $ .33 Joining in inquisition of death taken by the officer in view of the body 3.00 And 7 cent…

§ 8903. Witnesses. (a) The fees of witnesses, for the services specified, shall be as listed below: For attendance in any court, or before referees under a rule of court, or before a justice in case of forcible entry, or landlord vs. tenant, or before a county governing body, or …

§ 8904. Witnesses; Court of Common Pleas for Kent County. The fees of witnesses in the Court of Common Pleas for Kent County, for the services specified, shall be as listed below: $ 1.00 Three cents per mile going and returning. 37 Del. Laws, c. 262, § 9; Code 1935, § 5363; 10 De…

§ 8905. Unclaimed witness fees in New Castle County. Where witness fees in any civil action instituted in New Castle County have been taxed and paid as part of the costs, and remain unclaimed for a period of 6 months from the date of payment thereof, the prothonotary shall notify…

§ 8906. Expert witnesses. The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within this State, shall be fixed by the Court in its discretion, and such fees so fixed…

§ 8907. Interpreters for persons who are deaf in legal proceedings; fees. A person who is deaf who is a party to, or a witness in, any legal proceeding shall have a right to a qualified interpreter of deaf sign-language and the court shall appoint such an interpreter to interpret…

§ 9201. Definitions. As used in this chapter: (1) “Court” shall mean the Justice of the Peace Court. (2) “Rules” means rules of the Justice of the Peace Court promulgated under article IV, § 13, of the Delaware Constitution.10 Del. C. 1953, § 9201; 55 Del. Laws, c. 20, § 3; 62 De…

§ 9202. Administration and supervision of the Court; Chief Magistrate. (a) The Justice of the Peace Court shall, unless otherwise provided in this chapter, be administered and supervised in all respects pursuant to the provisions of article IV, § 13, of the Delaware Constitution …

§ 9203. Number of justices of the peace in each county. In the counties of this State there shall be no more than the following number of justices of the peace: (1) In New Castle County, 29. (2) In Kent County, 13. (3) In Sussex County, 19.10 Del. C. 1953, § 9203; 55 Del. Laws, c…

§ 9204. Place of holding courts. The Justice of the Peace Court shall hold court in at least 1 place in Wilmington, 5 places in the remainder of New Castle County, 3 places in Kent County, and 5 places in Sussex County, and in such other places as from time to time shall be desig…

§ 9205. Court hours. Each of the places where Court is held shall be open at such times as shall be provided by the rules; provided, however, that in each county there shall be at least 1 court available at all times. The Court may hear and determine any case within its jurisdict…

§ 9206. Statewide jurisdiction of the justices of the peace. Each justice of the peace shall serve in the county in which the justice of the peace resides. The justice of the peace may be assigned from time to time, for such hours and length of time as may be established by the r…

§§ 9207, 9208. [Reserved.]

§ 9209. Salaries of the justices of the peace and the Chief Magistrate. (a) The Chief Magistrate and the justices of the peace shall receive such compensation from the State as shall be provided by law. (b) A justice of the peace shall not receive any other fees or emoluments for…

§ 9210. Offices; supplies; basic legal education and continuing legal education requirements for justices of the peace. (a) The State shall provide each justice of the peace with such space, supplies and equipment as shall be necessary and appropriate to enable the justice to pro…

§ 9211. Assignment of retired justices of the peace to active duty. (a) Any retired justice of the peace may be designated by the Chief Magistrate, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Justice of the Peace Court in the State; pr…

§§ 9212-9222. [Reserved.]

§ 9223. Security personnel. All security personnel of the Court shall have the full powers of a Justice of the Peace Court constable, including the power of arrest, while performing Court-related functions throughout the State.69 Del. Laws, c. 300, § 1; 73 Del. Laws, c. 335, § 1;

§ 9224. Drug testing required. (a) The Justice of the Peace Court is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a uniformed services position, which includes those positions where qualification to…

§§ 9230, 9231. Deputy Administrator; duties of Deputy Administrator [Repealed]. Repealed by 62 Del. Laws, c. 52, § 7, effective June 1, 1979.

§ 9301. Civil jurisdiction; amount in controversy. Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or…

§ 9302. Venue of the Justice of the Peace Court. The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.10 Del. C. 1953, § 9302; 55 Del. Laws, c. 20, § 5; 56 Del. Laws, c. 223, § 2; 59 Del. Laws, c. 540, § 1;…

§§ 9303-9306. [Reserved.]

§ 9701. Sheriffs and New Castle County Constables. The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows: For serving and returning a summons, or a scire facias, on one or more defendants, …

§ 9702. Kent County constables. The fees of Kent County constables, for the services specified, in cases before a Justice of the Peace shall be as follows: For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before jud…

§ 9703. Sussex County constables. The fees of Sussex County constables, for the services specified, in cases before a justice of the peace shall be as follows: For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before…

§ 9704. Witnesses. The fees of witnesses in cases before a justice of the peace shall be as follows: For each day’s attendance $ .50 And 3 cents per mile from the witness’ house to the place of trial and back. For the referees who actually try the cause, each, and mileage the sam…

§ 9705. Parties. The fees of parties in cases before a justice of the peace shall be as follows: For each deposition taken $ .50 But more than $1.00 shall not be allowed by either party for depositions in a case before the justice, nor more than $5.00 on appeal. 24 Del. Laws, c. …

§ 9706. Certification of acknowledgments. The fees of a justice of the peace, for the services specified, shall be as follows: $ .50 .30 12 Del. Laws, c. 571, § 1; Code 1915, § 4060; Code 1935, § 4541; 10 Del. C. 1953, § 9709;