Title 12, Title 12: Court Procedure

§ 1913. Blockchain enabling (a) As used in this section: (1) “Blockchain” means a cryptographically secured, chronological, and decentralized consensus ledger or consensus database maintained via internet, peer-to-peer network, or other interaction. (2) “Blockchain technology” me…

§ 1941. Jury challenges; peremptory and for cause Upon the trial of a cause in any court, each party, including the State, may peremptorily challenge six jurors and any further number for cause.

§ 1943. Confinement and care of jury When the court has committed a cause to its consideration, the jury shall be confined until it agrees on a verdict or is discharged. While so confined, the jury shall be under the care of an officer appointed by the court and sworn for that pu…

§ 1944. Appointment of jury foreman In the trial of a cause in the Superior Court by jury, the court shall appoint one of the jurors foreman at the time such cause is submitted. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 1945. Return of jury for further consideration If the judges of the Superior Court before whom a cause is tried consider that the jury has mistaken the law or evidence material to the issue or has not paid proper attention thereto, they may cause it to return to a second and th…

§ 1947. Treating jurors; new trial A verdict shall be set aside and a new trial granted on proof that a party in whose favor such verdict is rendered and during the same term of court, gives to a juror, knowing him or her to be a juror in the cause, victuals or drink or procures …

§ 1948. View of premises by jury When on the trial of a cause in the Superior Court for damages to real estate, or in an action in which the title to land is concerned, it is necessary that a view be had of the premises, on motion of either party, the court may grant such view at…

§ 2131. Costs in Supreme Court In all causes of a civil nature disposed of in the Supreme Court, the prevailing party shall be entitled to costs, unless in its discretion, the Court shall apportion costs as equity may require.

§ 2136. Costs in Supreme and Superior Courts when nominal damages are recovered When the plaintiff in an action in Superior or Supreme Court recovers judgment for a nominal sum for debt or damages, in its discretion, the court may make such order in respect to plaintiff’s costs a…

§ 2137. Costs exceeding damages Unless the plaintiff recovers more than $7.00 damages in actions for trespass on the freehold, other than those in which the right of title or possession of real estate comes in question, actions for slanderous words, actions for assault and batter…

§ 2139. Tender of confession of judgment When a debtor, before or after an action is commenced, tenders to the creditor or to his or her agent or attorney holding the obligation or account against such debtor, a confession of judgment before a district judge for the amount of the…

§ 2142. Apportioning costs in case of several issues or claims When an action pending in a District or Superior Court or in the Supreme Court involves the trial of several and distinct issues or of several and distinct claims, in taxing the costs, the court shall allow to each pa…

§ 2143. Actions which might have been joined If more than one action founded on a joint and several contract, or on different contracts between the same parties, are pending in a court at the same time, in its discretion, the court shall allow only such costs as are equitable bet…

§ 2144. Two judgments at one term; motion to chancer or redeem Unless there is a hearing on motion for a new trial, costs shall not be taxed for two judgments in one action at the same term nor shall costs be taxed on a motion to chancer or redeem, other than as provided by law.

§ 2145. Action on receipt for property levied upon Costs shall not be allowed the plaintiff in an action founded upon a receipt given to an officer for property taken by virtue of a writ of execution, unless the defendant delays final judgment by obtaining a continuance or enteri…

§ 2146. Account which might have been adjusted in former action In an action founded on book account, a defendant who has personal notice of the action and neglects to present his or her account against the plaintiff and have it adjusted in such action, shall not recover costs in…

§ 2147. Action on judgment upon which execution might have issued A person commencing an action founded on a judgment rendered in this State, upon which at the time of bringing his or her action execution might issue, shall not recover costs, if the court before whom it is brough…

§ 2148. Consolidation of actions against directors (a) In all causes brought to the same Superior Court in favor of different creditors of a corporation against the directors thereof, or some of them jointly, based upon the provisions of the act or articles of incorporation, or a…

§ 2150. Actions on negotiable paper or nonnegotiable choses in action In an action brought on a negotiable note or bill or on a nonnegotiable chose in action, the plaintiff shall not recover more costs than would have been taxed if the action had been brought in the name of the o…

§ 2151. When defendant pleads bankruptcy and prevails In actions in which the bankruptcy of the defendant is set up in defense, and the defendant prevails solely by reason of such answer, the court may allow or disallow costs against the plaintiff.

§ 2152. Penalty for taxing or taking illegal costs or fees A clerk of a court who, in taxing costs, knowingly includes a greater sum than is provided for by law, or a person practicing before a court who knowingly makes up, takes, or receives a greater sum in costs than is provid…

§ 2357. Appeals in probate proceedings—Fraud, accident, or mistake When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may g…

§ 2358. Service of petition; time limitation The petition shall be filed and served on the adverse party like a summons and complaint. The adverse party shall file and serve an answer. The petition shall not be sustained unless it is preferred within two years after the alleged f…

§ 2362. Recognizance on petition to enter an appeal A petition to enter an appeal shall not issue until a Justice of the Supreme Court, the presiding judge, or a district judge of the court having jurisdiction of the same, as the case may be, has taken sufficient security by way …

§ 2363. Stay of proceedings; bail and liens not affected In his or her discretion, a justice or judge of the court having jurisdiction of such petition, by an order signed by him or her, may direct a stay of proceedings on the judgment, whether execution has issued or not, until …

§ 2365. Copy of process and recognizance to be filed The magistrate ordering a stay of proceedings shall take a copy of the process and recognizance, and file the same in the office of the clerk of the court to which the petition is made returnable or with the judge of the court,…

§ 2366. Failure to prosecute petition If the petition is not served or filed within such time as the Supreme Court may by rule provide for the service or filing of the complaint in a civil action in a Superior Court, the action may be dismissed on motion and notice. The Court sha…

§ 2383. Time for filing notice of appeal Except as otherwise provided by law, a notice of appeal shall be filed within 30 days from the date of the entry of any appealable judgment, order, ruling, decree or sentence of any court, commission, board, agency, or department of the St…

§ 2386. Passing causes before final judgment (a) Before final judgment in civil actions or proceedings in the Superior Courts, an appeal to the Supreme Court for the determination of questions of law may be taken in such manner and under such conditions as the Supreme Court may b…

§ 2422. Appeal by State In a suit or prosecution in the name of the State, tried in the Superior Court, the determination of which may affect the title to the property or right of property of the State or a right or franchise of the State or of the public, an appeal may be taken …

§ 2432. Passing causes to Supreme Court; recognizance in ejectment cases In actions brought under the provisions of sections 4851-4853 of this title, within three business days after judgment, the appealing party shall give security to the other party by way of recognizance or bo…

§ 2497. Limitation of time for proceedings in certiorari Proceedings in certiorari shall be commenced within one year after the rendition of the judgment or order to review which proceedings are commenced. If a person entitled to bring proceedings is, at the time the judgment or …

§ 2551. Supreme Court jurisdiction of probate proceedings in Superior Courts The Supreme Court shall have jurisdiction of questions of law arising in the course of the proceedings of the Superior Courts in probate matters, as in other causes. (Amended 1973, No. 193 (Adj. Sess.), …

§ 2553. Appeals to Civil Division; appellate jurisdiction The Civil Division of the Superior Court shall have appellate jurisdiction of matters originally within the jurisdiction of the Probate Division of the Superior Court, except as herein otherwise provided. (Amended 1973, No…

§ 2555. Appeal to Civil Division Except as otherwise provided, a person interested in an order, sentence, decree, or denial of a Probate Division of the Superior Court, who considers himself or herself injured thereby, may appeal therefrom to the Civil Division of the Superior Co…

§ 2556. Appeal from commissioners (a) In the two following cases, an executor, administrator, or creditor may appeal to the Superior Court from the decision and report of the commissioners, if notice of appeal is filed with the clerk of the Superior Court appealed to within 30 da…

§ 2561. Appeal by creditor, devisee, legatee or heir When an executor or administrator declines to appeal from the decision of the commissioners, a person interested in the estate as creditor, devisee, legatee, or heir may appeal from such decision as the executor or administrato…

§ 2567. Costs on appeal If costs are taxed against an executor or administrator on appeal to the Supreme or Superior Court, they shall be allowed to him or her in his or her administration account. (Amended 1971, No. 185 (Adj. Sess.), § 61, eff. March 29, 1972; 1973, No. 193 (Adj…

§ 2681. Executions in Supreme and Superior Courts; time (a) The Supreme and Superior Courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains…

§ 2682. Names of attorneys to be indorsed The name of an attorney of record for the plaintiff, and for the defendant, if any, shall be indorsed on such execution by the officer signing the same.

§ 2683. Executions on judgments of District Courts; time Executions issued upon a judgment rendered by a District Court shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight ye…

§ 2684. Collection of execution enjoined, time not reckoned When the collection of an execution in the hands of an officer is enjoined, such officer may retain the same. If the injunction is vacated, the time between the issuing and vacating thereof shall not be included in count…

§ 2685. Continuance of subsequent attachments If attached property is encumbered by a prior attachment, the subsequent attachment shall continue after the removal of the encumbrance for such time as the Supreme Court may by rule provide for the continuance of attachments generall…

§ 2686. Execution for subsequent attaching creditor (a) When a subsequent attaching creditor recovers judgment while a prior action is pending, on which the same property is attached, he or she may take an execution on such judgment at any time within 30 days after all prior atta…

§ 2688. Officer to endorse time of receiving; preference When an execution issued on a judgment is received by an officer authorized by law to levy and serve the same, he or she shall endorse thereon, without fee, the day of the month and year when he or she received it. If two o…

§ 2689. Officer to demand payment Such officer shall repair to the debtor’s usual place of abode, if within his or her precinct, and demand of the debtor the sum required to be levied by such execution, with the interest thereon, and the charges for serving the same.