Superior Court

Del. Code tit. 10, ch. 5
in effect

Del. Code tit. 10, § 501 Places of holding Court.

The Superior Court shall be held: (1) In New Castle County, at Wilmington; (2) In Kent County, at Dover; and (3) In Sussex County, at Georgetown.

Del. Code tit. 10, § 502 Terms of Court.

The designation and the duration of the terms of the Superior Court in and for each county, and the nature of the proceedings to be conducted at each such term, shall be determined by the Superior Court and shall be announced by rule of court, duly adopted and promulgated pursuant to the authority vested in the Superior Court by the provisions of § 561 of this title and § 5121 of Title 11, provided that not less than 4 terms of Court a year shall be established in each county of the State.

Del. Code tit. 10, § 503 Salaries of Superior Court Judges.

The President Judge and each Judge of the Superior Court shall receive such compensation as shall be provided by law.

Del. Code tit. 10, § 504 Expenses of Court.

All necessary expenses connected with the sitting of the Superior Court in any county, shall, upon approval thereof by a Judge of the Court, be paid by the State Treasurer. The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Superior Court rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Superior Court, its Judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Director of the Office of Management and Budget and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of 3: 1 member to be designated by the State Director of the Office of Management and Budget, 1 member to be designated by the Levy Court or County Executive, and 1 member to be selected by the other 2 members.

Del. Code tit. 10, § 506 Deposit or investment of money paid into Court.

The Superior Court may deposit, in the name of the Court in any savings bank of this State, or invest in the name of the State in the funded debt of this State or of the United States, or upon bond or mortgage, or both, any money paid into the Court when the person entitled to the same is a nonresident of this State, unknown or incompetent to receive the same, or when for any sufficient cause it is impossible or improper to pay the same to the party interested therein. The money so deposited or invested may be called in, collected, redeposited, reinvested or paid to the parties entitled to the same, as the Court from time to time directs. Costs incurred under this section shall be payable out of the fund.

Del. Code tit. 10, § 507 Purchase of supplies.

The Superior Court may from time to time purchase for the Court such furniture, equipment, stationery and other supplies as may be requisite for the proper operation of the courtrooms, judicial chambers and other quarters used or occupied by the Judges, court officers and employees.

Del. Code tit. 10, § 508 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 the court reporters, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Superior Court.

Del. Code tit. 10, § 509 Additional judges.

There shall be at least 14 judges and no more than 16 judges in addition to the President Judge and the 4 judges specifically required by article IV, § 2 of the Delaware Constitution.

Del. Code tit. 10, § 510 Consideration of consolidation [Repealed].

Repealed by 71 Del. Laws, c. 176, § 1, effective May 1, 1998.

Del. Code tit. 10, § 511 Commissioners of the Superior Court; appointment; terms of office; removal.

(a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Superior Court, all of whom shall hold office for a term of 4 years. 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. Upon second and subsequent appointments and confirmations, a Commissioner of the Superior Court shall hold office for a term of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of this State, and shall not engage in the practice of law nor any business, occupation, or employment inconsistent with the expeditious, proper and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political party shall not exceed the number of Commissioners from another major political party by more than 1. (b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by article XIV, § 1 of the Delaware Constitution before they enter upon the duties of their office. (c) The salaries of Commissioners shall be part of the annual budget of the Superior Court. The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term.

Del. Code tit. 10, § 512 Jurisdiction and powers of Commissioners of the Superior Court.

(a) Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Superior Court; (2) The power to administer oaths and affirmations, issue orders pursuant to Chapter 21 of Title 11 concerning release or detention of persons pending trial, and take acknowledgements, affidavits and depositions; (3) The power to accept pleas of not guilty to any offense within the jurisdiction of the Superior Court and to appoint counsel to represent indigent defendants; (4) The power to accept a plea of guilty to a misdemeanor or violation and, with the consent of the parties, to enter a sentence thereon. (b) Commissioners may be designated to perform the following with the approval of the President Judge or his or her designee: (1) a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except a motion for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this paragraph (b)(1)a. where it has been shown that the Commissioner’s order is based upon findings of fact that are clearly erroneous, or is contrary to law or an abuse of discretion. b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted in paragraph (b)(1)a. of this section or of applications for postconviction relief made by individuals convicted of criminal offenses. c. The Commissioner shall file proposed findings and recommendations under paragraph (b)(1)b. of this section with the Court and shall mail copies forthwith to all parties. d. Within 10 days after being served with a copy of proposed findings and recommendations under paragraph (b)(1)b. of this section any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court. A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instructions. (2) A judge may also designate a Commissioner to serve as a special master or master pro hac vice pursuant to the applicable provisions of the Rules of Civil Procedure for the Superior Court. (3) A Commissioner may be assigned such additional duties by the President Judge, including assignment to the Court of Common Pleas upon designation by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit in the Court of Common Pleas may exercise in that court the powers and duties set forth in paragraphs (a)(2), (4) and (b)(1) of this section.

Del. Code tit. 10, § 513 . Assignment of retired Commissioners to active duty.

(a) The President Judge, with the approval of the Chief Justice of the Supreme Court, may designate a retired Commissioner to serve temporarily in the Superior Court if all of the following apply: (1) The retired Commissioner was serving in good standing as a Commissioner at the time of retirement. (2) The retired Commissioner assents to such designation. (3) The retired Commissioner is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including the private practice of law, holding of any state office, or employment by the State in any capacity. (b) (1) The Superior Court shall compensate a retired Commissioner who accepts an active duty designation on a per diem basis on the formula representing 1 / 260 of the annual salary for a Commissioner. The per diem pay for a retired Commissioner may not exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29 and the total annual compensation of a retired Commissioner may not equal or exceed the current annual salary for a Commissioner. (2) The Superior Court shall reimburse a retired Commissioner who accepts an active duty designation for travel necessarily incurred for the performance of such active duty. The President Judge must approve travel by a retired Commissioner who accepts an active duty designation before reimbursement is permitted. (c) The Superior Court shall make expenditures for work performed under this section from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose.

Del. Code tit. 10, § 521 Prothonotary as Clerk.

The prothonotary of each county shall be the clerk of the Superior Court in and for that county.

Del. Code tit. 10, § 522 Bailiffs, criers and pages; compensation; duties.

(a) The Superior Court may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from time to time be determined by the Superior Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the Court may from time to time prescribe and shall receive no other fees or compensation. (b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during the stated terms of such appointment, unless sooner rescinded by court order, such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.

Del. Code tit. 10, § 523 Law clerks.

Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Superior Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.

Del. Code tit. 10, § 524 Crier’s fees, costs and allowances; collection and payment.

(a) All fees, costs, allowances and other perquisites collected by any officer of the county or State for the use of the crier shall be paid by the officer collecting the same to the State Treasurer. (b) All fees, costs, allowances and other perquisites, taxable as crier’s fees, shall be charged and collected by the county or state officers and by such officers paid to the respective State Treasurer.

Del. Code tit. 10, § 525 Court reporters.

The Superior Court may from time to time employ such number of skilled court reporters and other employees, as may be necessary to create a verbatim record for the proper operation of the Court. The duties of these employees shall be to attend all sessions of the Superior Court in the several counties and such hearings before any Judge or judicial officers thereof, as may be required, to create a verbatim record of all evidence, opinions and other matters as the Superior Court may require and to perform such other duties as the Superior Court may prescribe. These employees shall receive such compensation as the Court shall from time to time determine. Before entering upon the duties to create the court record, every employee under this section shall take and subscribe the oath of office as required by the Delaware Constitution.

Del. Code tit. 10, § 526 Office secretaries.

Each Judge of the Superior Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render such Judge of the Superior Court such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Superior Court shall from time to time determine.

Del. Code tit. 10, § 527 Temporary appointments.

If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Superior Court may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time and for such compensation as the Court shall determine. Substitute court reporters shall take the same oath of office as is required of a court reporter, and their acts shall have the same force and effect as if done by an official court reporter. Such oath shall not be recorded, but shall be filed with the prothonotary.

Del. Code tit. 10, § 528 Court reporters’ charges.

The Superior Court may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings.

Del. Code tit. 10, § 529 Certification of appointments.

The Superior 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 §§ 525, 526 and 527 of this title, the several dates of their appointments, and the monthly compensation to be paid to them.

Del. Code tit. 10, § 530 Budgetary powers of Supreme Court.

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29.

Del. Code tit. 10, § 541 Jurisdiction generally.

The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it.

Del. Code tit. 10, § 542 Powers generally.

(a) The Superior Court shall have full power and authority to examine, correct and punish the contempts, omissions, neglects, favors, corruptions and defaults of all justices of the peace, sheriffs, clerks and other officers, within this State. (b) The Court shall award process for levying all fines, forfeitures and amercements imposed, or recovered, in the Court. (c) The Court shall minister justice to all persons, and exercise the jurisdictions and powers granted it, concerning the premises, according to law and equity.

Del. Code tit. 10, § 543 Unavailability of Resident Judge.

During the illness, absence from the county or unavailability for any reason of any Resident Judge, the powers and duties required by any statute of this State to be exercised and performed by such Judge in relation to any matter except appointments to any office or position, may be as fully and effectually exercised and performed in all respects by the President Judge, or any other Judge, as by the Resident Judge.

Del. Code tit. 10, § 544 Power to take recognizances.

The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State.

Del. Code tit. 10, § 545 Power to receive appeals involving personnel administration of the Delaware court system.

(a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the “Personnel Rules for Nonjudicial Employees of the Delaware Court System.” (b) Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within 30 days of receipt of the written decision of the hearing officer. (c) Review by the Superior Court shall be on the record, without a trial de novo. When factual determinations are at issue, the court shall take account of the experience and specialized competence of the hearing officer. The court review of factual issues shall be limited to a determination of whether the hearing officer’s decision was supported by substantial evidence on the record. (d) In the event that the appeal involves a nonjudicial employee of the Superior Court, the Chief Justice of the Supreme Court shall designate a member of the Court of Chancery to hear the appeal.

Del. Code tit. 10, § 546 Mediation and arbitration proceedings for business disputes.

(a) Without limiting the jurisdiction of any court of this State, the Superior Court shall have the power to mediate and arbitrate business disputes when: (1) The parties have consented by agreement or by stipulation to the mediation or arbitration by courts of this State; (2) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State, or the business dispute is governed by Delaware law; (3) No party is a consumer, as that term is defined in § 2731 of Title 6, with respect to the business dispute; (4) The amount in controversy is no less than $100,000 or such other amount as the Superior Court determines by rule; and (5) The Superior Court, without regard to this section, would have subject matter jurisdiction to adjudicate the business dispute. (b) A mediation pursuant to this section shall involve a request by parties to have a member of the Superior Court act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their business dispute. Mediation proceedings shall be considered confidential and not of public record. (c) Arbitration proceedings shall be considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal. In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its rules, and to the extent applicable, the rules of the Superior Court. (d) The parties in any matter may stipulate that the decision of the Superior Court, or a Commissioner of the Superior Court if they so choose, shall be final and binding and not subject to appeal. (e) This section is intended to encourage the resolution of business disputes by means of arbitration and mediation. The Superior Court should interpret its rule-making authority broadly to effectuate that intention.

Del. Code tit. 10, § 561 Rules of Court in civil actions.

(a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing and determination of civil actions in the Superior Court. (b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such action. The rules shall not abridge, enlarge or modify any substantive right of any party, and they shall preserve the right of trial by jury as at common law and as declared by the statutes and Constitution of this State. (c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith. (d) Any inconsistency or conflict between any rule promulgated under the authority of this section or prior law, and any of the provisions of this Code or other statute of this State dealing with practice or procedure in the Superior Court, shall be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in civil actions in the Superior Court. (e) As used in this section, the phrase “civil actions in the Superior Court” includes proceedings of every kind or character within the jurisdiction of that Court except criminal proceedings.

Del. Code tit. 10, § 562 Writs.

The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of the Court, or otherwise as the particular case may require.

Del. Code tit. 10, § 563 Default judgments; jury trial.

A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded with accordingly.

Del. Code tit. 10, § 564 Mandamus.

Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith which shall be served in the usual manner.

Del. Code tit. 10, § 565 Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.

In case any person forfeits recognizance of the peace, behavior, or appearance, the Superior Court shall make a record of such default or forfeiture, and issue a scire facias, or other process, for the recovery of the forfeiture. The Court may also order the Attorney General to satisfy the judgment obtained upon any forfeited recognizance of the peace, behavior, or appearance, whenever it appears to the Court that the person or persons for whose keeping of the peace, behavior, or appearance the recognizance had been given, was or had been apprehended after the forfeiture of the recognizance, and the case disposed of by the public authorities having jurisdiction thereof, or whenever the Court has presented to it such facts or conditions as, in its discretion, would warrant it in ordering the satisfaction of such judgment. When such order is made, the defendant in the judgment shall pay the costs thereof.

Del. Code tit. 10, § 566 Health care malpractice litigation.

(a) All health care malpractice claims shall be brought in the Superior Court by means of filing a complaint in the Superior Court in the manner set forth in Chapter 68 of Title 18. (b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such rules as they are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the practice and procedure relating to the commencement, trial, hearing, and determination of civil actions in the Superior Court. Such rule-making power is in addition to all such rule-making powers otherwise granted to the Judges of the Superior Court in this title.

Del. Code tit. 10, § 567 Power to appoint Masters.

The Superior Court may appoint Masters who shall exercise such powers of the Court as shall be designated by the Court. No Master shall conduct jury trials. Masters shall serve at the pleasure of the Court and shall receive such compensation as the Court may determine. The conduct of Masters shall be governed by Court rules.

Del. Code tit. 10, § 568 Security of appeals.

(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose. (b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, interest thereon and the costs of the appeal. (c) The bond or any other security required under this section need not be given by: (1) The State or any political subdivision thereof, authorized to sue or be sued; (2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his or her representative capacity as such officer or employee; or (3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c005/sc01/index.htmlFetched: 10/4/2026

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