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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 47. JUDGMENTS
Subchapter IV. Judgments Against Executors and Administrators

(Code 1852, Sec. 2417; Code 1915, Sec. 4316; Code 1935, Sec. 4788; 10 Del. C. 1953, Sec. 4772; 70 Del. Laws, c. 186, Sec. 1.) (4324)

If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under Sec. 4772 of this title may be made by the Court upon the application of the plaintiff only. (4325)

(Code 1852, Sec. 2418; Code 1915, Sec. 4317; Code 1935, Sec. 4789; 10 Del. C. 1953, Sec. 4773.) (4326)

When a rule of reference is entered by the Court upon the application of the plaintiff only, at least 10 days' notice of the meeting of the referees shall be required. (4327)

(Code 1852, Sec. 2419; Code 1915, Sec. 4318; Code 1935, Sec. 4790; 10 Del. C. 1953, Sec. 4774.) (4328)

A rule of reference may be entered after a judgment by default or after a judgment for plaintiff upon a motion, as well as before judgment. Although it be entered after judgment, nevertheless judgment shall be rendered on the report made pursuant thereto, and such judgment on the report shall be regular, notwithstanding the previous judgment. (4329)

(Code 1852, Sec. 2420; Code 1915, Sec. 4319; Code 1935, Sec. 4791; 10 Del. C. 1953, Sec. 4775.) (4330)

Courts and Judicial Procedure Procedure (4331)

Subchapter V. Enforcement of Foreign Judgments (4332)(Text)

Sec. 4781. "Foreign judgment" defined. (4333)(Text)

In this subchapter, the words "foreign judgment" shall mean any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. (4334)

(65 Del. Laws, c. 333, Sec. 1.) (4335)

Sec. 4782. Filing and status of foreign judgments. (4336)(Text)

A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any Prothonotary of this State. The Prothonotary shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying, as a judgment of the Superior Court of this State and may be enforced or satisfied in like manner. (4337)

(65 Del. Laws, c. 333, Sec. 1.) (4338)

Sec. 4783. Notice of filing. (4339)(Text)

(a) At the time of the filing of the foreign judgment, the judgment creditor or the creditor's attorney shall make and file with the Prothonotary an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor. (4340)

(b) Promptly upon the filing of the foreign judgment and the affidavit, the Prothonotary shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall make a note of such mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the Prothonotary. Lack of a mailing of the notice of filing by the Prothonotary shall not affect the enforcement proceedings, if proof of mailing by the judgment creditor has been filed. (4341)

(c) No execution, or other process for enforcement of a foreign judgment filed hereunder, shall issue until 20 days after the judgment is filed. (4342)

(65 Del. Laws, c. 333, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (4343)

Sec. 4784. Stay. (4344)(Text)

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment as required by the state in which it was rendered. (4345)

(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of the Superior Court of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State. (4346)

(65 Del. Laws, c. 333, Sec. 1.) (4347)

Sec. 4785. Fees. (4348)(Text)

Any person filing a foreign judgment shall pay to the Prothonotary the same amount as is required for the filing of a civil action in the Superior Court of this State. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments obtained in the Superior Court of this State. (4349)

(65 Del. Laws, c. 333, Sec. 1.) (4350)

Sec. 4786. Right to enforce judgment unimpaired. (4351)(Text)

The right of a judgment creditor to bring an action to enforce a judgment, instead of proceeding under this subchapter, remains unimpaired. (4352)

(65 Del. Laws, c. 333, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (4353)

Sec. 4787. Short title. (4354)(Text)

This subchapter may be cited as the Uniform Enforcement of Foreign Judgments Act. (4355)

(65 Del. Laws, c. 333, Sec. 1.) (4356)

In this subchapter, the words "foreign judgment" shall mean any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. (4357)

(65 Del. Laws, c. 333, Sec. 1.) (4358)

A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any Prothonotary of this State. The Prothonotary shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying, as a judgment of the Superior Court of this State and may be enforced or satisfied in like manner. (4359)

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