CHAPTER 53

FORMERLY

SENATE BILL NO. 88

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTERS 5, 9, 13 AND 95 OF TITLE 10, DELAWARE CODE, RELATING TO APPEALS IN CERTAIN CIVIL ACTIONS.

8E IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, Title 10, Delaware Code, by adding thereto a new §568 to read as follows:

1568. Security of Appeals

(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.

(a) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made In lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, interest thereon and the costs of the appeal.

(a) The bond or any other security required under this Section need not be given by:

(1) The State or any political subdivision thereof, authorized to sue or be sued;

(1) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his representative capacity as such officer or employee; or

(2) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity."

Section 2. Amend §961(b), Title 10, Delaware Code by deleting the phrase "upon giving surety for costs as provided in this section," as it appears therein in its entirety.

Section 3. Amend §1318, Chapter 13, Title 10, Delaware Code, by striking said Section in its entirety and substituting in lieu thereof a new §1318 to read as follows:

11318. /Weal in Civil Action

(a) From any final order, ruling, decision, or judgment of the Court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision, or judgment was rendered.

(b) The appeal shall be taken within thirty days of the final order, ruling, decision, or judgment,

(c) The appeal shall be reviewed on the record and shall not be tried de novo.

(a) The Superior Court shall establish appeal procedures and
supersedeas bond requirements by rule."

Section 4. Amend §9571, Chapter 95, Title 10, Delaware Code, by striking said Section in its entirety and substituting in lieu thereof a new §9571 to read as follows:

"§9571. AopealAn_Civt1 Actions

(a) From any final order, ruling, decision, or judgment of the Court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision, or judgment was rendered.

(b) The appeal shall be taken within fifteen days of the final order, ruling, decision, or judgment.

(c) The appeal shall be a trial de novo.

(a) The Superior Court shall establish appeal procedures and supersedeas bond requirements by rule."

Section 5. Amend §9572, Chapter 95, Title 10, Delaware Code, by striking said Section in its entirety and renumbering all subsequent sections accordingly.

Section 6. The Act shall become effective 30 days after its enactment.

Approved June 25, 1991.