Title 10, Courts and Judicial Procedure

§ 7510. Entry of satisfaction. Every person to whom a sum is due by a recognizance taken in the Court of Chancery, receiving satisfaction of the same, shall, within 60 days thereafter, cause such satisfaction to be entered upon the record of such recognizance. Such satisfaction s…

§ 7511. Default in satisfaction; amount of damages. Every person committing a default under § 7510 of this title shall be liable to the recognizor in such recognizance, or the executors or administrators of such recognizor, in damages to be recovered by a civil action. The damage…

§ 7512. Copy as evidence; production of original. (a) If any recognizance or bond, mentioned in § 7501 of this title, shall according to law be recorded or deposited in any public office, a copy of such recognizance or bond, or of the record thereof, duly certified, shall be comp…

§ 7513. Written obligation without penalty. An obligation in writing, executed under the hand and seal of the obligor, by which the obligor binds himself or herself to pay a certain sum of money at a designated time, with interest, costs and counsel fees, as provided by law, shal…

§ 7514. Location of realty of persons signing bonds or recognizances. Where the signature of an owner of realty is required upon any bond or recognizance in any court of this State or before any justice of the peace of this State, it shall not be required that the owner own realt…

§ 7601. Civil Sexual Abuse Liability Report — Purpose. The purpose of this chapter is to ensure that the public is informed about persons found liable of sexual abuse in this State.76 Del. Laws, c. 414, § 1;

§ 7602. Civil Sexual Abuse Report. Civil Sexual Abuse Liability Report (“the Report”) shall mean a report that each court shall post in a public place in the court house and on the court’s web site. The Report shall list all persons found liable for sexual abuse in that court. Th…

§ 7603. Petition and eligibility. If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or that plaintiff’s or victim’s representative may petition the court to place the …

§ 7604. Relief. A defendant may petition the court for relief, to be removed from the Report, after 5 years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.76 Del. Laws, c. 414, § 1;

§ 7701. Definitions. As used in this section: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Lethal violence protective order” means an order issued by the Justice of the Peace Court or Superior Court…

§ 7702. Commencement of action; procedure. (a) A law-enforcement officer may request relief under § 7703 of this title by filing an affidavit or verified petition. (b) Any petitioner may request relief under § 7704 of this title by filing an affidavit or verified petition. (c) A …

§ 7703. Emergency hearings. (a) A law-enforcement officer may request an emergency lethal violence protective order by filing an affidavit or verified petition in Justice of the Peace Court that does both of the following: (1) Alleges that respondent poses an immediate and presen…

§ 7704. Nonemergency hearings. (a) A petitioner may request a lethal violence protective order by filing an affidavit or verified petition in the Superior Court that does both of the following: (1) Alleges that the respondent poses a danger of causing physical injury to self or o…

§ 7705. Termination and renewal. (a) A respondent subject to a lethal violence protective order issued under § 7704 of this title, or renewed under subsection (b) of this section, may submit 1 written request per year during the effective period of the order for a hearing to term…

§ 7706. Return and disposal of a firearm, projectile weapon, or ammunition. If an order issued under this chapter is vacated under § 7704 (e) of this title, terminated under § 7705(a) of this title, or expired and is not renewed, the law-enforcement agency shall return to the res…

§ 7707. Limitation on liability. (a) Nothing in this chapter precludes a petitioner or law-enforcement officer from removing a firearm, projectile weapon, or ammunition under other authority or filing criminal charges when probable cause exists. (b) A law-enforcement officer, who…

§ 7708. Sanctions. (a) Any person who violates a lethal 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 § 7702, § 7703, or § 770…

§ 7709. Rules and regulations. The Supreme Court, Superior Court, Justice of the Peace Court, State Police, State Bureau of Identification, and Delaware Criminal Justice Information System Board of Managers may promulgate rules and regulations to carry out the purposes of this ch…

§ 7801. Short title. This chapter may be cited as the “Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act” or “DUCRUDIIA”.82 Del. Laws, c. 286, § 1;

§ 7802. Definitions. For purposes of this chapter: (1) “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) “Deep fake” means synthetic media where 1 or both of the following applies: a. The synthetic …

§ 7803. Civil action. (a) In this section: (1) “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) “Private” means 1 or more of the following: a. Created or obtained under circumstances in which a depic…

§ 7804. Exceptions to liability. (a) In this section: (1) “Child” means an unemancipated individual who is less than 18 years of age. (2) “Parent” means an individual recognized as a parent under law of this State other than this chapter. (b) A person is not liable under this cha…

§ 7805. Plaintiff’s privacy. In an action under this chapter: (1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. (2) A plaintiff to whom paragraph (1) of this section applies shall file with…

§ 7806. Remedies. (a) In an action under this chapter, a prevailing plaintiff may recover all of the following: (1) The greater of either of the following: a. Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including dam…

§ 7807. Statute of limitations. (a) An action under § 7803(b) of this title for: (1) An unauthorized disclosure may not be brought later than 4 years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence. (2) A threat…

§ 7808. Construction. (a) (1) This chapter must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. § 230. (2) Nothing in this chapter may be construed to impose liability on an interactive computer service, as defined in the Communications Decenc…

§ 7809. 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.82 Del. Laws, c. 286, § 1;

§ 7901. Right of entry. No person shall make an entry into any lands, tenements, or hereditaments, but within 20 years next after the person’s right or title to the same first descended or accrued.Code 1852, § 2733; Code 1915, § 4662; Code 1935, § 5120; 10 Del. C. 1953, § 7901; 7…

§ 7902. Seisin or possession. No person shall have, or maintain any writ of right, or action, real, personal, or mixed, for, or make any prescription, or claim, to, or in, any lands, tenements, or hereditaments, of the seisin, or possession of the person, the person’s ancestor, o…

§ 7903. Extension of rights of infants and other persons under disability. If at any time when a right of entry upon, or action for any lands or tenements first accrues, the person entitled to such entry, or action, is an infant, or mentally ill, or imprisoned, such person, or an…

§ 7904. Successors in title to persons under disability. If the person entitled to an entry or action dies under any of the disabilities specified in this chapter, any other person claiming from, by, or under such person, shall have the same benefit which the person first entitle…

§ 8101. Sheriff’s recognizance or administration bond. No action shall be brought upon the official recognizance of any sheriff, or upon any administration bond, or upon any testamentary bond, against either the principal or sureties, after the expiration of 6 years from the date…

§ 8102. Guardian bond. No action shall be brought upon any guardian bond, against either the principal or sureties, after the expiration of 3 years from the determination or ceasing of the guardianship.Code 1852, § 2738; Code 1915, § 4667; Code 1935, § 5125; 10 Del. C. 1953, § 81…

§ 8103. Recognizance in Chancery Court. No action shall be brought upon any recognizance taken in the Chancery Court, with condition for the payment of the appraised value or purchase money of lands or tenements, against any surety in such recognizance, or the heirs, terre-tenant…

§ 8104. Official bond. No action shall be brought upon the official obligation of any State Treasurer, Secretary of State, county treasurer, register of wills, recorder of deeds, Prothonotary, Clerk of the Peace, Register in Chancery, collector, or constable, against either the p…

§ 8105. Escheator’s bond. No action shall be brought upon the official obligation of an escheator, against either the principal or sureties, after 7 years from the expiration of the escheator’s term of office.Code 1852, § 2741; Code 1915, § 4670; Code 1935, § 5128; 10 Del. C. 195…

§ 8106. Actions subject to 3-year limitation. (a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an in…

§ 8107. Actions subject to 2-year limitation. No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.10 Del. C. 1953, § 8106A; 52 Del. Laws, c. 339, § 1;

§ 8108. Mutual running accounts. In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.Code 1852, § 2743; Code 1915, § 4672; Code 1935, § 5130; 10 Del. C…

§ 8109. Bills and notes. When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action.Code 1852, § …

§ 8110. Mesne profits after ejectment. When, after a recovery in ejectment, an action is brought for mesne profits, if such action is commenced within 6 months after the ejectment, or, if there is an appeal or a writ of error, within 6 months after the affirmance of the judgment,…

§ 8111. Work, labor or personal services [For applicability of section, see 84 Del. Laws, c. 20, § 2]. No action for recovery upon a claim for wages, salary, or overtime for work, labor, or personal services performed, or for damages (actual, compensatory, or punitive, liquidated…

§ 8112. Waste. No action to recover damages for waste shall be brought after the expiration of 3 years from the committing of the waste.Code 1852, § 2746; Code 1915, § 4676; Code 1935, § 5134; 46 Del. Laws, c. 115, § 2; 10 Del. C. 1953, § 8111;

§ 8113. Actions against decedent’s estate. In all actions or claims against an executor or administrator of a decedent’s estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided fo…

§ 8114. Corporate officers’ bonds. No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation, by any officer of such bank or corporation, with condition for the officer’s good behavior, or for the faithful discharge …

§ 8115. Forfeiture under penal statute. No civil action for a forfeiture upon a penal statute, whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of 1 year from the accruing of the cause of suc…