Title 10 — Courts and Judicial Procedure

§ 1801. Short title. This chapter is known and may be cited as the “Emergency Interim Judicial Succession Act.”10 Del. C. 1953, § 1801; 53 Del. Laws, c. 149; 81 Del. Laws, c. 449, § 1;

§ 1802. Statement of policy. The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices if regular judges are unavailable. The Ge…

§ 1803. Definitions. As used in this chapter: (1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the us…

§ 1804. Special emergency judges. (a) A special emergency judge may exercise the powers and discharge the duties of an office under this chapter if both of the following apply: (1) If a judge appointed under Article IV, § 2 of the Delaware Constitution is unavailable to exercise …

§ 1805. Formalities of taking office. (a) At the time of an individual’s designation as a special emergency judge, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may s…

§ 1806. Period in which authority may be exercised. (a) An individual authorized to act as a special emergency judge may exercise the powers and discharge the duties of an office under this chapter as authorized in this chapter only after an emergency event has occurred. (b) The …

§ 1807. Removal of designees. Until an individual who is designated as a special emergency judge is authorized to exercise the powers and discharge the duties of an office under this chapter, the individual serves at the pleasure of the Governor and may be removed or replaced by …

§ 2001. Short title. This chapter shall be known and may be cited as the “Judicial Emergency Act.”77 Del. Laws, c. 30, § 1;

§ 2002. Statement of policy. The State or areas thereof could suffer future catastrophic damage through the occurrence of emergencies and disasters resulting from terrorism, enemy attack, or other hostile action, or from disease, fire, flood, earthquake, accident, or other natura…

§ 2003. Definitions. As used in this chapter: (1) “Affected court facility” means any court facility for which the Chief Justice has made a determination that emergency sessions shall be conducted outside the county in which it normally operates. (2) “Chief Justice” means the Chi…

§ 2004. Authority of Chief Justice to declare a judicial emergency; contents of order; duration of order. (a) The Chief Justice shall, in consultation with those other members of the Supreme Court who are available, have the authority, by order, to declare a judicial emergency wh…

§ 2005. Emergency sessions of court. (a) When the Chief Justice makes the determination that a court shall conduct proceedings outside its county, the Chief Justice may order emergency sessions of court in another county. In making this determination, the Chief Justice shall make…

§ 2006. Venue for affected court facilities. (a) If an affected court facility is ordered to conduct sessions in a different county, the host county shall be a proper venue for civil and criminal actions to the same extent as if the affected court were operating in its original c…

§ 2007. Extension of deadlines. (a) The Chief Justice, in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing …

§ 2008. Use of audiovisual devices. During a judicial emergency, the Chief Justice is authorized to permit, by order, the use of audiovisual devices for all civil and criminal proceedings except trial by jury, whether or not such use is currently permitted by statute or court rul…

§ 2009. Other emergency powers. The Chief Justice shall have the authority to take such other actions as the Chief Justice reasonably believes are necessary to provide for the continued operation of the courts during a judicial emergency.77 Del. Laws, c. 30, § 1;

§ 2010. Preemption of conflicting provisions. The provisions of this chapter shall preempt and supersede but not repeal any conflicting provisions of this Code or any other provision of law.77 Del. Laws, c. 30, § 1;

§ 2101. Compensation. The Sheriffs of New Castle, Kent and Sussex Counties shall only receive compensation for the performance of their official duties in the form of an annual salary as fixed by their representative county governments. The New Castle County government, the Kent …

§ 2102. Deputies and clerks. The sheriffs in the respective counties may select and employ deputies listed below: Kent and Sussex Counties: such chief deputy, deputies and clerks as are authorized by the Levy Court or County Council of the county, at compensation fixed by such Le…

§ 2103. Sheriffs and regular deputies. Sheriffs and deputy sheriffs shall not have any arrest authority. However, sheriffs and deputy sheriffs may take into custody and transport a person when specifically so ordered by a judge or commissioner of Superior Court.23 Del. Laws, c. 6…

§ 2104. Attendance on courts; duties of Sheriff of Kent County as to Supreme Court. (a) The sheriff of each county, in person or by a deputy, shall attend the several courts of law and equity during every term thereof in the sheriff’s county. The neglect of this duty shall be dee…

§ 2105. Summoning jurors and witnesses. The sheriffs of the respective counties are required, as often as there may be occasion, to summon all inquests or jurors, which sheriffs ought to summon, and witnesses necessary for executing justice. For every neglect or default under thi…

§ 2106. Sale of property under execution process; records. (a) The sheriffs of the respective counties shall procure proper books and enter therein the disposition of all moneys arising from the sale of property under execution process, when the same is applicable otherwise than …

§ 2107. Endorsement on documents of sheriffs’ fees. The sheriff shall endorse and return upon every writ, process or copy of an order of court, directed to or executed by the sheriff, the fees prescribed by law for all services under the same, specifying particularly every item. …

§ 2108. Entry of constable’s sales. The sheriff of each county shall, upon the receipt of an advertisement from any constable of the county, enter the time and place of such sale, the name of the defendant and constable.14 Del. Laws, c. 379; Code 1915, § 1339; Code 1935, § 1517; …

§ 2109. Reception of sum due on capias ad satisfaciendum. Upon arresting a defendant on a writ of capias ad satisfaciendum, the sheriff shall receive the sum due thereon if offered.Code 1852, § 586; Code 1915, § 1336; Code 1935, § 1514; 10 Del. C. 1953, § 2109;

§ 2110. Penalty for nonpayment of funds collected. If any sheriff neglects to pay, according to the condition of the sheriffs’ recognizance, any money collected by the sheriff, at the time when the same is payable, the sheriff shall pay to the party entitled to the same, in addit…

§ 2111. Payment of funds into court. Where several persons claim money collected by a sheriff, or where the person entitled to receive it resides out of the sheriff’s bailiwick, and has no lawful attorney within the same, the sheriff may bring the money into the court from which …

§ 2112. Mileage fees. The sheriff of each county at the end of each month shall present to the receiver of taxes and county treasurer or the Department of Finance an itemized and verifiable account of all mileage travelled in the performance of every official duty when travelled …

§ 2113. Administering oaths by deputies. Deputies 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 deputy, whose appointment is recorded…

§ 2114. Fish and Wildlife Agent [Repealed].26 Del. Laws, c. 162, § 7; Code 1915, § 1345; Code 1935, § 1518; 10 Del. C. 1953, § 2114; 70 Del. Laws, c. 221, §§ 1, 2; repealed by 78 Del. Laws, c. 266, § 17, eff. June 19, 2012.;

§ 2301. Compensation. The salaries of the prothonotaries in each county shall be established in accordance with Chapter 33 of Title 29.23 Del. Laws, c. 60, § 7; Code 1915, § 1438; 40 Del. Laws, c. 139, § 1; Code 1935, § 1597; 44 Del. Laws, c. 98, § 1; 45 Del. Laws, c. 138, § 1; 4…

§ 2302. Deputies and clerks. (a) In each county the Judges of the Superior Court resident in the county shall name a chief deputy prothonotary who shall perform such duties as shall from time to time be assigned by such Judges. The compensation of each such chief deputy shall be …

§ 2303. Entry of judgments. (a) Whenever a judgment is entered or signed in the Superior Court (except judgments on verdict when entered before the end of the term next after that in which the verdict is given), the prothonotary shall set down on the docket the day, month, and ye…

§ 2304. Judgment indices. (a) The prothonotary shall keep to every docket of the prothonotary’s office in which judgments are entered or signed, except the appearance docket, 2 indices of such judgments, the one of the plaintiffs’ names in alphabetical order of the surnames, in c…

§ 2305. Penalties for neglect of duty. Whoever, being a prothonotary, neglects any duty enjoined by § 2303 or 2304 of this title, shall be fined in such amount or imprisoned for such term, as the court, in its discretion, may determine. The prothonotary shall further be answerabl…

§ 2306. Entry of judgment by confession. (a) A judgment by confession may be entered by the prothonotary, either for money due or to become due, or to secure the obligee against a money contingent liability, or both, on the application by the obligee or assignee of a bond, note o…

§ 2307. Attachment index in New Castle County. The Prothonotary for New Castle County shall keep an indirect index in a docket for that purpose of all writs of foreign and domestic attachment which are issued from the court, and index the same at the time they are so issued. The …

§ 2308. Mechanics’ Lien Docket. The prothonotary shall keep a Mechanics’ Lien Docket and make all entries therein as provided by § 2724 of Title 25.16 Del. Laws, c. 145, § 3; Code 1915, § 3770; Code 1935, § 4292; 10 Del. C. 1953, § 2308;

§ 2309. Partnership and Association Docket. The prothonotary shall keep a Partnership and Association Docket, make all entries therein and perform all the duties relative to partnership and association certificates, as provided by § 3103 of Title 6.25 Del. Laws, c. 146, § 3; Code…

§ 2310. Certification of scire facias on mortgage [Repealed]. Repealed by 72 Del. Laws, c. 26, § 2, effective May 12, 1999.

§ 2311. Certification of sheriff’s return on levari facias; fees [Repealed]. Repealed by 72 Del. Laws, c. 26, § 3, effective May 12, 1999.

§ 2312. Certification of fines; penalty. (a) The prothonotary, within 30 days after the end of every term of the Superior Court in the prothonotary’s county, shall transmit to the Auditor of Accounts an abstract, certified under his or her hand and seal of office, of every case i…

§ 2313. Furnishing copies of sentences in criminal cases. The prothonotary shall deliver a copy of every sentence in a criminal case to the board, warden or other authority having the control and administration of the prison to which the prisoner is sentenced.Code 1852, § 141; 21…

§ 2314. Advance costs. The prothonotary shall require the advance payment of costs as provided in §§ 3102 and 8705 of this title.Code 1915, § 3774; Code 1935, § 4296; 10 Del. C. 1953, § 2314;

§ 2315. Affidavits. The prothonotary may take all affidavits to be used in the Superior Court.Code 1915, § 3775; Code 1935, § 4297; 10 Del. C. 1953, § 2315; 11 Del. Laws, c. 225, § 5;

§ 2316. Purchase or contract for witness fees; penalty. The prothonotary shall not, directly or indirectly, purchase or contract for the fees of any witness attending the Superior Court. Any fees, so purchased, shall be forfeited. Any prothonotary who purchases such fees shall be…

§ 2317. Juries [Repealed]. Repealed by 60 Del. Laws, c. 225, § 1.

§ 2318. Entry of letter “S” in judgment index upon satisfaction. When satisfaction of a judgment is made by entry, or otherwise, the prothonotary shall write the letter “S” in the index opposite the names of the parties in such judgment.13 Del. Laws, c. 132, § 3; Code 1915, § 377…

§ 2319. Notation of satisfaction of judgments. (a) When any judgment in the Superior Court appears, by the return of any execution thereon, to be wholly or partially satisfied, the prothonotary shall note that fact on the record of the judgment, as required by §§ 4755 and 4756 of…