Title 10, Courts and Judicial Procedure

§ 5117. Parentage proceedings. The costs of proceedings in parentage cases shall be paid by the father, if the paternity is established; otherwise by the county.Code 1852, § 1489; Code 1915, § 4466; Code 1935, § 4921; 10 Del. C. 1953, § 5118; 70 Del. Laws, c. 186, § 1; 73 Del. La…

§ 5118. Dower actions. In respect to the costs in actions for dower, the court shall exercise equitable powers.Code 1852, § 1754; Code 1915, § 4468; Code 1935, § 4922; 10 Del. C. 1953, § 5119;

§ 5119. Perpetuating testimony of boundaries. Upon proceedings for perpetuating testimony of boundaries, each party shall bear the costs of the attendance and examination of witnesses produced by the party. All the other costs shall be paid by the petitioner.Code 1852, § 991; Cod…

§ 5120. Fence viewers’ services. Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned.Code 1852, § 1004; Code 1915, § 4471; Code 1935, § 4924; 10 Del. C. 19…

§ 5121. Investment of moneys paid into Superior Court. Costs incurred in the payment of money into the Superior Court or in its investment shall be payable out of the fund.16 Del. Laws, c. 526; Code 1915, § 4472; Code 1935, § 4925; 10 Del. C. 1953, § 5122;

§ 5122. Attachment for rent. Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs.11 Del. Laws, c. 621, § 56;…

§ 5123. Change of name proceedings. In proceedings for changing names, the costs shall be paid by the petitioner.27 Del. Laws, c. 264, § 5; Code 1915, § 4475; Code 1935, § 4927; 10 Del. C. 1953, § 5124;

§ 5201. Definitions. In this chapter: (1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell forei…

§ 5202. Scope. (a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. The provisions of this chapter are applicable to such foreign-money claims notwithstanding any contrary provisions of law. (b) This chapter applies to foreign-money issu…

§ 5203. Variation by agreement. (a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (b) Parties to a transaction may agree upon the money to be used in a trans…

§ 5204. Determining money of the claim. (a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in eac…

§ 5205. Determining amount contracted for in certain contract claims. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (b) If an amount contracted to be pa…

§ 5206. Asserting and defending foreign-money claim. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (b) An opposing party may allege and prove that a claim, in whole or…

§ 5207. Judgments and awards on foreign-money claims; times of money conversion; form of judgment. (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. Such a judgment or awar…

§ 5208. Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a…

§ 5209. Pre-judgment and judgment interest. (a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters…

§ 5210. Enforcement of foreign judgments. (a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in § 5207 of this title…

§ 5211. Determining United States dollar value of foreign-money claims for limited purposes. (a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the p…

§ 5212. Effect of currency revalorization. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurr…

§ 5213. Supplementary general principles of law. Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, …

§ 5214. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.71 Del. Laws, c. 148, § 1;

§ 5215. Short title. This chapter may be cited as the “Uniform Foreign-Money Claims Act.”71 Del. Laws, c. 148, § 1;

§ 5301. Generally. Any judge of any court in this State, any justice of the peace, or notary public, may, in any case in which an oath or affirmation is necessary or proper, administer such oath or affirmation.Code 1852, § 2353; Code 1915, § 4239; Code 1935, § 4709; 10 Del. C. 19…

§ 5302. Deputy sheriffs. The sheriffs of the several counties may appoint deputies, who may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a…

§ 5303. Clerk of United States District Court. The Clerk of the United States District Court for the District of Delaware may administer oaths and affirmations and take acknowledgment of the execution of instruments of writing in this State which are to be used in the District Co…

§ 5304. Court appointees and surveyors. (a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to…

§ 5305. Nonresidents in legal proceedings. In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as …

§ 5321. Method of administering. The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book.Code 1852, § 2359; Code 1915, § 4245; Code 1935, § 4715; 10 Del. C. …

§ 5322. Uplifted hand. A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall answer to God …

§ 5323. Affirmation. A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified.Code 1852, § 2361; Code 1915, § 4248; Code 1935, § 4718; 10 Del. C. 19…

§ 5324. Non-Christians. A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person’s religion, if there be any such.Code 1852, § 2362; Code 1915, § 4249; Code 1935, § 4719; 10 Del. C. 1953, § 5324; 70 Del. Laws, c…

§ 5351. Short title. This chapter may be cited as the “Delaware Uniform Unsworn Foreign Declarations Act.”77 Del. Laws, c. 332, § 1;

§ 5352. Definitions. In this chapter: (1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. (2) “Law” inc…

§ 5353. Applicability. This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This c…

§ 5354. Validity of unsworn declaration. (a) Except as otherwise provided in subsection (b) of this section, if a law of this State requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn decla…

§ 5355. Required medium. If a law of this State requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.77 Del. Laws, c. 332, § 1;

§ 5356. Form of unsworn declaration. An unsworn declaration under this chapter must be in substantially the following form: I declare under penalty of perjury under the law of Delaware that the foregoing is true and correct, and that I am physically located outside the geographic…

§ 5357. 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.77 Del. Laws, c. 332, § 1;

§ 5358. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that …

§ 5359. Effective date. This chapter takes effect upon enactment [July 2, 2010].77 Del. Laws, c. 332, § 1;

§ 5401. Findings of the General Assembly [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. The members of the 143rd General Assembly find that: (1) On November 23, 2004, the Delaware Supreme Court sitting en banc decided the case of W…

§ 5402. @*@*Evans v. State@*END@* @*bold@* [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@*END@* Based on the findings set forth in § 5401 of this title and in recognition that the Delaware Constitution vests authority and sole res…

§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. (a) Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the Genera…

§ 5701. Effect of arbitration agreement. A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of …

§ 5702. Jurisdiction; applications; venue; statutes of limitations. (a) Jurisdiction of the Court; applications to the Court. — The term “Court” means the Court of Chancery of this State, except where otherwise specifically provided. The making of an agreement described in § 5701…

§ 5703. Proceedings to compel or enjoin arbitration; notice of intention to arbitrate. (a) Proceeding to compel arbitration. — A party aggrieved by the failure of another to arbitrate may file a complaint for an order compelling arbitration. Where there is no substantial question…