TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS

Subchapter I. Survival of Actions and Causes of Action


All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued. Accordingly, all actions, so surviving, may be instituted or prosecuted by or against the executors or administrators of the person to or against whom the cause of action accrued. This section shall not affect the survivorship among the original parties to a joint cause of action.

Code 1852, § 2295; Code 1915, § 4154; Code 1935, § 4637; 47 Del. Laws, c. 383; 10 Del. C. 1953, § 3701.;

Upon the death of one or more of several plaintiffs or defendants in an action, wherein the cause of action survives, such action shall not abate, but may be prosecuted by or against the surviving plaintiff, or defendant.

Code 1852, § 2294; Code 1915, § 4153; Code 1935, § 4636; 10 Del. C. 1953, § 3702.;

An action commenced by or against an executor or administrator shall not be abated by his or her death or removal from office, but a succeeding executor or administrator may be admitted a party plaintiff or made a party defendant to such action.

Code 1852, § 2296; Code 1915, § 4156; Code 1935, § 4639; 10 Del. C. 1953, § 3703; 70 Del. Laws, c. 186, § 1.;

No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final judgment and satisfaction.

13 Del. Laws, c. 31, §§ 1, 2; 22 Del. Laws, c. 210; Code 1915, § 4155; Code 1935, § 4638; 10 Del. C. 1953, § 3704; 63 Del. Laws, c. 256, § 3.;

Appeals and writs of error are within the provisions of this chapter.

Code 1852, § 2297; Code 1915, § 4157; Code 1935, § 4640; 10 Del. C. 1953, § 3705.;

(a) The benefit of a judgment for or against an executor or administrator shall not be lost by executor's or administrator's death or removal from office, but proceedings may be had upon such judgment either at the suit of or against a succeeding executor or administrator.

(b) An executor or administrator may be admitted a party plaintiff to a judgment, on motion, without scire facias.

Code 1852, §§ 2298, 2299; 12 Del. Laws, c. 477; 14 Del. Laws, c. 88; Code 1915, § 4158; Code 1935, § 4641; 10 Del. C. 1953, § 3706; 70 Del. Laws, c. 186, § 1.;

A statutory right of action or remedy against any officer or person, in favor of any person, shall survive to, or against the executor or administrator of such officer or person, unless it be specially restricted in the statute.

Code 1852, § 2300; Code 1915, § 4159; Code 1935, § 4642; 10 Del. C. 1953, § 3707.;

An action brought by or in the name of any public officer shall not abate by the officer's death, resignation, removal from office, or the expiration of the officer's term, but may be prosecuted by the officer's successor, if there be a successor who might have originally commenced and prosecuted the like action.

Code 1852, § 2330; Code 1915, § 4191; Code 1935, § 4670; 10 Del. C. 1953, § 3708; 70 Del. Laws, c. 186, § 1.;