General Provisions Applicable to Courts and Judges

Del. Code tit. 10, ch. 19

in effect

Del. Code tit. 10, § 1901 State of the judiciary message.

The Chief Justice of the Supreme Court shall, from time to time, give to the General Assembly information of affairs concerning the state of the judiciary, and recommend to its consideration such measures as the Chief Justice shall deem expedient.

Del. Code tit. 10, § 1902 Removal of actions from courts lacking jurisdiction.

No civil action, suit or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original proceeding or on appeal. Such proceeding may be transferred to an appropriate court for hearing and determination, provided that the party otherwise adversely affected, within 60 days after the order denying the jurisdiction of the first court has become final, files in that court a written election of transfer, discharges all costs accrued in the first court, and makes the usual deposit for costs in the second court. All or part of the papers filed, or copies thereof, and a transcript of the entries, in the court where the proceeding was originally instituted shall be delivered in accordance with the rules or special orders of such court, by the prothonotary, clerk, or register of that court to the prothonotary, clerk or register of the court to which the proceeding is transferred. The latter court shall thereupon entertain such applications in the proceeding as conform to law and to the rules and practice of such court, and may by rule or special order provide for amendments in pleadings and for all other matters concerning the course of procedure for hearing and determining the cause as justice may require. For the purpose of laches or of any statute of limitations, the time of bringing the proceeding shall be deemed to be the time when it was brought in the first court. This section shall be liberally construed to permit and facilitate transfers of proceedings between the courts of this State in the interests of justice.

Del. Code tit. 10, § 1902A Removal of criminal actions from courts lacking criminal jurisdiction.

(a) “Court of competent jurisdiction” shall mean the state court where criminal jurisdiction lies under either Title 4, Title 11 or any other Delaware statute vesting criminal jurisdiction. (b) “State court” shall mean the Justice of the Peace Courts, Family Court, or Court of Common Pleas. (c) No criminal action, complaint, or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without criminal jurisdiction. Upon certification by the Criminal Clerk of Court to the sitting judge of the court in which the complaint, action, or other proceeding is pending averring that the court is without criminal jurisdiction, the judge may administratively issue an Order of Transfer and transfer the criminal proceeding to the court of competent criminal jurisdiction. (d) Likewise, at any time during the proceedings pending of a criminal action, complaint or other proceeding and the prosecution or defense counsel presents an oral or written motion to the judge indicating that the court where the proceedings are pending lacks criminal jurisdiction, the judge shall issue an Order of Transfer to the state court which has criminal jurisdiction. The case shall then be forthwith be transferred by the criminal clerk to the court of competent criminal jurisdiction. (e) In both subsections (c) and (d) of this section, the bond and all pretrial conditions by a state court imposed upon the defendant shall remain in full force and effect and shall not be discharged pending transfer. (f) The transfer of a pending criminal action, complaint, other proceeding under this statute shall be made only when the court lacks criminal jurisdiction.

Del. Code tit. 10, § 1903 Change of location for sickness or other cause.

The Justices of the Supreme Court, the Chancellor and Vice-Chancellors and the Judges of the Superior Court, and the judge or judges of any other court, as the case may be, may, on account of the prevalence of contagious diseases or epidemics, or for other sufficient cause, appoint a different place for holding a term of their respective courts, and may make all necessary rules and orders to effect any such temporary change, and for the return of process, and the continuance of proceedings. Such temporary change may be made, in the case of the Supreme Court, to any place within this State, and, in the case of any other court referred to in this section, to any place in the county in which the court is held.

Del. Code tit. 10, § 1904 Removal of records and papers in case of necessity.

In case of invasion of this State, or other necessity, any 2 of the judges of the State may remove the public records and papers to a place of safety, to be returned as soon as the safety thereof will admit. The officer having custody of such records shall accompany them; and may do the business of the office at the place to which they are removed. As used in this section, “judges” includes the Justices of the Supreme Court, the Chancellor and Vice-Chancellors, and the President Judge and the Judges of the Superior Court.

Del. Code tit. 10, § 1905 Adjournments of terms of court.

Any court of this State may, from time to time, adjourn over any of the terms of such court for the purpose of hearing or trying causes, or doing other business necessary for expediting and ending actions or proceedings.

Del. Code tit. 10, § 1906 Admission of attorneys.

There may be a competent number of persons, of an honest disposition and learned in the law, admitted by the Supreme Court of the State to practice as attorneys in the State. Attorneys, so admitted, shall behave themselves justly and faithfully in their practice; and if they misbehave themselves therein, they shall be subject to such disciplinary measures as the Supreme Court, in its discretion, may determine. Such attorneys may commence actions, prosecute and defend suits, draw writs, process and pleadings, and practice generally in all the courts of this State without further authority.

Del. Code tit. 10, § 1907 Oath of attorneys-at-law.

Every attorney-at-law, upon admission to the Bar of this State, shall take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Delaware; that I will behave myself in the office of an attorney within the Court according to the best of my learning and ability and with all good fidelity, as well to the Court as to the client; that I will use no falsehood, nor delay any person’s cause through lucre and malice.”

Del. Code tit. 10, § 1908 Temporary assignment of Judges to statutory courts.

(a) In case of need, the Chief Justice of the Supreme Court, or in case of the Chief Justice’s absence from the State or incapacity, the Senior Justice of the Supreme Court, present in the State and capable of acting, may designate one or more of the state judges, including the Justices of the Supreme Court and the Judges of the Superior Chancery and Common Pleas Court, to sit in any court of this State not created by the Constitution. (b) The state judge designated pursuant to subsection (a) of this section shall serve as a judge of the court designated and shall hear and determine such causes in such court and for such period of time as shall be designated.

Del. Code tit. 10, § 1909 Appointment of judges.

All judges of this State or any of its subdivisions shall be appointed by the Governor, by and with the consent of a majority of all members elected to the Senate, for such terms as shall be fixed by the Delaware Constitution or by state law.

Del. Code tit. 10, § 1921 Definitions.

As used in this subchapter: (1) “Family” means as defined in § 901 of this title. (2) “Government agency” includes all agencies, authorities, boards, commissioner, departments, institutions, offices, and any other bodies of the State created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; and agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district. (3) “Home address” includes a judicial officer’s permanent residence and any secondary residence affirmatively identified by the judicial officer, but does not include a judicial officer’s work address. (4) “Judicial officer” includes any active, formerly active, or retired: a. Chief Justice or Justice of the Supreme Court. b. Chancellor, Vice Chancellor or Magistrate of the Court of Chancery. c. President Judge, Judge or Commissioner of the Superior Court. d. Chief Judge, Judge or Commissioner of the Court of Common Pleas. e. Chief Judge, Judge or Commissioner of the Family Court. f. Chief Magistrate or Justice of the Peace of the Justice of the Peace Court. (5) “Person” means as defined in § 302 of Title 1. (6) “Personal information” means a home address, home telephone number, mobile telephone number, direct telephone number to a judicial officer’s private chambers, personal e-mail address, social security number, federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18. (7) “Publicly available content” means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act [Chapter 100 of Title 29]. (8) “Publicly post” or “publicly display” means to communicate to another or otherwise make available to the general public. (9) “Written request” means written notice signed by a judicial officer or a representative of the judicial officer’s employer requesting a government agency or person to refrain from posting or displaying publicly available content that includes the personal information of the judicial officer or of their family.

Del. Code tit. 10, § 1922 Public display or public posting of a judicial officer’s personal information by government agencies.

Government agencies may not publicly post or publicly display content that includes the personal information of the judicial officer or their family if the judicial officer has made a written request under § 1924 of this title that the government agency not disclose such personal information. After a government agency has received a written request, that agency shall remove the personal information from publicly available content within 72 hours. After the government agency has removed the judicial officer’s personal information from publicly available content, the agency shall not publicly post, display or otherwise release the information unless the government agency has received the judicial officer’s consent to make the personal information available to the public.

Del. Code tit. 10, § 1923 Public display or public posting of a judicial officer’s personal information by persons.

(a) Prohibited conduct. — (1) No person shall publicly post or publicly display the personal information of a judicial officer or their family if the judicial officer has made a written request under § 1924 of this title of that person not to disclose such personal information. (2) No person shall share, solicit, sell, or trade the personal information of a judicial officer or their family with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or their family. (b) Required conduct. — (1) After a person has received a written request from a judicial officer to protect the personal information of the judicial officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory. (2) After a person has received a written request from a judicial officer, that person shall ensure that the judicial officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person. (3) After receiving a judicial officer’s written request, a person may not transfer the judicial officer’s personal information to any other person through any medium. (c) Remedies. — (1) Equitable relief. — A judicial officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the judicial officer’s costs and reasonable attorneys’ fees. (2) Private right of action. — A judicial officer or family member who is aggrieved by a violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount: a. Not greater than 3 times the actual damages to the plaintiff; and b. Not less than $10,000. (3) Criminal penalties. — Public posting or display of a judicial officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met. (d) Affirmative defense. — Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.

Del. Code tit. 10, § 1924 Procedure for completing a written request.

(a) Requirement that a judicial officer make a written request. — No government agency or person shall be found to have violated any provision of this subchapter if the judicial officer has not submitted a written request calling for the protection of the judicial officer’s personal information. (b) Written request procedure. — A written request shall be valid if 1 of the following occurs: (1) The judicial officer sends a written request directly to a government agency or person. (2) The Administrative Office of the Courts develops a policy and procedure for a judicial officer to file the written request with the Administrative Office of the Courts to notify government agencies, and a judicial officer sends a written request to the Administrative Office of the Courts. (c) In each quarter of a calendar year, the Administrative Office of the Courts shall provide a list of all judicial officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy of the list to all government agencies under the officer’s supervision. Receipt of the written request list compiled by the Administrative Office of the Courts by a government agency shall constitute a written request to that agency for the purposes of this subchapter. (d) A representative from the judicial officer may submit a written request on the judicial officer’s behalf, provided that the judicial officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. The representative shall submit the written request as provided in subsection (b) of this section. (e) Information to be included in the written request. — (1) A judicial officer’s written request shall specify what personal information shall be maintained private. (2) If a judicial officer wishes to identify a secondary residence as a home address as that term is defined in this subchapter, the designation shall be made in the written request. (3) A judicial officer shall disclose the identity of the judicial officer’s family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the judicial officer. (f) Duration of the written request. — A judicial officer’s written request is valid until the judicial officer provides the government agency, person, business, or association with written permission to release the private information. A judicial officer’s written request expires on death.

Del. Code tit. 10, § 1941 Control and supervision of law libraries [Repealed].

Del. Code tit. 10, § 1942 Law library in Kent County as official law library for State.

The law library in Kent County is designated as the official law library of the State. Any law books, statutes, legal periodicals, or other legal material suitable for a state law library received by the State on an exchange basis or on any other basis and not specifically acquired by or for some other subdivision of the State shall be deposited in the law library in Kent County.

Del. Code tit. 10, § 1961 Preparation of judicial reports.

The Committee on Publications of Opinions, appointed by the Chief Justice of the Delaware Supreme Court in accordance with a rule of that Court, shall report such opinions of the Supreme Court, the Chancery Court and the Superior Court, as in its judgment are deemed proper to be reported; and the Committee shall have such reported opinions, together with any court rules and proceedings as it may select, printed and published in bound volumes in such manner and under such terms as it shall determine. The Committee shall deposit such number of copies as are deemed needed for public use with the Secretary of State, to be distributed in accordance with law.

Del. Code tit. 10, § 1962 Distribution of judicial reports.

(a) The Secretary of State, upon the receipt of published legal reports, shall retain 1 copy in the Secretary of State’s office; shall send 1 copy to each judge of each state, county or municipal court, and to each justice of the peace; and shall distribute copies to such agencies and public officials of this State as show a need for them. The Secretary of State shall also transmit 1 copy to each of the following: The Library of Congress, University of Delaware Library, Delaware State University Library, the Delaware Historical Society, the Wilmington Institute Free Library, Legislative Council and to each public law library within this State, 2 copies each. (b) The copies delivered to the judges and justices of the peace and state offices shall belong to their respective offices and shall be delivered to their successors in office.

Del. Code tit. 10, § 1963 Payment for publication of judicial reports.

Upon receipt by the Director of the Office of Management and Budget of the certificate of the Secretary of State that copies of a new volume of reports published by the Committee have been deposited in the office of the Secretary of State as required by law, the Director of the Office of Management and Budget shall draw a warrant upon the State Treasurer to pay for printing and other expenses incurred in connection with the publication of such new volume, in the amounts and in favor of the payees certified by the Chief Justice. The provisions of Chapter 69 of Title 29 shall not apply to the preparation and publication of the law reports authorized by this subchapter.

Del. Code tit. 10, § 1966 Revision of indices.

Whenever the index or indices of any record of the office of the Register of Wills of Kent County, or of any record of the office of the Recorder of such County, or of any record of the Court of Chancery in and for such County, needs renewing, revising, altering or recopying, or any of such records not being sufficiently indexed are in need of a new or better system of ascertaining its contents, or needs renewing for purposes of preservation, the Superior Court in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Register of Wills or Recorder; the Court of Chancery in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Court of Chancery.

Del. Code tit. 10, § 1967 Omission of satisfied liens from new indices.

Whenever a new index or indices are made under this subchapter for the records of judgments, mechanics’ liens, foreign or domestic attachments, mortgages or recognizances, the new index or indices shall omit all such as have been fully and legally satisfied. No other change shall be made in the manner or system of keeping any index except by order of the court so doing.

Del. Code tit. 10, § 1968 Officer in charge; preparation.

Whenever an order is made under this subchapter for the making of any index or indices, the officer in charge of the records for which such index or indices are to be made shall make or cause the same to be made, pursuant to the provisions of this subchapter and such order. The officer may procure all books necessary for such purpose, the cost of which shall be paid by the Levy Court of Kent County.

Del. Code tit. 10, § 1969 Appointment of commissioners to examine new indices.

Whenever it is directed that any index or indices shall be made as provided in this subchapter, the Judges of the Superior Court of the State in and for Kent County shall appoint 2 commissioners. The commissioners shall examine such index or indices, and, if they approve of the execution and exactness thereof, they shall certify the same to be a true and correct index or indices. After such certification, the index or indices shall become and be the index or indices of Kent County in lieu of those theretofore in use.

Del. Code tit. 10, § 1970 Compensation of indexer and commissioners.

After the commissioners appointed under § 1969 of this title have certified the indices, the Levy Court of Kent County shall pay to the officer by whom the indices have been made, and to the commissioners, a just and reasonable compensation for their services, to be fixed by the Levy Court upon the application of such officer and commissioners. With each application, there shall be presented to the Levy Court, a sworn itemized account of the time spent and disbursements made, if any, by the officer or commissioners, as the case may be, in and about the preparation or examination of the records or indices so made or examined by them.

Del. Code tit. 10, § 1971 Examination of judgment satisfactions by commissioners [Repealed].

Repealed by 66 Del. Laws, c. 185, § 5, effective Oct. 1, 1987.

Del. Code tit. 10, § 1972 Examination of mortgage satisfactions by commissioner [Repealed].

Repealed by 77 Del. Laws, c. 36, effective May 27, 2009.

Del. Code tit. 10, § 1973 Revision of indices.

Whenever the index or indices of any record of the office of the Register of Wills of New Castle County, or of any record of the office of the Recorder of such County, or of any record of the Court of Chancery in and for such County, needs renewing, revising, altering or recopying, or any of such records not being sufficiently indexed are in need of a new or better system of ascertaining its contents, or needs renewing for purposes of preservation, the Superior Court in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Register of Wills or Recorder; the Court of Chancery in and for such County may order that a renewed, revised, altered, recopied or sufficient index or indices be made for any of the records of the Court of Chancery.

Del. Code tit. 10, § 1974 Omission of satisfied liens from new indices.

Del. Code tit. 10, § 1975 Officer in charge; preparation.

Whenever an order is made under this subchapter for the making of any index or indices, the officer in charge of the records for which such index or indices are to be made shall make or cause the same to be made, pursuant to the provisions of this subchapter and such order. He or she may procure all books necessary for such purpose, the cost of which shall be paid by the County Council of New Castle County.

Del. Code tit. 10, § 1976-1979 §§ 1976-1979. Appointment of commissioners to examine new indices; compensation of indexer and commissioners [Repealed].

Repealed by 70 Del. Laws, c. 526, § 1, effective July 1, 1996.

Del. Code tit. 10, § 1980 Revision of indices.

Whenever the index of the office of the Register of Wills, or the office of the Recorder, or the Court of Chancery for Sussex County needs renewing, revising, altering or recopying, or any of such records are not sufficiently indexed or are in need of a new or better system of ascertaining their contents, or needs renewing for preservation purposes, the Superior Court of Sussex County may order that a renewed, revised, altered, recopied or sufficient index be made of any such records.

Del. Code tit. 10, § 1981 Omission of satisfied liens from new indices.

Whenever a new index is made under this subchapter for the records of judgments, mechanics’ liens, foreign or domestic attachments, mortgages or recognizances, the new index shall omit all such as have been fully and legally satisfied. No other change shall be made in the manner or system of keeping any index except by order of the court so doing.

Del. Code tit. 10, § 1982 Appointment of commissioners; preparation and examination of new indices.

Whenever an order is made under this subchapter for the alteration, revision or making of any index, a Judge of the Superior Court and the Court of Chancery of the County shall appoint 2 commissioners who shall make or cause to be made the index of such records, pursuant to the provisions of this subchapter. The commissioners may procure all books necessary for such purpose, the cost of which shall be paid by the County Council. The commissioners shall examine such index so made and shall certify the same to be true and correct. After such certification, the index shall become and be the index of Sussex County in lieu of those theretofore in use.

Del. Code tit. 10, § 1983 Compensation of commissioners.

After the commissioners appointed under § 1982 of this title have certified the indices, the County Council of Sussex County shall pay to the commissioners a just and reasonable compensation for their services, to be fixed by the County Council upon the application of such commissioners. With each application there shall be presented to the County Council a sworn itemized account of the time spent, expenses incurred and disbursements made, if any, by the commissioners in and about the preparation or examination of the records or indices so made or examined by them.

Del. Code tit. 10, § 1984 Revision of indices.

Where the index or indices of any record of the Superior Court or the office of the prothonotary needs renewing, revising, altering or recopying, or any of such records are not sufficiently indexed or are in need of a new or better system of ascertaining their contents or need renewing for preservation purposes, the Superior Court may order that a renewed, revised, altered, recopied or sufficient index be made of any such records.

Del. Code tit. 10, § 1985 Omission of satisfied liens from new indices.

Whenever a new index is made under this subchapter for the records of judgments, mechanics’ liens, foreign or domestic attachments or other records of the Superior Court or prothonotary, the new index shall omit all such as have been fully and legally satisfied. No other change shall be made in the manner or system of keeping any index except by order of the Superior Court.

Del. Code tit. 10, § 1986 Officer in charge; preparation.

Whenever an order is made under this subchapter for the making of any index or indices, the prothonotary in the county in which such records are kept shall make the index or indices or cause the same to be made pursuant to this subchapter and such order. The prothonotary may procure all books necessary for such purpose, the cost of which shall be paid by the prothonotary.

Del. Code tit. 10, § 1987-1989 §§ 1987-1989. Appointment of commissioners to examine new indices; compensation of commissioners; examination of judgment satisfactions by commissioners [Repealed].

Repealed by 67 Del. Laws, c. 65, § 1, effective July 6, 1989.

Del. Code tit. 10, § 1990 Definitions.

As used in this subchapter, unless a different meaning is clearly indicated by the context: (1) “Commissioner” means a judicial officer of a particular court authorized to perform the judicial powers and duties of the court in issuing warrants in criminal cases and the fixing and approving of bail. (2) “Court” or “courts” means such court or courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State. (3) “Governing body” means the town council, city council, commissioners or other legislative body charged with governing the municipality, or Levy Court Commissioners, or other legislative body charged with governing the county.

Del. Code tit. 10, § 1991 Appointment of commissioner or commissioners; term, vacancies and qualifications.

(a) The Governor shall appoint a commissioner or commissioners, only when so requested by the governing body, for a term of 4 years with the consent of a majority of all of the members elected to the Senate. Upon second and subsequent appointments and confirmations, a commissioner shall hold office for a term of 6 years. (b) Vacancies in office shall be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. (c) A commissioner must be a resident of the municipality or the county over which the court to which the commissioner is to be appointed has jurisdiction.

Del. Code tit. 10, § 1992 Courts for which commissioners shall be appointed.

Provisions of this subchapter shall apply to all courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State.

Del. Code tit. 10, § 1993 Powers of commissioners.

The commissioner or commissioners of the courts covered by the provisions of this subchapter shall have the power to issue warrants, or, upon the request of the prosecuting officer of a particular court or upon the request of the police, issue a summons for the arrest of persons for offenses alleged to have been committed against this State, or for any violation of an ordinance or legislative act of a municipality or county. In connection with the complaint made as to the commission of a criminal offense, the commissioner or commissioners are authorized to administer the oath of the person making the criminal complaint. All warrants shall bear the teste date of the chief judge or senior judge of the particular court involved in the issuance of the warrant. A commissioner is further authorized to fix and approve bail, except for offenses in which the penalty may be death, in accordance with the laws of this State granting, fixing and approving bail bonds and recognizances.

Del. Code tit. 10, § 1994 Court rules governing commissioners.

The Chief Justice of the State shall approve and promulgate rules governing the activities of the court commissioners which shall be prepared and submitted by the chief judge or senior judge of the court to be affected by said rules.

Del. Code tit. 10, § 1995 Salaries.

The governing body of the municipality or county in which the court has jurisdiction within the provisions of this subchapter, shall determine the amount of, and authorize the payment of, the annual salaries of the court commissioner or commissioners, as other salaries are paid by the governing body of a particular municipality or county.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c019/sc01/index.htmlFetched: 10/4/2026