Title 1 — General Provisions

§ 101. Designation and citation of Code. (a) The laws embraced in this title and the following titles, parts, chapters, subchapters and sections, as amended from time to time, shall constitute and be known as the “Delaware Code,” hereinafter referred to as “the Code” or “this Cod…

§ 101A. Designation of the Rules. Rules of practice and procedure adopted by the state and federal courts of Delaware shall constitute and be known as the “Delaware Rules Annotated,” hereinafter referred to as “the Rules.”79 Del. Laws, c. 387, § 1;

§ 102. Effective date of Code. This Code shall become effective upon enactment.1 Del. C. 1953, § 102; 60 Del. Laws, c. 56, § 2;

§ 103. Repeal of prior laws. All codes, and parts thereof, and all laws amendatory thereof and all other statutes, and parts thereof, of a general and permanent nature in effect on December 31, 1974, are repealed unless (1) expressly continued by specific provision of this Code, …

§ 104. Continuation of existing institutions, rights, and liabilities. (a) The repeal of prior laws, provided in § 103 of this title, shall not affect any act done, or any cause of action accruing or accrued, or established, or any suit or proceeding had or commenced in any civil…

§ 105. Effect on private or local acts. No private act, or act of local application, or portion of any prior Code or other statute pertaining to the City of Wilmington, or special act of incorporation, in effect on the date of enactment of this Code, and not revised and brought i…

§ 106. Effect on acts heretofore repealed. No statute which heretofore has been repealed shall be revived by the repeal provided in § 103 of this title.1 Del. C. 1953, § 106;

§ 107. Effect of repeal of validating statutes. The repeal by § 103 of this title of a statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no suc…

§ 108. Distribution of Code, Rules, and supplements. (a) All legislative, executive, judicial, or other state governmental entities or agencies shall have the Delaware Code available electronically. (b) Each state entity or agency desiring printed copies of the Delaware Code, and…

§ 109. Amendments to Code. (a) All laws enacted after May 13, 1975, of a public and general nature, but not local, private or temporary laws, shall be enacted as amendments to the titles of this Code. If the subject matter of any such law is already generally embodied in one of t…

§ 110. Supplements as part of Code. The laws appearing in this Code adopted after the effective date hereof or contained in any current pocket parts or supplements to this Code, printed and published hereafter under contract or otherwise as may be authorized by law, shall constit…

§ 301. Rules of construction and definitions. The rules of construction and the definitions set forth in this chapter shall be observed in the construction of this Code and all other statutes, unless such construction would be inconsistent with the manifest intent of the General …

§ 302. Definitions. In the construction of this Code and of all other statutes of this State, unless the context requires a different meaning: (1) “Adult” or “adult person” means a person of the age of 18 years or older. (2) “Child” means a person who has not reached the age of 1…

§ 303. Words and phrases. Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the English language. Technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law,…

§ 304. Words of number and gender. (a) Words used in the singular number include the plural and the plural includes the singular. (b) Words importing the masculine gender include the feminine as well, except as otherwise clearly indicated by the context. (c) All forms prescribed …

§ 305. Classification and arrangement. The classification and organization of the titles, parts, chapters, subchapters, and sections of this Code, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference or …

§ 306. Analyses of titles, parts, chapters, subchapters and sections; section headings; notes. The various analyses set out in this Code, constituting enumerations or lists of the titles, parts, chapters, subchapters and sections of this Code, and the descriptive headings or catc…

§ 307. References. (a) Unless otherwise indicated in the context, references in this Code to titles, parts, chapters, subchapters or sections shall mean titles, parts, chapters, subchapters or sections of this Code. (b) Whenever any reference is made to any portion of this Code o…

§ 308. Severability of provisions. If any provision of this Code or amendments hereto, or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect the provisions or application of this Code or such amendments that can be give…

§ 401. Short title. This chapter may be cited as the “Uniform Electronic Legal Material Act.”79 Del. Laws, c. 357, § 1;

§ 402. Definitions. In this chapter: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Legal material” means, whether or not in effect: a. The Constitution of Delaware; b. The Laws…

§ 403. Applicability. This chapter applies to all legal material in an electronic record that is designated as official under § 404 of this title and first published electronically on or after October 21, 2014.79 Del. Laws, c. 357, § 1;

§ 404. Legal material in official electronic record. (a) If an official publisher publishes legal material only in an electronic record, the publisher shall: (1) Designate the electronic record as official; and (2) Meet the requirements of §§ 405, 407, and 408 of this title. (b) …

§ 405. Authentication of official electronic record. (a) An official publisher of legal material in an electronic record that is designated as official under § 404 of this title shall authenticate the record. (b) To authenticate an electronic record, the publisher shall provide a…

§ 406. Effect of authentication. (a) Legal material in an electronic record that is authenticated under § 405 of this title is presumed to be an accurate copy of the legal material. (b) If another state has adopted a law substantially similar to this chapter, legal material in an…

§ 407. Preservation and security of legal material in official electronic record. (a) An official publisher of legal material in an electronic record that is or was designated as official under § 404 of this title shall provide for the preservation and security of the record in a…

§ 408. Public access to legal material in official electronic record. An official publisher of legal material in an electronic record that must be preserved under § 407 of this title shall ensure that the material is reasonably available for use by the public on a permanent basis…

§ 409. Standards. In implementing this chapter, an official publisher of legal material in an electronic record shall consider: (1) Standards and practices of other jurisdictions; (2) The most recent standards regarding authentication of, preservation and security of, and public …

§ 410. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.79 Del. Laws, c. 357, § 1;

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

§ 501. Designation (a) The following days shall be legal holidays in this State: (1) January 1, known as New Year’s Day. (2) The third Monday in January, known as Martin Luther King, Jr. Day. (3) Good Friday. (4) June 19, known as Juneteenth. (5) July 4, known as Independence Day…

§ 502. Validity of acts, transactions, legal procedures, etc. No contract made, instrument executed, or act done on any of the legal holidays designated in § 501 of this title shall be thereby rendered invalid, and nothing in that section shall be construed to prevent or invalida…

§ 601. Arbor Day. The following day shall be commemorated in this State by appropriate ceremonies: The last Friday in April, known as Arbor Day.1 Del. C. 1953, § 601; 53 Del. Laws, c. 23.;

§ 602. Delaware Day. The Department of State shall stage suitable and proper celebrations in each county of this State on the 7th day of December of each year commemorating the ratification of the federal constitution by this State.42 Del. Laws, c. 203, § 1; 29 Del. C. 1953, § 37…

§ 603. Native American Day. The following day shall be commemorated in this State by appropriate ceremonies: The first Saturday of September that is after Labor Day, known as Native American Day.71 Del. Laws, c. 168, § 1;

§ 604. Juneteenth National Freedom Day. The following day shall be commemorated in this State by appropriate ceremonies: The third Saturday of June, known as Juneteenth National Freedom Day.72 Del. Laws, c. 269, § 1;

§ 605. March For The Arts in Education. The following month shall be commemorated in this State by appropriate ceremonies: the month of March, known as March for the Arts in Education.74 Del. Laws, c. 180, § 2;

§ 606. Melanoma and Skin Cancer Detection and Prevention Month. The following month shall be commemorated in this State by appropriate ceremonies: the month of May, known as “Melanoma and Skin Cancer Detection and Prevention Month.”77 Del. Laws, c. 35, § 1;

§ 607. Military Spouse Appreciation Day. The following day shall be commemorated annually in this State by appropriate ceremonies: the Friday before Mother’s Day, known as “Military Spouse Appreciation Day.”77 Del. Laws, c. 214, § 1;

§ 608. Vietnam Veterans Day. March 30 shall be known as Vietnam Veterans Day and shall be commemorated in this State by appropriate ceremonies to honor those members of the United States Armed Forces who served in Vietnam or in the Vietnam area of operation.77 Del. Laws, c. 475, …

§ 609. Disability History and Awareness Month. The following month shall be commemorated in this State by appropriate ceremonies: the month of October, known as “Disability History and Awareness Month”. In commemorating such month, public schools are encouraged to informally offe…

§ 610. 6888th Central Postal Directory Battalion Day. March 9 is known as 6888th Central Postal Directory Battalion Day and should be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating this day, ci…

§ 701. Age of majority. A person of the age of 18 years or older on June 16, 1972, and any person who attains the age of 18 years thereafter, shall be deemed to be of full legal age for all purposes whatsoever and shall have the same duties, liabilities, responsibilities, rights …

§ 801. Standard time [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5]. The standard time for this State is the time determined by 15 U.S.C. §§ 260 through 267, however, this State is exempt from 15 U.S.C. § 260a (regarding the advancement of time) and instead…