Goto previous pageGoto next page
pg. 130

Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 39. PLEADING AND PRACTICE
Sec. 3921. Presumption of proper administration of oath.

When it appears that an oath or affirmation has been administered by competent authority, it shall be presumed to have been properly administered, unless the contrary appear. (3683)

(Code 1852, Sec. 2509; Code 1915, Sec. 4428; Code 1935, Sec. 4886; 10 Del. C. 1953, Sec. 3922.) (3684)

Sec. 3922. Destruction of property by minors; recovery of damages from parents. (3685)(Text)

Any municipal corporation, county, town, school district and agency of the State or any person, partnership, corporation or association, or any religious organization whether incorporated or unincorporated, shall be entitled to recover damages in an appropriate civil action in an amount not to exceed $10,000 in a court of competent jurisdiction from the parents or guardians of any minor under the age of 18 years, living with the parents, who shall intentionally or recklessly destroy or damage property, real, personal or mixed, belonging to such municipal corporation, county, town, school district or agency of the State, or person, partnership, corporation or association or religious organization. (3686)

(10 Del. C. 1953, Sec. 3923; 51 Del. Laws, c. 321; 59 Del. Laws, c. 112, Sec. 1; 62 Del. Laws, c. 166, Sec. 1; 62 Del. Laws, c. 315, Sec. 2; 66 Del. Laws, c. 234, Sec. 1; 77 Del. Laws, c. 40, Sec. 1.) (3687)

Sec. 3923. Prosecution and defense of actions by persons of the age of 18 years or older. (3688)(Text)

(a) Any person of the age of 18 years or older who is not otherwise incompetent may bring, file, prosecute, defend, litigate, settle, dismiss or otherwise compromise any action in law or in equity in any court without the interference or appointment of a guardian, guardian ad litem, next friend or other legal representative. (3689)

(b) Any person of the age of 18 years or older who is not otherwise incompetent may be appointed by any court as guardian ad litem, next friend or other legal representative of a person who has not reached the age of 18 years. (3690)

(10 Del. C. 1953, Sec. 3924; 58 Del. Laws, c. 440, Sec. 2.) (3691)

Sec. 3924. Causes of action abolished for alienation of affections, criminal conversation, seduction, enticement and breach of contract to marry. (3692)(Text)

The rights of action to recover sums of money as damages for alienation of affections, criminal conversation, seduction, enticement, or breach of contract to marry are abolished. No act done in this State shall operate to give rise, either within or without this State, to any such right of action. No contract to marry made or entered into in this State shall operate to give rise, either within or without this State, to any cause or right of action for its breach. (3693)

(10 Del. C. 1953, Sec. 3925; 58 Del. Laws, c. 489, Sec. 1.) (3694)

Sec. 3925. Public officers and employees. (3695)(Text)

Any public officer or employee, in a criminal or civil action against the person arising from state employment, shall be entitled to petition the court for a court-appointed attorney to represent the person's interests in the matter. If the judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the judge may require, determines that the petition has merit, the judge shall appoint an attorney to represent the interests of such public officer or employee. The court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the court. The court may first appoint an attorney from the Department of Justice. If the court determines that the Department is unable to represent such public officer or employee, the court may appoint an attorney from the Office of the Public Defender in criminal actions only, and in civil actions may appoint an attorney licensed in this State. This section shall also apply to all federal courts within this State. (3696)

(60 Del. Laws, c. 474, Sec. 1; 60 Del. Laws, c. 676, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (3697)

Sec. 3926. Production of records, jurisdiction. (3698)(Text)

(a) Prompt production of records. -- A health care provider who receives an appropriate authorization duly signed by an existing or former patient, guardian or personal representative, shall produce a true and correct complete copy of the requested medical records, which shall be produced in a reasonably legible fashion within 45 days of receipt of the request. The health care provider's fee for copying the records shall be reasonable. If prepayment is required by the health care provider, written notice of prepayment shall be provided to the requesting party within 14 days of the receipt of the original request. Upon payment of any prepayment charge, the health care provider shall produce the requested records within the latter of 14 days of receiving payment or 45 days of receipt of the original request. (3699)

(b) A health care provider may object in writing to production of the records for good cause. Any objection must state the grounds for failure or refusal to comply with the records request and must be served on the requesting party within 30 days of the date of receipt of the request. Said objection, if found to be for good cause, shall serve to toll the time period allowable for production of records. (3700)

(c) Failure or refusal to produce medical records pursuant to this section shall result in a civil penalty not to exceed $25 per day for every business day the records are delinquent in being produced in addition to any other sanctions deemed appropriate by the court, provided however, that motion to the Court to enforce compliance by court order must be made by the requesting party no later than 60 days from the date of the original request. If the records produced are incomplete, the requesting party shall have a reasonable time following discovery of the missing records in which to file a motion with the court for enforcement of this section. (3701)

(d) If the requesting party is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health care negligence, this statute shall not apply to any request for medical records served on a named defendant(s) in that litigation. (3702)

Goto previous page130Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.