CHAPTER 308

AN ACT PROPOSING AMENDMENTS TO ARTICLE IV OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO APPEALS IN CIVIL MATTERS FROM INFERIOR COURTS TO COURTS WHERE JURY TRIALS ARE AVAILABLE.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected thereto concurring therein):

Section 1. Article IV of the Constitution of the State of Delaware is amended by adding a new Section thereto as follows:

§ 28 A. Appeals from inferior courts in civil cases; jury trial

In civil cases appeals from inferior courts in which trial by jury is not provided for by statute shall be taken to such court as the General Assembly may direct and for which the General Assembly has provided by statute for trial by jury, and shall be by trial de novo; provided, however, that in the absence of such direction and statute such appeals shall be taken to the Superior Court.