Title 10, Courts and Judicial Procedure

§ 105. Payment of expenses. The payment of the compensation of the Clerk and all other persons appointed or employed by the Court or any Justice thereof under the provisions of subchapter II of this chapter, and the payment for supplies, equipment and other necessary expenses of …

§ 121. Clerk of Supreme Court; bond; duties generally. (a) Every Clerk of the Supreme Court duly appointed, shall, after being appointed and before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the pe…

§ 122. Cancellation of Clerk’s bond. The bond of the Clerk of the Supreme Court provided for in § 121 of this title shall be canceled 3 years after the expiration of the Clerk’s term of office and shall, after such time cease to be a lien on any property of any kind of the Clerk …

§ 123. Court reporter; stenographic and clerical assistants. The Supreme Court may from time to time employ a court reporter and such additional stenographic and clerical assistants as may be necessary for the proper operation of the Court. Any such persons shall receive for thei…

§ 124. Office secretaries. Each Justice of the Supreme Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be …

§ 125. Certification of appointments. The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the…

§§ 126, 127. Deputy Administrator for Justices of the Peace; powers of the Deputy Administrator [Repealed]. Repealed by 62 Del. Laws, c. 52, § 1, effective June 1, 1979.

§ 128. Administrative Office of the Courts. (a) The Administrative Office of the Courts is hereby created with a State Court Administrator as head thereof. (b) The State Court Administrator shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court …

§ 129. Law clerks. Law clerks hold major, nontenured advisory positions for the Justices of the Court. The Supreme Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.78 Del. Laws, c. 51, § 1;

§ 141. Advisory opinions of Justices upon request of Governor and General Assembly. (a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by resolution require it for public information, or to enable them…

§ 142. Writs of certiorari. Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of the Court without petition therefor or the allocatur of any Judge or order of the Court.21 Del. Laws, c. 118…

§ 143. Time for appeal from interlocutory order or decree. No appeal from an interlocutory order, judgment or decree shall be received in the Supreme Court, unless such appeal is filed in the Supreme Court within 30 days after such order, judgment or decree is entered.Code 1852, …

§ 144. Failure to appeal from interlocutory order; consideration on final appeal. A failure to appeal from an interlocutory order, judgment or decree of the Court of Chancery or Superior Court shall not bar a party from making any objection to such interlocutory order, judgment o…

§ 145. Time for appeal from final judgment of the Court of Chancery. No appeal from a final judgment or decree of the Court of Chancery shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof w…

§ 146. Time for appeal of infants or mentally incompetent persons not represented by a guardian or trustee. When an infant or a mentally incompetent person is a party to an action and was not represented in the action in the lower court by a guardian ad litem, general guardian or…

§ 147. Time for appeal from Superior Court in criminal actions. (a) Except as provided in paragraph (b) of this section, no appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly fi…

§ 148. Time for appeal from final judgment of the Superior Court in civil actions. No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of …

§ 149. Time for cross-appeal in civil actions. In any civil action where a timely notice of appeal to the Supreme Court is filed by a party, any other party may file a notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the time oth…

§ 150. Time for appeal from Superior Court in concealed carry permit actions. Any applicant or licensee may, at any time within 30 days from the date of any adverse decision or action of the Superior Court made pursuant to its administration of the provisions of § 1441 of Title 1…

§ 161. Rules of Court and special orders. (a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular and…

§ 162. Judgment docket; indices. Whenever a judgment is entered, or signed, in the Supreme Court, the Clerk of that Court shall set down on the docket thereof, the day, month and year of actually entering or signing it. The Clerk shall also keep 2 indices to his or her judgment d…

§ 163. Prepayment, and bill of costs; refunds; penalty for neglect by Clerk. The plaintiff or appellant, shall, on docketing a cause in the Supreme Court, pay the Clerk such fee as the Supreme Court shall have prescribed by its Rules. Upon the determination of the cause, the Cler…

§ 301. Places of holding Court. The Court of Chancery shall be held: (1) In New Castle County, at Wilmington; (2) In Kent County, at Dover; and (3) In Sussex County, at Georgetown.Code 1852, § 1910; 16 Del. Laws, c. 133, § 5; Code 1915, § 3683; Code 1935, § 4235; 10 Del. C. 1953,…

§ 302. Terms of Court. The Court of Chancery in and for each county of the State shall have 1 term each year which shall coincide with the calendar year.Code 1852, § 1910; 17 Del. Laws, c. 216; 19 Del. Laws, c. 256; 21 Del. Laws, c. 120; 22 Del. Laws, c. 450; Code 1915, § 3684; C…

§ 303. Disqualification of Chancellor and Vice-Chancellor. Neither the Chancellor nor any Vice-Chancellor shall sit in any cause in which his or her parent, grandparent, child, grandchild, brother, or sister, nephew, or niece, uncle or aunt, brother-in-law, or son-in-law, is a pa…

§ 304. Salaries of Chancellor and Vice-Chancellors. The Chancellor and each Vice-Chancellor shall receive such compensation as shall be provided by law.Code 1852, § 467; 26 Del. Laws, c. 58; Code 1915, § 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, § 369; 46 Del. Law…

§ 305. Purchase of supplies. The Chancellor may from time to time purchase for the Court such furniture, equipment, law books, stationery and other supplies as may be requisite for the proper operation of the Court.10 Del. C. 1953, § 305; 50 Del. Laws, c. 67, § 6;

§ 306. Payment of expenses. The payment of the compensation of all persons appointed or employed by the Court under the provisions of this chapter and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Judges and…

§ 307. Additional Vice-Chancellors. In addition to the Chancellor specifically required by article IV, § 2 of the Delaware Constitution, the Court of Chancery consists of 6 Vice-Chancellors.10 Del. C. 1953, § 307; 53 Del. Laws, c. 5, § 1; 64 Del. Laws, c. 218, § 1; 67 Del. Laws, …

§ 321. Register in Chancery [Repealed]. Repealed by 73 Del. Laws, c. 91, § 5, effective Jan. 1, 2002.

§ 322. Court reporters. The Chancellor shall have power from time to time to appoint and remove at pleasure such number of skilled and competent stenographers, to be designated as court reporters, as shall be necessary for the proper operation of the Court, together with such add…

§ 323. Office secretaries. Each of the Judges of the Court of Chancery may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render to such Judge such clerical, stenographic, typewriting and secretarial service…

§ 324. Temporary appointments. If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Chancellor may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time …

§ 325. Court reporters’ charges. The Chancellor may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.23 Del. Laws, c. 76; 24 Del. Laws, c. 119; Code 1915, § 3888; 30 Del. Laws, c. 224; 35…

§ 326. Bailiffs, criers and pages; compensation; duties. The Chancellor may appoint and remove at pleasure such number of bailiffs, criers and pages as shall be necessary for the proper operation of the Court, not to exceed 1 bailiff, 1 crier and 1 page in each of the several cou…

§ 327. Certification of appointments. The Chancellor shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized under the provisions of this chapter, the several dates of their appoin…

§ 328. Budgetary powers of Supreme Court. Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.10 Del. C. 1953, § 328; 50 Del. Laws, c. 67, § 8;

§ 329. Law clerks. Law clerks hold major, nontenured advisory positions for the Chancellor and Vice-Chancellors of the Court. The Court of Chancery may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.10 Del. C. 1…

§ 341. Matters and causes in equity. The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 341;

§ 342. Adequate remedy in other courts. The Court of Chancery shall not have jurisdiction to determine any matter wherein sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State.Code 1852, § 1933; Code 1915, § 3844; Code 1935, …

§ 343. Injunctions staying actions at law, or to prevent waste. The Court of Chancery may grant injunctions for staying actions at law, and to prevent waste, as there may be occasion.Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 343;

§ 344. Proceedings in chambers. All jurisdiction and powers of the Court of Chancery may be exercised in chambers.10 Del. C. 1953, § 344;

§ 345. Power to invest moneys and take security. The Court of Chancery may, in the securing or investing of a sum or sums of money under orders of the Court, cause to be taken for the same, in any case not otherwise provided for by law, a recognizance, bond or mortgage in the nam…

§ 346. Technology disputes. (a) Notwithstanding any other provision in this Code, and without limiting the jurisdiction vested in any court in this State, the Court of Chancery shall have power to mediate and jurisdiction to hear and determine technology disputes as defined herei…

§ 347. Mediation proceedings for business disputes. (a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall have the power to mediate business disputes when: (1) The parties have consented to the mediation by the Court of Chancery by agreemen…

§ 348. Disputes involving deed covenants or restrictions. (a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall, through a Magistrate in Chancery or such other person as may be appointed that Magistrate in Chancery’s designee, mediate dispu…