CHAPTER 255

COURTS - TRANSFER OF CIVIL ACTIONS, SUITS OR OTHER PROCEEDINGS TO DIFFERENT COURTS

AN ACT TO AMEND CHAPTER 108 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "GENERAL PROVISIONS CONCERNING COURTS", BY PROVIDING FOR THE TRANSFER OF CIVIL ACTIONS, SUITS OR OTHER PROCEEDINGS IN THE COURTS OF THE STATE OF DELAWARE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 108 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by inserting after 4235. Sec. 1. of Chapter 108 a new section to be known as 4235A. Sec. 1A:

4235A. Sec. 1A. No civil action, suit or other proceeding, pending at the approval hereof or hereafter 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, but the proceeding may be transferred to an appropriate court for hearing and determination, provided that the party otherwise adversely affected shall, within 60 days after the order denying the jurisdiction of the first court has become final, file in that court a written election of transfer, discharge all costs accrued in the first court, and make 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 statute shall be liberally construed so as to permit and facilitate transfers of proceedings between the courts of this State in the ends of justice.

Approved April 9, 1947.