Delaware Laws - Title 10 Courts and Judicial Procedures
CHAPTER 1. SUPREME COURT
Subchapter IV. Procedure

CHAPTER 5. SUPERIOR COURT (477)(1-click HTML)

Courts and Judicial Procedure Organization, Powers, Jurisdiction and Operation of Courts (478)

Sec. 501. Places of holding Court. (479)(1-click HTML)

The Superior Court shall be held: (480)

(1) In New Castle County, at Wilmington; (481)

(2) In Kent County, at Dover; and (482)

(3) In Sussex County, at Georgetown. (483)

(Code 1852, Sec. 1907; 16 Del. Laws, c. 133, Sec. 5; Code 1915, Sec. 3683; Code 1935, Sec. 4235; 10 Del. C. 1953, Sec. 501.) (484)

Sec. 502. Terms of Court. (485)(1-click HTML)

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 Sec. 561 of this title and Sec. 5121 of Title 11, provided that not less than 4 terms of Court a year shall be established in each county of the State. (486)

(Code 1852, Sec. 1911; 16 Del. Laws, c. 134, Sec. 1; 17 Del. Laws, c. 214; 24 Del. Laws, c. 236; 25 Del. Laws, c. 227; 26 Del. Laws, c. 261; Code 1915, Sec. 3684; Code 1935, Sec. 4236; 48 Del. Laws, c. 223; 10 Del. C. 1953, Sec. 502; 50 Del. Laws, c. 53, Sec. 1.) (487)

Sec. 503. Salaries of Superior Court Judges. (488)(1-click HTML)

The President Judge and each Judge of the Superior Court shall receive such compensation as shall be provided by law. (489)

(Code 1852, Sec. 467; 26 Del. Laws, c. 58; Code 1915, Sec. 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, Sec. 369; 46 Del. Laws, c. 248; 47 Del. Laws, c. 200; 48 Del. Laws, c. 260; 10 Del. C. 1953, Sec. 503; 52 Del. Laws, c. 113, Sec. 3; 55 Del. Laws, c. 403, Sec. 3; 57 Del. Laws, c. 675, Sec. 3; 59 Del. Laws, c. 472, Sec. 3; 62 Del. Laws, c. 12, Sec. 3; 70 Del. Laws, c. 186, Sec. 1; 76 Del. Laws, c. 213, Sec. 20.) (490)

Sec. 504. Expenses of Court. (491)(1-click HTML)

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. (492)

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. (493)

(19 Del. Laws, c. 254; 21 Del. Laws, c. 298, Sec. 1; Code 1915, Sec. 3801; Code 1935, Sec. 4313; 10 Del. C. 1953, Sec. 504; 55 Del. Laws, c. 85, Sec. 32C; 57 Del. Laws, c. 228, Sec.Sec. 11-5, 11-43; 75 Del. Laws, c. 88, Sec. 21(5).) (494)

Sec. 505. Expenses for necessaries of jury. (495)(1-click HTML)

Repealed by 60 Del. Laws, c. 225, Sec. 1. (496)

Sec. 506. Deposit or investment of money paid into Court. (497)(1-click HTML)

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. (498)

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. (499)

(16 Del. Laws, c. 526; Code 1915, Sec. 2733; Code 1935, Sec. 4283; 10 Del. C. 1953, Sec. 506.) (500)

Sec. 507. Purchase of supplies. (501)(1-click HTML)

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. (502)

(10 Del. C. 1953, Sec. 507; 50 Del. Laws, c. 67, Sec. 9.) (503)

Sec. 508. Payment of expenses. (504)(1-click HTML)

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. (505)

(10 Del. C. 1953, Sec. 508; 50 Del. Laws, c. 67, Sec. 9; 57 Del. Laws, c. 228, Sec. 11-7.) (506)

Sec. 509. Additional judges. (507)(1-click HTML)

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, Sec. 2 of the Delaware Constitution. (508)

(10 Del. C. 1953, Sec. 509; 53 Del. Laws, c. 5, Sec. 2; 55 Del. Laws, c. 309, Sec. 1; 58 Del. Laws, c. 449; 65 Del. Laws, c. 51, Sec. 1; 66 Del. Laws, c. 375, Sec. 1; 69 Del. Laws, c. 117, Sec. 1; 71 Del. Laws, c. 363, Sec. 1; 76 Del. Laws, c. 213, Sec.Sec. 21-23; 77 Del. Laws, c. 327, Sec. 51.) (509)

Sec. 510. Consideration of consolidation. (510)(1-click HTML)

Repealed by 71 Del. Laws, c. 176, Sec. 1, eff. May 1, 1998. (511)

Sec. 511. Commissioners of the Superior Court; appointment; terms of office; removal. (512)(1-click HTML)

(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. (513)

(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by Article XIV, Sec. 1 of the Delaware Constitution before they enter upon the duties of their office. (514)

(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. (515)

(69 Del. Laws, c. 420, Sec. 1; 74 Del. Laws, c. 165, Sec. 1.) (516)

Sec. 512. Jurisdiction and powers of commissioners of the Superior Court. (517)(1-click HTML)

(a) Each Commissioner serving under this chapter shall have: (518)

(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; (519)

(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; (520)

(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; (521)

(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. (522)

(b) Commissioners may be designated to perform the following with the approval of the President Judge or his designee: (523)

(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 subparagraph 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. (524)

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 subparagraph a. of this paragraph or of applications for postconviction relief made by individuals convicted of criminal offenses. (525)

c. The Commissioner shall file proposed findings and recommendations under subparagraph b. of this paragraph with the Court and shall mail copies forthwith to all parties. (526)

d. Within 10 days after being served with a copy of proposed findings and recommendations under subparagraph b. of this paragraph 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. (527)

(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. (528)

(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 subsections (a)(2), (4) and (b)(1) of this section. (529)

(69 Del. Laws, c. 420, Sec. 1.) (530)

The Superior Court shall be held: (531)

(1) In New Castle County, at Wilmington; (532)

(2) In Kent County, at Dover; and (533)

(3) In Sussex County, at Georgetown. (534)

(Code 1852, Sec. 1907; 16 Del. Laws, c. 133, Sec. 5; Code 1915, Sec. 3683; Code 1935, Sec. 4235; 10 Del. C. 1953, Sec. 501.) (535)

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 Sec. 561 of this title and Sec. 5121 of Title 11, provided that not less than 4 terms of Court a year shall be established in each county of the State. (536)

(Code 1852, Sec. 1911; 16 Del. Laws, c. 134, Sec. 1; 17 Del. Laws, c. 214; 24 Del. Laws, c. 236; 25 Del. Laws, c. 227; 26 Del. Laws, c. 261; Code 1915, Sec. 3684; Code 1935, Sec. 4236; 48 Del. Laws, c. 223; 10 Del. C. 1953, Sec. 502; 50 Del. Laws, c. 53, Sec. 1.) (537)

The President Judge and each Judge of the Superior Court shall receive such compensation as shall be provided by law. (538)

(Code 1852, Sec. 467; 26 Del. Laws, c. 58; Code 1915, Sec. 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, Sec. 369; 46 Del. Laws, c. 248; 47 Del. Laws, c. 200; 48 Del. Laws, c. 260; 10 Del. C. 1953, Sec. 503; 52 Del. Laws, c. 113, Sec. 3; 55 Del. Laws, c. 403, Sec. 3; 57 Del. Laws, c. 675, Sec. 3; 59 Del. Laws, c. 472, Sec. 3; 62 Del. Laws, c. 12, Sec. 3; 70 Del. Laws, c. 186, Sec. 1; 76 Del. Laws, c. 213, Sec. 20.) (539)

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. (540)

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. (541)

(19 Del. Laws, c. 254; 21 Del. Laws, c. 298, Sec. 1; Code 1915, Sec. 3801; Code 1935, Sec. 4313; 10 Del. C. 1953, Sec. 504; 55 Del. Laws, c. 85, Sec. 32C; 57 Del. Laws, c. 228, Sec.Sec. 11-5, 11-43; 75 Del. Laws, c. 88, Sec. 21(5).) (542)

Repealed by 60 Del. Laws, c. 225, Sec. 1. (543)

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. (544)

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. (545)

(16 Del. Laws, c. 526; Code 1915, Sec. 2733; Code 1935, Sec. 4283; 10 Del. C. 1953, Sec. 506.) (546)

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. (547)

(10 Del. C. 1953, Sec. 507; 50 Del. Laws, c. 67, Sec. 9.) (548)

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. (549)

(10 Del. C. 1953, Sec. 508; 50 Del. Laws, c. 67, Sec. 9; 57 Del. Laws, c. 228, Sec. 11-7.) (550)

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, Sec. 2 of the Delaware Constitution. (551)

(10 Del. C. 1953, Sec. 509; 53 Del. Laws, c. 5, Sec. 2; 55 Del. Laws, c. 309, Sec. 1; 58 Del. Laws, c. 449; 65 Del. Laws, c. 51, Sec. 1; 66 Del. Laws, c. 375, Sec. 1; 69 Del. Laws, c. 117, Sec. 1; 71 Del. Laws, c. 363, Sec. 1; 76 Del. Laws, c. 213, Sec.Sec. 21-23; 77 Del. Laws, c. 327, Sec. 51.) (552)

Repealed by 71 Del. Laws, c. 176, Sec. 1, eff. May 1, 1998. (553)

(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. (554)

(b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by Article XIV, Sec. 1 of the Delaware Constitution before they enter upon the duties of their office. (555)

(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. (556)

(69 Del. Laws, c. 420, Sec. 1; 74 Del. Laws, c. 165, Sec. 1.) (557)

(a) Each Commissioner serving under this chapter shall have: (558)

(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; (559)

(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; (560)

(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; (561)

(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. (562)

(b) Commissioners may be designated to perform the following with the approval of the President Judge or his designee: (563)

(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 subparagraph 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. (564)

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 subparagraph a. of this paragraph or of applications for postconviction relief made by individuals convicted of criminal offenses. (565)

c. The Commissioner shall file proposed findings and recommendations under subparagraph b. of this paragraph with the Court and shall mail copies forthwith to all parties. (566)

d. Within 10 days after being served with a copy of proposed findings and recommendations under subparagraph b. of this paragraph 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. (567)

(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. (568)

(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 subsections (a)(2), (4) and (b)(1) of this section. (569)

(69 Del. Laws, c. 420, Sec. 1.) (570)

Courts and Judicial Procedure Organization, Powers, Jurisdiction and Operation of Courts (571)

Sec. 521. Prothonotary as Clerk. (572)(1-click HTML)

The Prothonotary of each county shall be the clerk of the Superior Court in and for that county. (573)

(10 Del. C. 1953, Sec. 521; 70 Del. Laws, c. 186, Sec. 1.) (574)

Sec. 522. Bailiffs, criers and pages; compensation; duties. (575)(1-click HTML)

(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. (576)

(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, countywide jurisdiction in the county of their employment; and who shall have such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case. The order appointing such peace officers shall be recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial commissions. (577)

(Code 1852, Sec. 1916; 13 Del. Laws, c. 166, Sec. 2; 22 Del. Laws, c. 290; 27 Del. Laws, c. 75; Code 1915, Sec. 3692; 37 Del. Laws, c. 257, Sec. 1; Code 1935, Sec. 4244; 10 Del. C. 1953, Sec. 522; 50 Del. Laws, c. 67, Sec. 20; 53 Del. Laws, c. 241; 55 Del. Laws, c. 85, Sec.Sec. 32D, E; 57 Del. Laws, c. 228, Sec. 11-8; 58 Del. Laws, c. 475.) (578)

Sec. 523. Law clerks. (579)(1-click HTML)

(a) [Repealed.] (580)

(b) Each law clerk shall receive such compensation as shall from time to time be determined by the President Judge. Special arrangements may be made as to part-time law clerks where the Court finds it expedient to do so. (581)

(10 Del. C. 1953, Sec. 523; 54 Del. Laws, c. 367; 57 Del. Laws, c. 228, Sec. 11-9; 65 Del. Laws, c. 87, Sec. 38.) (582)

Sec. 524. Crier's fees, costs and allowances; collection and payment. (583)(1-click HTML)

(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. (584)

(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. (585)

(24 Del. Laws, c. 79, Sec.Sec. 1, 2; 26 Del. Laws, c. 72, Sec.Sec. 1, 2; Code 1915, Sec. 3693; 31 Del. Laws, c. 63; 37 Del. Laws, c. 258; Code 1935, Sec. 4245; 10 Del. C. 1953, Sec. 526; 55 Del. Laws, c. 85, Sec. 32F; 57 Del. Laws, c. 228, Sec. 11-10.) (586)

Sec. 525. Court Reporters. (587)(1-click HTML)

The Superior Court may from time to time 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 additional clerical assistants as may be required. The duties of the Court Reporters shall be to attend all sessions of the Superior Court in the several counties and such hearings before any Judge or Judges thereof, as may be required, to report all evidence, opinions and other matters as the Superior Court may require and to perform such other duties as the Superior Court may prescribe. The Court Reporters and assistants shall receive such compensation as the Court shall from time to time determine. Every Court Reporter before entering upon his or her duties shall take and subscribe the oath of office as required by the Constitution. (588)

(19 Del. Laws, c. 253, Sec.Sec. 1, 2; 21 Del. Laws, c. 115, Sec.Sec. 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, Sec. 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, Sec. 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, Sec. 527; 50 Del. Laws, c. 67, Sec. 12; 70 Del. Laws, c. 186, Sec. 1.) (589)

Sec. 526. Office secretaries. (590)(1-click HTML)

Each Judge of the Superior Court may appoint and remove at pleasure one 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. (591)

(19 Del. Laws, c. 253, Sec.Sec. 1, 2; 21 Del. Laws, c. 115, Sec.Sec. 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, Sec. 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, Sec. 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, Sec. 528; 50 Del. Laws, c. 67, Sec. 12.) (592)

Sec. 527. Temporary appointments. (593)(1-click HTML)

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. (594)

(10 Del. C. 1953, Sec. 529; 50 Del. Laws, c. 67, Sec. 12; 70 Del. Laws, c. 186, Sec. 1.) (595)

Sec. 528. Court Reporters' charges. (596)(1-click HTML)

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. (597)

(21 Del. Laws, c. 115, Sec.Sec. 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, Sec. 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, Sec. 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, Sec. 530; 50 Del. Laws, c. 67, Sec. 12.) (598)

Sec. 529. Certification of appointments. (599)(1-click HTML)

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 Sec.Sec. 525, 526 and 527 of this title, the several dates of their appointments, and the monthly compensation to be paid to them. (600)

(10 Del. C. 1953, Sec. 531; 50 Del. Laws, c. 67, Sec. 13.) (601)

Sec. 530. Budgetary powers of Supreme Court. (602)(1-click HTML)

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by Sec. 6331 of Title 29. (603)

(10 Del. C. 1953, Sec. 532; 50 Del. Laws, c. 67, Sec. 13.) (604)

The Prothonotary of each county shall be the clerk of the Superior Court in and for that county. (605)

(10 Del. C. 1953, Sec. 521; 70 Del. Laws, c. 186, Sec. 1.) (606)

(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. (607)

(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, countywide jurisdiction in the county of their employment; and who shall have such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case. The order appointing such peace officers shall be recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial commissions. (608)

(Code 1852, Sec. 1916; 13 Del. Laws, c. 166, Sec. 2; 22 Del. Laws, c. 290; 27 Del. Laws, c. 75; Code 1915, Sec. 3692; 37 Del. Laws, c. 257, Sec. 1; Code 1935, Sec. 4244; 10 Del. C. 1953, Sec. 522; 50 Del. Laws, c. 67, Sec. 20; 53 Del. Laws, c. 241; 55 Del. Laws, c. 85, Sec.Sec. 32D, E; 57 Del. Laws, c. 228, Sec. 11-8; 58 Del. Laws, c. 475.) (609)

(a) [Repealed.] (610)

(b) Each law clerk shall receive such compensation as shall from time to time be determined by the President Judge. Special arrangements may be made as to part-time law clerks where the Court finds it expedient to do so. (611)

(10 Del. C. 1953, Sec. 523; 54 Del. Laws, c. 367; 57 Del. Laws, c. 228, Sec. 11-9; 65 Del. Laws, c. 87, Sec. 38.) (612)

(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. (613)

(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. (614)

(24 Del. Laws, c. 79, Sec.Sec. 1, 2; 26 Del. Laws, c. 72, Sec.Sec. 1, 2; Code 1915, Sec. 3693; 31 Del. Laws, c. 63; 37 Del. Laws, c. 258; Code 1935, Sec. 4245; 10 Del. C. 1953, Sec. 526; 55 Del. Laws, c. 85, Sec. 32F; 57 Del. Laws, c. 228, Sec. 11-10.) (615)

The Superior Court may from time to time 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 additional clerical assistants as may be required. The duties of the Court Reporters shall be to attend all sessions of the Superior Court in the several counties and such hearings before any Judge or Judges thereof, as may be required, to report all evidence, opinions and other matters as the Superior Court may require and to perform such other duties as the Superior Court may prescribe. The Court Reporters and assistants shall receive such compensation as the Court shall from time to time determine. Every Court Reporter before entering upon his or her duties shall take and subscribe the oath of office as required by the Constitution. (616)

(19 Del. Laws, c. 253, Sec.Sec. 1, 2; 21 Del. Laws, c. 115, Sec.Sec. 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, Sec. 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, Sec. 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, Sec. 527; 50 Del. Laws, c. 67, Sec. 12; 70 Del. Laws, c. 186, Sec. 1.) (617)

Each Judge of the Superior Court may appoint and remove at pleasure one 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. (618)

(19 Del. Laws, c. 253, Sec.Sec. 1, 2; 21 Del. Laws, c. 115, Sec.Sec. 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, Sec. 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, Sec. 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, Sec. 528; 50 Del. Laws, c. 67, Sec. 12.) (619)

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. (620)

(10 Del. C. 1953, Sec. 529; 50 Del. Laws, c. 67, Sec. 12; 70 Del. Laws, c. 186, Sec. 1.) (621)

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. (622)

(21 Del. Laws, c. 115, Sec.Sec. 1, 2; 23 Del. Laws, c. 59; 27 Del. Laws, c. 72; Code 1915, Sec. 3694; 29 Del. Laws, c. 243; 35 Del. Laws, c. 216; Code 1935, Sec. 4246; 43 Del. Laws, c. 221; 10 Del. C. 1953, Sec. 530; 50 Del. Laws, c. 67, Sec. 12.) (623)

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 Sec.Sec. 525, 526 and 527 of this title, the several dates of their appointments, and the monthly compensation to be paid to them. (624)

(10 Del. C. 1953, Sec. 531; 50 Del. Laws, c. 67, Sec. 13.) (625)

Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by Sec. 6331 of Title 29. (626)

(10 Del. C. 1953, Sec. 532; 50 Del. Laws, c. 67, Sec. 13.) (627)

Courts and Judicial Procedure Organization, Powers, Jurisdiction and Operation of Courts (628)

Sec. 541. Jurisdiction generally. (629)(1-click HTML)

The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it. (630)

(Code 1852, Sec. 1915; Code 1915, Sec. 3725; Code 1935, Sec. 4274; 10 Del. C. 1953, Sec. 541.) (631)

Sec. 542. Powers generally. (632)(1-click HTML)

(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, coroners, clerks and other officers, within this State. (633)

(b) The Court shall award process for levying all fines, forfeitures and amercements imposed, or recovered, in the Court. (634)

(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. (635)

(Code 1852, Sec. 1918; Code 1915, Sec. 3726; Code 1935, Sec. 4275; 10 Del. C. 1953, Sec. 542.) (636)

Sec. 543. Unavailability of Resident Judge. (637)(1-click HTML)

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. (638)

(20 Del. Laws, c. 118; Code 1915, Sec. 3690; Code 1935, Sec. 4242; 10 Del. C. 1953, Sec. 543; 70 Del. Laws, c. 186, Sec. 1; 76 Del. Laws, c. 213, Sec.Sec. 24-27.) (639)

Sec. 544. Power to take recognizances. (640)(1-click HTML)

The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State. (641)

(Code 1852, Sec. 1930; Code 1915, Sec. 3799; 33 Del. Laws, c. 225; Code 1935, Sec. 4311; 10 Del. C. 1953, Sec. 544.) (642)

Sec. 545. Power to receive appeals involving personnel administration of the Delaware court system. (643)(1-click HTML)

(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." (644)

(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. (645)

(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. (646)

(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. (647)

(69 Del. Laws, c. 424, Sec. 1.) (648)

Sec. 546. Mediation and arbitration proceedings for business disputes. (649)(1-click HTML)

(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: (650)

(1) The parties have consented by agreement or by stipulation to the mediation or arbitration by courts of this State; (651)

(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; (652)

(3) No party is a consumer, as that term is defined in Sec. 2731 of Title 6, with respect to the business dispute; (653)

(4) The amount in controversy is no less than $100,000 or such other amount as the Superior Court determines by rule; and (654)

(5) The Superior Court, without regard to this section, would have subject matter jurisdiction to adjudicate the business dispute. (655)

(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. (656)

(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. (657)

(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. (658)

(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. (659)

(77 Del. Laws, c. 439, Sec. 1.) (660)

The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it. (661)

(Code 1852, Sec. 1915; Code 1915, Sec. 3725; Code 1935, Sec. 4274; 10 Del. C. 1953, Sec. 541.) (662)

(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, coroners, clerks and other officers, within this State. (663)

(b) The Court shall award process for levying all fines, forfeitures and amercements imposed, or recovered, in the Court. (664)

(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. (665)

(Code 1852, Sec. 1918; Code 1915, Sec. 3726; Code 1935, Sec. 4275; 10 Del. C. 1953, Sec. 542.) (666)

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. (667)

(20 Del. Laws, c. 118; Code 1915, Sec. 3690; Code 1935, Sec. 4242; 10 Del. C. 1953, Sec. 543; 70 Del. Laws, c. 186, Sec. 1; 76 Del. Laws, c. 213, Sec.Sec. 24-27.) (668)

The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State. (669)

(Code 1852, Sec. 1930; Code 1915, Sec. 3799; 33 Del. Laws, c. 225; Code 1935, Sec. 4311; 10 Del. C. 1953, Sec. 544.) (670)

(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." (671)

(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. (672)

(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. (673)

(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. (674)

(69 Del. Laws, c. 424, Sec. 1.) (675)

(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: (676)

(1) The parties have consented by agreement or by stipulation to the mediation or arbitration by courts of this State; (677)

(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; (678)

(3) No party is a consumer, as that term is defined in Sec. 2731 of Title 6, with respect to the business dispute; (679)

(4) The amount in controversy is no less than $100,000 or such other amount as the Superior Court determines by rule; and (680)

(5) The Superior Court, without regard to this section, would have subject matter jurisdiction to adjudicate the business dispute. (681)

(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. (682)

(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. (683)

(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. (684)

(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. (685)

(77 Del. Laws, c. 439, Sec. 1.) (686)

Courts and Judicial Procedure Organization, Powers, Jurisdiction and Operation of Courts (687)

Sec. 561. Rules of Court in civil actions. (688)(1-click HTML)

(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. (689)

(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. (690)

(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. (691)

(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. (692)

(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. (693)

(Code 1852, Sec.Sec. 1921, 2301-2304; 27 Del. Laws, c. 270, Sec. 4; Code 1915, Sec.Sec. 3688, 3730, 4164-4166; 34 Del. Laws, c. 226; Code 1935, Sec.Sec. 4240, 4280, 4643-4645; 10 Del. C. 1953, Sec. 561.) (694)

Sec. 562. Writs. (695)(1-click HTML)

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. (696)

(Code 1852, Sec.Sec. 1923, 1924; Code 1915, Sec. 3735; Code 1935, Sec. 4285; 10 Del. C. 1953, Sec. 562.) (697)

Sec. 563. Default judgments; jury trial. (698)(1-click HTML)

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. (699)

(Code 1852, Sec. 1920; Code 1915, Sec. 3729; 34 Del. Laws, c. 212; Code 1935, Sec. 4279; 10 Del. C. 1953, Sec. 563; 70 Del. Laws, c. 186, Sec. 1.) (700)

Sec. 564. Mandamus. (701)(1-click HTML)

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. (702)

(19 Del. Laws, c. 775, Sec. 3; Code 1915, Sec. 3732; 34 Del. Laws, c. 213; Code 1935, Sec. 4282; 10 Del. C. 1953, Sec. 564.) (703)

Sec. 565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance. (704)(1-click HTML)

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. (705)

(Code 1852, Sec. 1930; Code 1915, Sec. 3799; 33 Del. Laws, c. 225; Code 1935, Sec. 4311; 10 Del. C. 1953, Sec. 565; 70 Del. Laws, c. 186, Sec. 1.) (706)

Sec. 566. Health care malpractice litigation. (707)(1-click HTML)

(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. (708)

(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 and especially relating to the malpractice review panels provided for in subchapter III of Chapter 68 of Title 18 in health care malpractice litigation. Such rule-making power shall be in addition to all such rule-making powers otherwise granted to the Judges of the Superior Court in this title. (709)

(60 Del. Laws, c. 373, Sec. 2.) (710)

Sec. 567. Power to appoint Masters. (711)(1-click HTML)

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. (712)

(66 Del. Laws, c. 213, Sec. 1.) (713)

Sec. 568. Security of appeals. (714)(1-click HTML)

(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. (715)

(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. (716)

(c) The bond or any other security required under this section need not be given by: (717)

(1) The State or any political subdivision thereof, authorized to sue or be sued; (718)

(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his representative capacity as such officer or employee; or (719)

(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity. (720)

(68 Del. Laws, c. 53, Sec. 1.) (721)

(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. (722)

(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. (723)

(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. (724)

(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. (725)

(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. (726)

(Code 1852, Sec.Sec. 1921, 2301-2304; 27 Del. Laws, c. 270, Sec. 4; Code 1915, Sec.Sec. 3688, 3730, 4164-4166; 34 Del. Laws, c. 226; Code 1935, Sec.Sec. 4240, 4280, 4643-4645; 10 Del. C. 1953, Sec. 561.) (727)

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. (728)

(Code 1852, Sec.Sec. 1923, 1924; Code 1915, Sec. 3735; Code 1935, Sec. 4285; 10 Del. C. 1953, Sec. 562.) (729)

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. (730)

(Code 1852, Sec. 1920; Code 1915, Sec. 3729; 34 Del. Laws, c. 212; Code 1935, Sec. 4279; 10 Del. C. 1953, Sec. 563; 70 Del. Laws, c. 186, Sec. 1.) (731)

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. (732)

(19 Del. Laws, c. 775, Sec. 3; Code 1915, Sec. 3732; 34 Del. Laws, c. 213; Code 1935, Sec. 4282; 10 Del. C. 1953, Sec. 564.) (733)

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. (734)

(Code 1852, Sec. 1930; Code 1915, Sec. 3799; 33 Del. Laws, c. 225; Code 1935, Sec. 4311; 10 Del. C. 1953, Sec. 565; 70 Del. Laws, c. 186, Sec. 1.) (735)

(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. (736)

(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 and especially relating to the malpractice review panels provided for in subchapter III of Chapter 68 of Title 18 in health care malpractice litigation. Such rule-making power shall be in addition to all such rule-making powers otherwise granted to the Judges of the Superior Court in this title. (737)

(60 Del. Laws, c. 373, Sec. 2.) (738)

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. (739)

(66 Del. Laws, c. 213, Sec. 1.) (740)

(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. (741)

(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. (742)

(c) The bond or any other security required under this section need not be given by: (743)

(1) The State or any political subdivision thereof, authorized to sue or be sued; (744)

(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his representative capacity as such officer or employee; or (745)

(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity. (746)

(68 Del. Laws, c. 53, Sec. 1.) (747)

  

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