Title 10, Courts and Judicial Procedure

§ 5708. Witnesses; subpoenas; depositions. (a) The arbitrators may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence, and shall have the power to administer oaths. An arbitrator and any attor…

§ 5709. Award generally. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement. (b) An award…

§ 5710. Award by confession. (a) When available. — An award by confession may be made for money due or to become due at any time before an award is otherwise made. The award shall be based upon a statement, verified by each party, containing an authorization to make the award, th…

§ 5711. Modification of award by arbitrators. On written application of a party to the arbitrators within 20 days after delivery of the award to the applicant, or, if an application to the Court is pending under § 5713, 5714 or 5715 of this title, on submission to the arbitrators…

§ 5712. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The…

§ 5713. Confirmation of an award. The Court shall confirm an award upon complaint or application of a party in an existing case made within 1 year after its delivery to the party, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or cor…

§ 5714. Vacating an award. (a) Upon complaint or application of a party in an existing case, the Court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral excep…

§ 5715. Modification or correction of award by Court. (a) Upon complaint or on application in an existing case made within 90 days after delivery of a copy of the award to the applicant, the Court shall modify or correct the award where: (1) There was an evident miscalculation of…

§ 5716. Judgment or decree on award. Upon the granting of an order confirming, modifying or correcting an award, except in cases where the award is for money damages, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decr…

§ 5717. Judgment roll; docketing with Register in Chancery. (a) On entry of judgment or decree in cases other than an award for money damages, the Register shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extens…

§ 5718. Transfer of money damage award to Superior Court; lien on real estate. (a) Upon the granting of an order confirming, modifying or correcting an award for money damages, a duly certified copy of the award and of the order confirming, modifying or correcting the award shall…

§ 5719. Appeals. (a) Appeals may be taken from: (1) A final order denying a complaint seeking to compel arbitration made under § 5703(a) of this title; (2) An order granting an application to enjoin arbitration made under § 5703(b) of this title; (3) A final order confirming or d…

§ 5720. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.10 Del. C. 1953, § 5720; 58 Del. Laws, c. 382, § 2;

§ 5721. Short title. This chapter may be cited as the “Delaware Uniform Arbitration Act.”10 Del. C. 1953, § 5721; 58 Del. Laws, c. 382, § 2; 77 Del. Laws, c. 8, § 8;

§ 5722. Death or incompetency of a party. Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, the party’s executor or administrator, or, where it relates …

§ 5723. Arbitration of contracts of State and municipalities. It shall be lawful to include in any contract hereinafter executed by or on behalf of the State, or any department or agency thereof or by or on behalf of any county, municipal corporation, or other division of the Sta…

§ 5724. Application of chapter to state and municipal contracts. This chapter applies to any written contract to which the State or any agency or subdivision thereof, or any municipal corporation or political division of the State shall be a party, except as provided in § 5725 of…

§ 5725. Exclusion of collective bargaining labor contracts with public and private employers. Notwithstanding anything contained in this chapter by word or inference to the contrary, this chapter shall not apply to labor contracts with either public or private employers where suc…

§ 5801. Definitions. For purposes of this chapter only, unless the context requires otherwise: (1) “Agreement” means an agreement described in § 5803(a) of this title. (2) “Arbitration” means an arbitration provided for under this chapter. (3) “Arbitrator” means a person named in…

§ 5802. Purpose of the chapter. The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitr…

§ 5803. Effect of arbitration agreement. (a) 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 revocatio…

§ 5804. Jurisdiction. (a) Jurisdiction of the Supreme Court. — Except as otherwise provided in an agreement, the making of the agreement confers jurisdiction on the Supreme Court of the State to hear only a challenge to a final award under § 5809 of this title. The Supreme Court …

§ 5805. Appointment of arbitrator by the Court of Chancery. (a) The Court of Chancery of the State, on petition or on application of a party in an existing case, has exclusive jurisdiction to appoint 1 or more arbitrators upon: (1) The consent of all parties to an agreement; (2) …

§ 5806. Arbitrator; fees and expenses of arbitration. (a) A person accepting an appointment as an arbitrator is deemed to have: (1) Consented to the terms of this chapter; and (2) Accepted the consequences set forth in subsection (b) of this section for failing to comply with the…

§ 5807. Hearing; witnesses; prehearing evidence gathering; rulings before final award. (a) Unless otherwise provided in an agreement, an arbitrator shall appoint a time and place for a hearing or an adjourned hearing, either of which may be held within or without the State and wi…

§ 5808. Awards. (a) A final award must be in writing and signed by an arbitrator, must be provided to each party to an arbitration, and must include a form of judgment for entry under § 5810 of this title. Unless otherwise provided in an agreement, an arbitrator may make any awar…

§ 5809. Challenges; court powers to vacate, modify, or correct a final award. (a) A challenge to a final award may be taken to the Supreme Court of the State in the manner as appeals are taken from orders or judgments in a civil action. (b) A challenge to a final award must be ta…

§ 5810. Confirmation of a final award; judgment on final award. (a) Unless a challenge is taken under § 5809 of this title or unless an agreement provides for appellate review by 1 or more arbitrators, a final award, without further action by the Court of Chancery of the State, i…

§ 5811. Application of chapter. It is the policy of this chapter to give maximum effect to the principle of freedom of contract and to the enforceability of agreements.80 Del. Laws, c. 6, § 1;

§ 5812. Short title. This chapter may be cited as the “Delaware Rapid Arbitration Act.”80 Del. Laws, c. 6, § 1;

§ 5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5] [Effective until Dec. 6, 2026]. (a) Except as provided in subsection (b) of this section, any person who desires to change such person’s name, shall present a petition, duly verif…

§ 5902. Requirements for minor’s petition. If the name sought to be changed under this chapter is that of a minor, the petition shall be signed by at least 1 of the minor’s parents, if there is a parent living, or if both parents are dead, by the legal guardian of such minor. Whe…

§ 5903. Publication of petition prior to filing. [For application of this section, see 82 Del. Laws, c. 84, § 5] [Repealed].27 Del. Laws, c. 264, § 3; Code 1915, § 4659; Code 1935, § 5117; 10 Del. C. 1953, § 5903; 75 Del. Laws, c. 209, § 1; 82 Del. Laws, c. 84, § 2; repealed by 8…

§ 5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.]. (a) Upon presentation of a petition for change of name under this chapter, and it appearing that the requirements of this chapter have been fully complied with, and there appearing n…

§ 5905. Costs. The costs of any proceeding under this chapter shall be paid by the petitioner.27 Del. Laws, c. 264, § 5; Code 1915, § 4661; Code 1935, § 5119; 10 Del. C. 1953, § 5905;

§ 6001. Short title. This chapter may be cited as the “Uniform Public Expression Protection Act.”85 Del. Laws, c. 217, § 1;

§ 6002. Scope. (a) In this section: (1) “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. (2) “Governmental unit” means a public corporat…

§ 6003. Special motion for expedited relief. Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause…

§ 6004. Stay. (a) Except as otherwise provided in subsections (d) through (g) of this section, on the filing of a motion under § 6003 of this title: (1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are s…

§ 6005. Hearing. (a) The court shall hear a motion under § 6003 of this title not later than 60 days after filing of the motion, unless the court orders a later hearing: (1) To allow discovery under § 6004(d) of this title; or (2) For other good cause. (b) If the court orders a l…

§ 6006. Proof. In ruling on a motion under § 6003 of this title, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.85 Del. Laws, c. 217, § 1;

§ 6007. . Dismissal of cause of action in whole or part. (a) In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 6002(b) or (d) of this title that th…

§ 6008. Ruling. The court shall rule on a motion under § 6003 of this title not later than 60 days after a hearing under § 6005 of this title.85 Del. Laws, c. 217, § 1;

§ 6009. Appeal. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 6003 of this title. The appeal must be filed not later than 10 days after entry of the order.85 Del. Laws, c. 217, § 1;

§ 6010. Costs, attorneys’ fees, and expenses. (a) On a motion under § 6003 of this title, the court shall award court costs, reasonable attorneys’ fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the motion; o…

§ 6011. Construction. This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or Delaware Constitu…