PLEADING AND PRACTICE IN CIVIL ACTIONS
AN ACT to provide for simplified pleading and practice in Civil Actions, amending Chapter 128 of the Revised Code 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 128 of the Revised Code of the State of Delaware be and the same is hereby amended by the repeal of 4164, Sec. 1, and by substituting in lieu thereof the following, which shall be styled 4164, Sec. 1.
4164. Sec. 1. The Chief Justice and Associate Judges of the State of Delaware shall have power to prescribe and establish by general rules the process, writs, pleadings, verifications, motions and forms of action, and the practice and procedure in civil actions at law and in the rendition, whether at or during the first term or otherwise, entry, opening or vacating of judgments and orders therein. Said rules shall not abridge, enlarge or modify the substantive rights of any litigant. They shall take effect six months after their promulgation. Upon becoming effective they shall supercede all pleading, practice and procedure in conflict therewith. Upon becoming effective, all laws in conflict with such rules shall be of no further force or effect. The said Judges shall have power, from time to time, to supplement, abridge, modify, or amend such rules.
In all cases where by statute special forms of action, pleading or practice are prescribed for the enforcement of civil rights or titles, the process, writs, pleadings, verifications, motions and forms of action, and the practice procedure, judgments and orders so prescribed by said general rules, shall be followed in lieu of the forms of action, pleading and practice so prescribed by statute. Wherever by statute periods of limitation are imposed upon the bringing of named forms of action, the said periods of limitation, after going into effect of the rules so framed as aforesaid, shall apply to the actions prescribed by said rules for the enforcement of the rights, causes of action and remedies respectively enforceable by such named forms of action. Whenever, under the provisions of existing law, an action survives, the action prescribed by said rules as a substitute therefor shall also survive.
Approved March 27, A. D. 1925.