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 III. Jurisdiction and General Powers


(a) The City Solicitor of Wilmington or a duly authorized designee shall be ex officio the prosecuting officer in the Court of Common Pleas and the Justice of the Peace Court for all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City. The Courts may by rule establish a regularly scheduled time and place to hear and try such matters. The Attorney General of the State may, however, prosecute in person or by his or her deputy.

(b) The City Solicitor shall appoint an Assistant City Solicitor who shall hold office at the pleasure of the City Solicitor and perform the duties required of him or her by the City Solicitor. The City Solicitor may discharge the assistant at any time, and his or her acts in this regard shall not be questioned.

(c) In addition to his or her other powers, the City Solicitor may compel the attendance of witnesses and the production of books and papers at the City Solicitor's office at any time, and may administer oaths and affirmations to witnesses at any time or in any place, for the purpose of securing information relative to the enforcement of the laws, ordinances, regulations or charter of the City. Subpoenas and attachments for the attendance of such witnesses and the production of such books and papers shall be signed by the City Solicitor and shall be served by any police officer. Any false answer or statement given in such a case shall be deemed perjury and punishable accordingly. The costs in such cases shall be paid by the Clerk of the Court of Common Pleas and the Justice of the Peace Court in the same manner as the costs of other proceedings in the Court are paid.

71 Del. Laws, c. 176, § 9; 70 Del. Laws, c. 186, § 1.;

Transferred to §§ 1325 to 1328 of this title.

The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county.

10 Del. C. 1953, § 1313; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1.;

(a) The Court shall have jurisdiction over all civil actions at law where the matter or thing in controversy, exclusive of interest, does not exceed $50,000.

(b) The Court shall have unlimited jurisdiction over counterclaims, cross-claims and third-party claims as defined and provided by rule of Court, and any judgment rendered on any such counterclaim, cross-claim or third-party claim which exceeds the sum of $50,000 shall be valid in all respects.

10 Del. C. 1953, § 1314; 59 Del. Laws, c. 133, § 1; 60 Del. Laws, c. 197, § 1; 63 Del. Laws, c. 230, § 1; 69 Del. Laws, c. 422, § 1; 69 Del. Laws, c. 426, § 1.;

The Court shall have jurisdiction to receive, hear, try and dispose of all such arguments, cases, matters and business as, by a certificate of a Judge of the Superior Court, may be assigned to it, pursuant to the rules of the Court made for that purpose, provided they come within the jurisdiction of the Court.

10 Del. C. 1953, § 1315; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1.;

The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, the production of documents, books and records and the production of all other necessary evidence.

10 Del. C. 1953, § 1316; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1.;

(a) All civil judgments rendered by the Court shall be entered in a judgment docket, which shall be properly indexed. The judgment shall not constitute a lien upon real estate, but a transcript thereof may be filed in the office of the Prothonotary of the Superior Court in any or all of the 3 counties of the State upon request therefor to the Clerk by the judgment creditor in the judgment, without necessity of a motion or order, and the Prothonotary shall enter in the judgment docket the names of the parties, the amount of the judgment, the name of the court in which the judgment was recovered, the time from which interest runs, and the amount of the costs, with the true date of such filing and entry. The judgment, so transferred, shall, from that date, become and be a lien on all the real estate of the debtor in the county in the same manner and as fully as judgments rendered in the Superior Court as liens, and may be executed and enforced in the same manner as judgments of the Superior Court. If any judgment is lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. The Prothonotary, in his or her discretion, may allow transfer of judgments as provided in this subsection to be accomplished by electronic means.

(b) Writs of execution for the seizure and sale of personal property based upon judgments obtained in the Court, shall be issued in the manner provided by law for writs issuing out of the Prothonotary's office in and for the respective counties for the seizure and sale of personal property. The Court may, by rule of the Court made for that purpose, change the method of procedure.

(c) Once a judgment has been transferred as provided in subsection (a) of this section, the Court shall retain jurisdiction for purposes of all post-judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.

10 Del. C. 1953, § 1317; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 408, §§ 1-3.;

(a) From any final order, ruling, decision or judgment of the court in a civil action there shall be the right of appeal to the Superior Court of the State in the county in which said order, ruling, decision or judgment was rendered.

(b) The appeal shall be taken within 30 days of the final order, ruling, decision or judgment.

(c) The appeal shall be reviewed on the record and shall not be tried de novo.

(d) The Superior Court shall establish appeal procedures and supersedeas bond requirements by rule.

10 Del. C. 1953, § 1318; 59 Del. Laws, c. 133, § 1; 68 Del. Laws, c. 53, § 3; 69 Del. Laws, c. 426, § 1.;

All civil cases shall be tried by the Court without a jury or referees.

10 Del. C. 1953, § 1319; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1.;

(a) Every person who commences a civil action in this Court shall, by virtue of such commencement, be deemed to have waived any right to trial by jury of the issues to which such person's original pleading is directed.

(b) Except as otherwise provided in this chapter any party other than the party commencing the action may demand a trial by jury of an issue triable of right by a jury by serving upon the other parties a demand therefor in writing and depositing with the Clerk of the Court the amount necessary for the commencement of an action in Superior Court. Such demand shall be served and filed and the necessary amount deposited with the Clerk, not later than 5 days after the service of the last pleading directed to such issue. The demand for jury trial may be endorsed upon a pleading of the party, provided it is typed or written on the first page of the pleading immediately following the caption of the case.

(c) The failure of a party to serve and file a demand for trial by jury or to deposit the necessary amount in accordance with the requirements of this section constitutes a waiver of trial by jury.

(d) Upon demand for trial by jury as provided in this section, the Clerk of the Court shall forthwith transmit all records in the matter and the amount necessary for commencement of an action in Superior Court to the prothonotary of the county in which the action has been commenced. Following such removal, proceedings shall continue as though the action has been commenced in Superior Court.

10 Del. C. 1953, § 1320; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1; 70 Del. Laws, c. 186, § 1.;

A verbatim record shall be kept of all evidence taken in the Court.

10 Del. C. 1953, § 1321; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1.;

(a) All suits, proceedings and matters pending, at the time this chapter becomes effective, in the Courts of Common Pleas for New Castle, Kent and Sussex Counties, as heretofore constituted, shall be proceeded within the Court hereby established and all the books, records and papers of the Courts as heretofore constituted, shall be the books, records and papers of the Court hereby established.

(b) All information, proceedings and matters of a criminal nature pending in the former Courts of Common Pleas for New Castle, Kent and Sussex Counties, respectively, at the time this chapter becomes effective, and all books, records and papers of such former Courts shall be transferred to the Court hereby established, and such information, proceedings and matters pending shall be proceeded with to final judgment and determination in the Court hereby established.

10 Del. C. 1953, § 1322; 59 Del. Laws, c. 133, § 1; 69 Del. Laws, c. 426, § 1.;