Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts


Subchapter IV. Procedure

(a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular and special sessions, fix the time of and otherwise regulate the return of process issued out of the Court, fix the fees which shall be paid and the costs which shall be taxed in the Court, provide for the conduct of the business of the Court, and regulate the practice and procedure governing causes and proceedings in the Court.

(b) The Rules of the Supreme Court shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.

(c) The rules shall not abridge, enlarge or modify any substantive right of any party.

Code 1852, § 1912; 18 Del. Laws, c. 218, § 1; 21 Del. Laws, c. 116; 24 Del. Laws, c. 236; 25 Del. Laws, c. 227, § 1; 27 Del. Laws, c. 270, § 4; Code 1915, §§ 3684, 3688, 3707; Code 1935, §§ 4236, 4240, 4261; 43 Del. Laws, c. 222, §§ 1, 2; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 161.;

Whenever a judgment is entered, or signed, in the Supreme Court, the Clerk of that Court shall set down on the docket thereof, the day, month and year of actually entering or signing it. The Clerk shall also keep 2 indices to his or her judgment docket, and make the entries therein, as required of the prothonotary in Chapter 23 of this title, under the penalties prescribed by Chapter 23 of this title, the provisions of which are, for this purpose, extended to the Clerk of the Supreme Court.

Code 1852, § 683; Code 1915, § 3722; Code 1935, § 4268; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 162; 70 Del. Laws, c. 186, § 1.;

The plaintiff or appellant, shall, on docketing a cause in the Supreme Court, pay the Clerk such fee as the Supreme Court shall have prescribed by its Rules. Upon the determination of the cause, the Clerk shall enter on the record a bill of the costs, and after deducting his or her own fees shall, on demand, refund any portion of the sum that may be due to the plaintiff or appellant.

If the Clerk wilfully fails or neglects to comply with this section, he or she shall be fined in such amount or imprisoned for such term, or both, as the trial court, in its discretion, may determine; and shall forfeit his or her office.

Code 1852, § 684; Code 1915, § 3723; Code 1935, § 4269; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 163; 70 Del. Laws, c. 186, § 1.;