Title 10, Courts and Judicial Procedure

§ 7122. Standard of proof. Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence.72 Del. Laws, c. 484, § 1;

§ 7123. Admissibility of evidence to prove criminal nuisance. (a) In any action involving any criminal nuisance, evidence of the general reputation of the place or an admission or finding of guilty of any person under the criminal laws at any such place is admissible for the purp…

§ 7124. Relationship to criminal proceedings. A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have …

§ 7125. Release of premises upon inspection or repair. (a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate licens…

§ 7126. Penalties. (a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the cr…

§ 7127. Settlements. (a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once…

§ 7128. Recovery of costs. (a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of …

§ 7129. Contempt. (a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude o…

§ 7130. Cumulative remedies. The causes of action and remedies authorized by this chapter shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity. Further, nothing herein shall…

§ 7131. Liability for damage to closed properties. (a) A court-ordered closing of a premises or portion thereof pursuant to this chapter shall not constitute an act of possession, ownership or control by the Court, the plaintiff or any government official or entity responsible fo…

§ 7132. Civil immunity. Any person or entity who, in good faith, institutes, participates in, testifies in, or encourages any person or entity to institute, participate in or testify in a civil action brought pursuant to this chapter or who in good faith provides any information …

§ 7133. Civil action for damages resulting from criminal nuisance. (a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superi…

§ 7134. Presumptions. (a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof. (b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of …

§ 7201. Purpose. Sexual violence is heinous. Perpetrators of sexual violence inflict humiliation, degradation, and terror on victims. Rape is recognized as a significantly under reported crime. Victims who do not report the crime of rape or other sexual violence nevertheless desi…

§ 7202. Definitions [Effective until Jan. 1, 2027]. As used in this chapter: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Non-consensual” means “without consent” as defined under § 761 of Title 11. …

§ 7203. Commencement of action; procedure. (a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition in the Superior Court in the county where the petitioner resides, the respondent resides, or the alleged non-consensual sexual co…

§ 7204. Emergency proceedings [Effective until Jan. 1, 2027]. (a) A petitioner may request an ex parte temporary sexual violence protective order by filing an affidavit or verified petition which alleges all of the following: (1) The occurrence, including the date, of non-consens…

§ 7205. Nonemergency proceedings. (a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition that alleges: (1) The occurrence, including the date, of non-consensual sexual conduct or non-consensual sexual penetration perpetrated by…

§ 7206. Termination and renewal. (a) A respondent subject to a sexual violence protective order issued under § 7205 of this chapter, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to…

§ 7207. Return and disposal of a firearm, projectile weapon, or ammunition. If an order issued under this chapter is vacated under § 7205 of this title, terminated under § 7206 of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent…

§ 7208. Limitation on liability. (a) Nothing in this chapter precludes a law-enforcement officer from removing a firearm, projectile weapon, or ammunition under other authority or the filing of criminal charges when probable cause exists. (b) A law-enforcement agency is immune fr…

§ 7209. Sanctions. (a) Any person who violates a sexual violence protective order may be guilty of criminal contempt under § 1271A of Title 11. (b) Any person who “swears falsely,” as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7203, § 7204, or § 7…

§ 7301. Right of discharge from imprisonment for debt; conditions. Whoever is imprisoned for debt, damages, or costs, by virtue of any process or commitment, in a civil action (except process or commitment of the Court of Chancery), having resided in this State for 1 year next pr…

§ 7301A. Title. This chapter may be cited as the “Uniform Assignment for the Benefit of Creditors Act.”85 Del. Laws, c. 291, § 1;

§ 7302. Contents of petition. The petition for discharge shall set forth the imprisonment and the cause thereof, the insolvency of the petitioner, a full and true account of all the petitioner’s real and personal estate, debts, credits, rights, money, and effects whatsoever, with…

§ 7302A. Definitions. In this chapter (1) “Affiliate” means: a. A person that directly or indirectly owns, controls, or holds, with power to vote, 20% or more of the outstanding voting interests of another person, other than a person that holds the interests: 1. In a fiduciary or…

§ 7303. Summons to creditors; service. The petition being preferred, the court shall award process for summoning the creditors of the petitioner to appear in the court, on some certain day, and show cause, if any they have, why the petitioner should not be discharged from impriso…

§ 7303A. Scope. (a) This chapter applies to an assignment made by an assignor that is: (1) An organization whose principal place of business is in this State; (2) An organization whose internal affairs are governed by other law of this State; (3) An individual whose principal res…

§ 7304. Proof of service; appearance as waiver. Proof of the service of a summons under § 7303 of this title shall be by the affidavit of the person serving the same written upon the summons. An appearance entered, either personally or by attorney, shall be as effectual as proof …

§ 7304A. Requirements for assignee and assignment agreement. (a) An assignee must be a person that: (1) Is not a creditor, affiliate, or insider of the assignor; (2) Is not an affiliate or insider of a creditor of the assignor; (3) Does not have a claim against the assignment est…

§ 7305. Creditor’s affidavit of fraud; jury trial. Any creditor in any sum not less than $50, the amount of which shall be proved by affidavit, may file an allegation of fraud against the petitioner, specifying the supposed fraudulent transactions, to which allegation the petitio…

§ 7305A. Effect of assignment; when assignment agreement effective. (a) An assignee obtains the rights, title, and interests of the assignor in the assigned assets. (b) If the assignor is an organization, an assignee obtains the rights, title, and interests of the assignor in ass…

§ 7306. Hearing by court in absence of allegation of fraud. If an allegation of fraud is not filed, or being filed is withdrawn, the court shall hear what is alleged and proved for or against granting the prayer of the petition.Code 1852, § 2685; Code 1915, § 4617; Code 1935, § 5…

§ 7306A. Filing, recording, and title transfer requirements. (a) In this section, “financing statement” has the meaning in § 9-102(a) of Title 6. (b) An assignee of a legal or equitable interest in personal property may file a financing statement in the filing office of: (1) This…

§ 7307. Interrogatories to petitioner. Interrogatories may be proposed by any creditor to the petitioner, touching the causes of the petitioner’s insolvency, the ownership, disposal and state of any property, the time of contracting any debt, or of executing any security, deed, o…

§ 7307A. Notification to creditors. (a) Unless a creditor waives in a signed record the right to notification, an assignee shall send a notification of the assignment to each creditor known to the assignee, including those holding disputed, contingent, or unliquidated claims, ind…

§ 7308. Order to surrender property. Upon sufficient cause shown, the court may order the petitioner to produce any money in the petitioner’s possession or control, or any deeds, bonds, notes, books of account, or other writings relating to his or her estate, and remand the petit…

§ 7308A. Duties of assignor. (a) Subject to § 7323A of this title, an assignor has a duty to take all reasonable actions necessary for the assignee to administer the assignment, the assigned assets, and the assignment estate. (b) In furtherance of the duty under subsection (a) of…

§ 7309. Penalties for fraud of petitioner. If it appears to the court that the petitioner has fraudulently secreted, transferred, disposed of, or removed any goods, chattels, rights, credits, money, or other property, or has been guilty of deception or fraud in contracting any de…

§ 7309A. Duties of assignee. (a) Subject to § 7323A of this title, an assignee has a fiduciary duty to the assignment estate for the benefit of creditors: (1) Of loyalty, including the duty to manage the assignment in good faith; (2) To use reasonable care to maximize distributio…

§ 7310. Discharge of petitioner. If it appears to the court that there is no sufficient cause for remanding the petitioner, it shall order that the petitioner be discharged from imprisonment after first fulfilling the requirements of §§ 7311 and 7312 of this title.Code 1852, § 26…

§ 7310A. Powers of assignee. (a) An assignee has the powers necessary or appropriate to perform the assignee’s duties. (b) Unless the assignment agreement expressly provides otherwise, the assignee has power to: (1) Operate an existing business that uses an assigned asset, includ…

§ 7311. Oath of insolvency upon discharge. Before an order for a petitioner’s discharge, the petitioner shall take an oath or affirmation according to the following form, the same being first distinctly read to him or her: “I ________________________ do solemnly swear (or affirm)…

§ 7311A. Allowed claim. (a) An assignee shall allow a creditor’s claim if: (1) The creditor submits a proof of claim in compliance with § 7313A of this title; and (2) The assignee does not dispute the claim under § 7312A of this title before final distribution. (b) An assignee ma…

§ 7312. Petitioner’s assignment in trust for creditors on discharge. The petitioner shall also, before an order for his or her discharge, execute a deed of assignment, to a trustee, or trustees, appointed by the Court. Such deed shall be endorsed upon, or annexed to the petition,…

§ 7312A. Disputed and disallowed claims. (a) An assignee may dispute a creditor’s claim before final distribution by sending notification in a record stating the nature of the assignee’s dispute to the creditor. (b) (1) The assignee may commence a proceeding under § 7321A of this…