TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 47. JUDGMENTS

Subchapter II. Entry of Judgments


The true date of entering or signing every judgment, shall be entered on the docket thereof, as also the date of ascertaining the amount of a judgment given, the amount to be ascertained by the prothonotary, or other person.

All judgments shall be indexed according to § 2304 of this title.

Code 1852, § 2407; Code 1915, § 4302; Code 1935, § 4774; 10 Del. C. 1953, § 4731.;

When judgment is confessed by virtue of a warrant of attorney for a penalty, the attorney confessing the judgment shall, in a written direction to the officer entering the judgment, set down the real debt, and the time from which interest is to be calculated; which shall be entered by the officer upon the docket of the judgment.

Code 1852, § 2409; Code 1915, § 4304; Code 1935, § 4776; 10 Del. C. 1953, § 4732.;

(a) Any state judge may have recorded, docketed, indexed and/or filed, in any appropriate city, county or state office in this State, where legal documents are usually received for recording, docketing, indexing and/or filing, any interlocutory, or final judgment or order or part thereof, entered in any cause pending in any of the state courts. The state judge shall, in the judgment or order proposed to be recorded, docketed, indexed and/or filed, direct the manner in which it shall be recorded, docketed, indexed and/or filed.

(b) From the time any judgment or order referred to in subsection (a) of this section is received in any office designated in the judgment, it shall constitute notice to all persons who are charged with notice of matters filed in such office.

(c) When a judgment or order is received by any city, county or state officer pursuant to subsection (a) of this section, the person in charge of the office shall receive the judgment or order and record, docket, index and/or file the same in accordance with the directions set forth in the judgment or order.

(d) As used in this section, "state judge" includes the Chancellor, and any Vice-Chancellor.

48 Del. Laws, c. 129, §§ 1, 2; 10 Del. C. 1953, § 4733.;

The prothonotary of each county shall, upon the receipt of any judgment or order from the Court of Chancery, calling for the payment of a sum of money, enter the same in accordance with the directions of the Court as provided in the judgment or order. The judgment or order, or part thereof, shall be entered in the same manner and form and in the same books and indexes as judgments and orders entered in the Superior Court. After the entry thereof the judgments or orders or parts thereof calling for the payment of money shall have the same force and effect as though the judgment had been entered in the Superior Court.

48 Del. Laws, c. 129, § 3; 10 Del. C. 1953, § 4734.;

Sections 4733 and 4734 of this title provide for a grant of additional powers to state judges and are not intended to limit or detract from any other powers of the courts of this State or the present or future effect of any judgment or order of the courts of this State, save and except as therein specifically set forth.

48 Del. Laws, c. 129, § 4; 10 Del. C. 1953, § 4735.;

(a) Transcripts of judgments rendered in the United States District Court or in any other federal court of competent jurisdiction within this State shall be filed and docketed in the office of the prothonotary of each county of this State other than the county in which such judgment was rendered and when so filed and docketed, and only when so filed and docketed, such judgments, shall have the same force and effect as a lien as judgments rendered and docketed in the Superior Court of this State in any county of the State.

(b) When transcripts of any judgments of any federal court in this State have been filed and docketed as provided in subsection (a) of this section then said judgments shall be liens on the real estate of the judgment debtor within the county in which such judgment has been filed and docketed in the same manner and to the same extent and under the same conditions as if such judgments had been rendered in the Superior Court of any county of this State.

(c) The prothonotary of each county upon being presented with a transcript of a judgment rendered in any federal court within this State, and upon receiving a fee of $1.00, shall immediately file such transcript, and docket and index the judgment in the same manner as prescribed by law for the docketing and indexing of judgments rendered in the Superior Court of this State.

Code 1935, § 4773A; 47 Del. Laws, c. 366; 10 Del. C. 1953, § 4736.;

The fees of the prothonotary for services under this subchapter shall, unless otherwise provided, be regulated by the Superior Court in the several counties.

19 Del. Laws, c. 778, § 8; 22 Del. Laws, c. 457, § 8; 23 Del. Laws, c. 200, § 9; Code 1915, § 4301; Code 1935, § 4773; 10 Del. C. 1953, § 4737.;