TITLE 10

Courts and Judicial Procedure

Organization, Powers, Jurisdiction and Operation of Courts

CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE

Subchapter I. Organization and Operation


There is a court of record known as "The Court of Common Pleas for the State of Delaware" sometimes referred to in this chapter as "the Court."

10 Del. C. 1953, § 1301; 59 Del. Laws, c. 133, § 1.;

(a) The Court shall consist of 9 Judges.

(b) The Judges must be citizens of the State and must have been actively engaged in the general practice of law in the State for at least 5 years.

(c) Five Judges shall be residents of New Castle County, 2 Judges shall be residents of Kent County, and 2 Judges shall be residents of Sussex County.

(d) The Judge appointed by the Governor as Chief Judge shall be the administrative head of the Court during the term of his or her appointment.

10 Del. C. 1953, § 1302; 59 Del. Laws, c. 133, § 1; 60 Del. Laws, c. 559, §§ 1, 2; 71 Del. Laws, c. 91, § 1; 71 Del. Laws, c. 176, § 4; 72 Del. Laws, c. 240, §§ 1, 2.;

(a) The Governor, by and with the consent of a majority of all the members elected to the Senate, shall appoint the Judges of the Court. Appointments, including vacancies, shall be for a term of 12 years and until their successors qualify. The Governor shall appoint 1 judge of the Court as Chief Judge of the Court to hold office during the term of his or her appointment. Nothing in this section shall affect the ability of the Chief Judge of the Court of Common Pleas to serve in that capacity for the duration of the Chief Judge's current term of office.

(b) Each Judge shall receive a salary in accordance with the annual appropriations act.

(c) No Judge shall practice law during his or her term of office.

(d) At any time when the total number of Judges of the Court shall be an even number, not more than 1/2 of the Judges shall be of the same political party; and at any time when the total number of Judges shall be an odd number, then not more than a majority of 1 Judge shall be of the same political party.

10 Del. C. 1953, § 1303; 59 Del. Laws, c. 133, § 1; 59 Del. Laws, c. 472, § 5; 62 Del. Laws, c. 12, § 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 91, § 2; 71 Del. Laws, c. 176, §§ 7, 8.;

One Judge shall constitute a quorum and may open and adjourn any session of the Court.

10 Del. C. 1953, § 1304; 59 Del. Laws, c. 133, § 1.;

Court shall be held:

(1) In New Castle County, at Wilmington;

(2) In Kent County, at Dover; and

(3) In Sussex County, at Georgetown.

10 Del. C. 1953, § 1305; 59 Del. Laws, c. 133, § 1.;

The designation and the duration of the terms of the Court and the nature of the proceedings to be conducted at each such term, shall be determined by the rules adopted for the Court.

10 Del. C. 1953, § 1306; 59 Del. Laws, c. 133, § 1.;

The Judges of the Court, or a majority of them, shall, for and on behalf of the Court, adopt a seal, make and publish general rules regulating the practice and procedure therein and the keeping of its records, including a schedule of costs and fees and providing for such deposits as are deemed necessary.

10 Del. C. 1953, § 1307; 59 Del. Laws, c. 133, § 1.;

(a) The fees, fines and costs received by the Court shall be paid to the State Treasurer, except as otherwise provided by subsection (b) of this section.

(b) All sheriff's costs and fees collected by the Court, including those specified in §§ 8702 and 2112 of this title, shall, at the conclusion of each case, be paid to the county treasurer or Department of Finance for the county of which the sheriff who has rendered the service is an officer, for distribution to the sheriff upon presentation of an itemized and verified account, in accordance with the procedures set forth in § 2112 of this title.

10 Del. C. 1953, § 1308; 59 Del. Laws, c. 133, § 1; 61 Del. Laws, c. 268, § 1.;