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Delaware Laws | Title 10 Courts and Judicial Procedures
Subchapter I. Courts and Judges

(60 Del. Laws, c. 182, Sec. 2; 70 Del. Laws, c. 186, Sec. 1.) (2788)

Sec. 1902. Removal of actions from courts lacking jurisdiction. (2789)(Text)

No civil action, suit or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without jurisdiction of the subject matter, either in the original proceeding or on appeal. Such proceeding may be transferred to an appropriate court for hearing and determination, provided that the party otherwise adversely affected, within 60 days after the order denying the jurisdiction of the first court has become final, files in that court a written election of transfer, discharges all costs accrued in the first court, and makes the usual deposit for costs in the second court. All or part of the papers filed, or copies thereof, and a transcript of the entries, in the court where the proceeding was originally instituted shall be delivered in accordance with the rules or special orders of such court, by the Prothonotary, clerk, or register of that court to the Prothonotary, clerk or register of the court to which the proceeding is transferred. The latter court shall thereupon entertain such applications in the proceeding as conform to law and to the rules and practice of such court, and may by rule or special order provide for amendments in pleadings and for all other matters concerning the course of procedure for hearing and determining the cause as justice may require. For the purpose of laches or of any statute of limitations, the time of bringing the proceeding shall be deemed to be the time when it was brought in the first court. This section shall be liberally construed to permit and facilitate transfers of proceedings between the courts of this State in the interests of justice. (2790)

(Code 1935, Sec. 4235A; 46 Del. Laws, c. 255; 10 Del. C. 1953, Sec. 1901; 60 Del. Laws, c. 182, Sec. 1.) (2791)

Sec. 1902A. Removal of criminal actions from courts lacking criminal jurisdiction. (2792)(Text)

(a) "Court of competent jurisdiction" shall mean the state court where criminal jurisdiction lies under either Title 4, Title 11 or any other Delaware statute vesting criminal jurisdiction. (2793)

(b) "State court" shall mean the Justice of the Peace Courts, Family Court, or Court of Common Pleas. (2794)

(c) No criminal action, complaint, or other proceeding brought in any court of this State shall be dismissed solely on the ground that such court is without criminal jurisdiction. Upon certification by the Criminal Clerk of Court to the sitting judge of the court in which the complaint, action, or other proceeding is pending averring that the court is without criminal jurisdiction, the judge may administratively issue an Order of Transfer and transfer the criminal proceeding to the court of competent criminal jurisdiction. (2795)

(d) Likewise, at any time during the proceedings pending of a criminal action, complaint or other proceeding and the prosecution or defense counsel presents an oral or written motion to the judge indicating that the court where the proceedings are pending lacks criminal jurisdiction, the judge shall issue an Order of Transfer to the state court which has criminal jurisdiction. The case shall then be forthwith be transferred by the criminal clerk to the court of competent criminal jurisdiction. (2796)

(e) In both subsections (c) and (d) of this section, the bond and all pretrial conditions by a state court imposed upon the defendant shall remain in full force and effect and shall not be discharged pending transfer. (2797)

(f) The transfer of a pending criminal action, complaint, other proceeding under this statute shall be made only when the court lacks criminal jurisdiction. (2798)

(75 Del. Laws, c. 371, Sec. 1.) (2799)

Sec. 1903. Change of location for sickness or other cause. (2800)(Text)

The Justices of the Supreme Court, the Chancellor and Vice-Chancellors and the Judges of the Superior Court, and the judge or judges of any other court, as the case may be, may, on account of the prevalence of contagious diseases or epidemics, or for other sufficient cause, appoint a different place for holding a term of their respective courts, and may make all necessary rules and orders to effect any such temporary change, and for the return of process, and the continuance of proceedings. (2801)

Such temporary change may be made, in the case of the Supreme Court, to any place within this State, and, in the case of any other court referred to in this section, to any place in the county in which the court is held. (2802)

(Code 1852, Sec.Sec. 1907-1909; 16 Del. Laws, c. 133, Sec. 5; Code 1915, Sec. 3683; Code 1935, Sec. 4235; 10 Del. C. 1953, Sec. 1902; 60 Del. Laws, c. 182, Sec. 1.) (2803)

Sec. 1904. Removal of records and papers in case of necessity. (2804)(Text)

In case of invasion of this State, or other necessity, any 2 of the judges of the State may remove the public records and papers to a place of safety, to be returned as soon as the safety thereof will admit. The officer having custody of such records shall accompany them; and may do the business of the office at the place to which they are removed. (2805)

As used in this section, "judges" includes the Justices of the Supreme Court, the Chancellor and Vice-Chancellors, and the President Judge and the Judges of the Superior Court. (2806)

(Code 1852, Sec.Sec. 1907-1909; 16 Del. Laws, c. 133, Sec. 5; Code 1915, Sec. 3683; Code 1935, Sec. 4235; 10 Del. C. 1953, Sec. 1903; 60 Del. Laws, c. 182, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 76 Del. Laws, c. 213, Sec. 36.) (2807)

Sec. 1905. Adjournments of terms of court. (2808)(Text)

Any court of this State may, from time to time, adjourn over any of the terms of such court for the purpose of hearing or trying causes, or doing other business necessary for expediting and ending actions or proceedings. (2809)

(Code 1852, Sec. 1913; Code 1915, Sec. 3687; Code 1935, Sec. 4239; 10 Del. C. 1953, Sec. 1904; 60 Del. Laws, c. 182, Sec. 1.) (2810)

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