Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts


Subchapter III. General Jurisdiction and Powers

The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it.

Code 1852, § 1915; Code 1915, § 3725; Code 1935, § 4274; 10 Del. C. 1953, § 541.;

(a) The Superior Court shall have full power and authority to examine, correct and punish the contempts, omissions, neglects, favors, corruptions and defaults of all justices of the peace, sheriffs, coroners, clerks and other officers, within this State.

(b) The Court shall award process for levying all fines, forfeitures and amercements imposed, or recovered, in the Court.

(c) The Court shall minister justice to all persons, and exercise the jurisdictions and powers granted it, concerning the premises, according to law and equity.

Code 1852, § 1918; Code 1915, § 3726; Code 1935, § 4275; 10 Del. C. 1953, § 542.;

During the illness, absence from the county or unavailability for any reason of any Resident Judge, the powers and duties required by any statute of this State to be exercised and performed by such Judge in relation to any matter except appointments to any office or position, may be as fully and effectually exercised and performed in all respects by the President Judge, or any other Judge, as by the Resident Judge.

20 Del. Laws, c. 118; Code 1915, § 3690; Code 1935, § 4242; 10 Del. C. 1953, § 543; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, §§ 24-27.;

The Judges of the Superior Court may severally in or out of sessions, take all manner of recognizances and obligations to the State.

Code 1852, § 1930; Code 1915, § 3799; 33 Del. Laws, c. 225; Code 1935, § 4311; 10 Del. C. 1953, § 544.;

(a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of nonjudicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the "Personnel Rules for Nonjudicial Employees of the Delaware Court System."

(b) Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within 30 days of receipt of the written decision of the hearing officer.

(c) Review by the Superior Court shall be on the record, without a trial de novo. When factual determinations are at issue, the court shall take account of the experience and specialized competence of the hearing officer. The court review of factual issues shall be limited to a determination of whether the hearing officer's decision was supported by substantial evidence on the record.

(d) In the event that the appeal involves a nonjudicial employee of the Superior Court, the Chief Justice of the Supreme Court shall designate a member of the Court of Chancery to hear the appeal.

69 Del. Laws, c. 424, § 1.;

(a) Without limiting the jurisdiction of any court of this State, the Superior Court shall have the power to mediate and arbitrate business disputes when:

(1) The parties have consented by agreement or by stipulation to the mediation or arbitration by courts of this State;

(2) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State, or the business dispute is governed by Delaware law;

(3) No party is a consumer, as that term is defined in § 2731 of Title 6, with respect to the business dispute;

(4) The amount in controversy is no less than $100,000 or such other amount as the Superior Court determines by rule; and

(5) The Superior Court, without regard to this section, would have subject matter jurisdiction to adjudicate the business dispute.

(b) A mediation pursuant to this section shall involve a request by parties to have a member of the Superior Court act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their business dispute. Mediation proceedings shall be considered confidential and not of public record.

(c) Arbitration proceedings shall be considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal. In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its rules, and to the extent applicable, the rules of the Superior Court.

(d) The parties in any matter may stipulate that the decision of the Superior Court, or a Commissioner of the Superior Court if they so choose, shall be final and binding and not subject to appeal.

(e) This section is intended to encourage the resolution of business disputes by means of arbitration and mediation. The Superior Court should interpret its rule-making authority broadly to effectuate that intention.

77 Del. Laws, c. 439, § 1.;