TITLE 10

Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts

CHAPTER 3. COURT OF CHANCERY

Subchapter I. Organization and Operation


The Court of Chancery shall be held:

(1) In New Castle County, at Wilmington;

(2) In Kent County, at Dover; and

(3) In Sussex County, at Georgetown.

Code 1852, § 1910; 16 Del. Laws, c. 133, § 5; Code 1915, § 3683; Code 1935, § 4235; 10 Del. C. 1953, § 301.;

The Court of Chancery in and for each county of the State shall have 1 term each year which shall coincide with the calendar year.

Code 1852, § 1910; 17 Del. Laws, c. 216; 19 Del. Laws, c. 256; 21 Del. Laws, c. 120; 22 Del. Laws, c. 450; Code 1915, § 3684; Code 1935, § 4236; 10 Del. C. 1953, § 302.;

Neither the Chancellor nor any Vice-Chancellor shall sit in any cause in which his or her parent, grandparent, child, grandchild, brother, or sister, nephew, or niece, uncle or aunt, brother-in-law, or son-in-law, is a party.

Code 1852, § 1950; Code 1915, § 3886; Code 1935, § 4410; 10 Del. C. 1953, § 303; 70 Del. Laws, c. 186, § 1.;

The Chancellor and each Vice-Chancellor shall receive such compensation as shall be provided by law.

Code 1852, § 467; 26 Del. Laws, c. 58; Code 1915, § 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, § 369; 46 Del. Laws, c. 248; 47 Del. Laws, c. 200; 48 Del. Laws, c. 260; 10 Del. C. 1953, § 304; 52 Del. Laws, c. 113, § 2; 55 Del. Laws, c. 403, § 2; 57 Del. Laws, c. 675, § 2; 59 Del. Laws, c. 472, § 2; 62 Del. Laws, c. 12, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 19.;

The Chancellor may from time to time purchase for the Court such furniture, equipment, law books, stationery and other supplies as may be requisite for the proper operation of the Court.

10 Del. C. 1953, § 305; 50 Del. Laws, c. 67, § 6.;

The payment of the compensation of all persons appointed or employed by the Court under the provisions of this chapter and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Judges and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Court of Chancery.

The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Court of Chancery rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Chancery, its Judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Director of the Office of Management and Budget and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of 3, 1 member to be designated by the State Director of the Office of Management and Budget, 1 member to be designated by the Levy Court or County Executive, and 1 member to be selected by the other 2 members.

10 Del. C. 1953, § 306; 50 Del. Laws, c. 67, § 6; 57 Del. Laws, c. 228, §§ 11-1, 11-42; 75 Del. Laws, c. 88, § 21(5).;

There shall be 3 Vice-Chancellors in addition to the Chancellor and Vice-Chancellor specifically required by the provisions of article IV, § 2 of the Delaware Constitution.

10 Del. C. 1953, § 307; 53 Del. Laws, c. 5, § 1; 64 Del. Laws, c. 218, § 1; 67 Del. Laws, c. 1, § 1.;