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Del. Code tit. 10 ch. 1
Chapter 1
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§ 101 Place of holding Court.
The Supreme Court shall be held at Dover, except in limited circumstances involving a judicial emergency under Chapter 20 of this title or when the Court determines that the education of the Bar or law students, or the public interest would be advanced by having a special session of the Court in another location. Code 1852,
§
1907;
Code 1915,
§
3683;
Code 1935,
§
4235;
10 Del. C. 1953,
§
101;
80 Del. Laws, c. 192,
§
1 ;
§ 102 Offices for the Justices.
The Supreme Court may obtain such office space for each of the Justices thereof as shall be necessary and appropriate to permit the Justices to properly carry out their duties. The offices of the respective Justices need not be in Dover and may be in the counties where the Justices, respectively, reside. Bills for such office rent shall be paid by the State Treasurer when approved in writing by any Justice of the Court. Code 1935,
§
4271;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
102;
§ 103 Salaries of Justices.
The Chief Justice and each of the Justices of the Supreme Court shall receive such compensation as shall be provided by law. Code 1852,
§
467;
26 Del. Laws, c. 58 ;
Code 1915,
§
395;
30 Del. Laws, c. 44 ;
37 Del. Laws, c. 41 ;
Code 1935,
§
369;
46 Del. Laws, c. 248 ;
47 Del. Laws, c. 200 ;
48 Del. Laws, c. 260 ;
10 Del. C. 1953,
§
103;
52 Del. Laws, c. 113,
§
1 ;
55 Del. Laws, c. 403,
§
1 ;
57 Del. Laws, c. 675,
§
1 ;
59 Del. Laws, c. 472,
§
1 ;
62 Del. Laws, c. 12,
§
1 ;
70 Del. Laws, c. 186,
§
1 ;
76 Del. Laws, c. 213,
§
17 ;
§ 104 Purchase of supplies.
The Supreme Court from time to time may purchase for the Court such furniture, equipment, law books, stationery, and other supplies as may be requisite for the proper operation of the Court. Code 1935,
§
4272B;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
104;
50 Del. Laws, c. 67,
§
1 ;
§ 105 Payment of expenses.
The payment of the compensation of the Clerk and all other persons appointed or employed by the Court or any Justice thereof under the provisions of subchapter II of this chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Justices and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the Supreme Court. 10 Del. C. 1953,
§
105;
50 Del. Laws, c. 67,
§
2 ;
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§ 121 Clerk of Supreme Court; bond; duties generally.
(a) Every Clerk of the Supreme Court duly appointed, shall, after being appointed and before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penal sum of $3,000 the condition of which shall be as follows:
________________
“That if the above named ________________ who has been duly appointed to be Clerk of the Supreme Court shall and do well and diligently execute the duties of the office of Clerk of the Supreme Court as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to his or her successor in office, the seal and all the books, records and papers belonging to such office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.”
________________
(b) The sufficiency of the surety and the form of the bond shall be subject to the approval of a Justice of the Court.
(c) The Clerk shall be custodian of the seal, the books, the records and the papers of the Court, and shall perform such duties as the Court may direct. Code 1852,
§§
441-443;
14 Del. Laws, c. 42 ;
16 Del. Laws, c. 24 ;
23 Del. Laws, c. 60,
§
3 ;
Code 1915,
§
379;
30 Del. Laws, c. 43 ;
Code 1935,
§
348;
10 Del. C. 1953,
§
121;
50 Del. Laws, c. 67,
§
3 ;
70 Del. Laws, c. 186,
§
1 ;
§ 122 Cancellation of Clerk’s bond.
The bond of the Clerk of the Supreme Court provided for in § 121 of this title shall be canceled 3 years after the expiration of the Clerk’s term of office and shall, after such time cease to be a lien on any property of any kind of the Clerk or the Clerk’s bondspersons. Code 1915,
§
379A;
28 Del. Laws, c. 34 ;
Code 1935,
§
349;
46 Del. Laws, c. 56,
§
1 ;
10 Del. C. 1953,
§
122;
70 Del. Laws, c. 186,
§
1 ;
§ 123 Court reporter; stenographic and clerical assistants.
The Supreme Court may from time to time employ a court reporter and such additional stenographic and clerical assistants as may be necessary for the proper operation of the Court. Any such persons shall receive for their services such amounts as the Supreme Court shall from time to time determine. Code 1935,
§
4272;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
123;
50 Del. Laws, c. 67,
§
4 ;
§ 124 Office secretaries.
Each Justice of the Supreme Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Justices shall from time to time determine. Code 1935,
§
4272A;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
124;
50 Del. Laws, c. 67,
§
4 ;
§ 125 Certification of appointments.
The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them. 10 Del. C. 1953,
§
125;
50 Del. Laws, c. 67,
§
5 ;
§ 128 Administrative Office of the Courts.
(a) The Administrative Office of the Courts is hereby created with a State Court Administrator as head thereof.
(b) The State Court Administrator shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court of the State. In the event the Chief Justice appoints as State Court Administrator an attorney-at-law admitted to practice before the Delaware Supreme Court, such State Court Administrator shall not practice law while serving as State Court Administrator.
(c) The salary of the State Court Administrator shall be determined by the Chief Justice, but in no event shall be greater than the salary of a Judge of the Superior Court.
(d) The function of the office shall be to assist the Chief Justice in carrying out the Chief Justice’s constitutional responsibilities as administrative head of all the courts in the State, and the duties of the office shall be as prescribed by the Chief Justice or by rule of the Supreme Court of the State.
(e) The State Court Administrator may, with the approval of the Chief Justice, appoint such deputies, administrative assistants, and clerical personnel as are required.
(f) The State Court Administrator shall have oversight of the Judicial Information Center, the Office of State Court Collections Enforcement, and the law libraries. 10 Del. C. 1953,
§
128;
58 Del. Laws, c. 70 ;
62 Del. Laws, c. 52,
§
2 ;
70 Del. Laws, c. 186,
§
1 ;
72 Del. Laws, c. 190,
§
2 ;
76 Del. Laws, c. 213,
§
18 ;
83 Del. Laws, c. 482,
§
1 ;
84 Del. Laws, c. 42,
§
1 ;
§ 129 Law clerks.
Law clerks hold major, nontenured advisory positions for the Justices of the Court. The Supreme Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court. 78 Del. Laws, c. 51,
§
1 ;
Delaware General Assembly
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§ 141 Advisory opinions of Justices upon request of Governor and General Assembly.
(a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by resolution require it for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by 2 / 3 of all members elected to each House.
(b) The Justices of the Supreme Court may appoint 1 or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing or arguing the legal issues submitted by the Governor or General Assembly.
(c) If the Governor should request an advisory opinion from the Court, the Governor shall, within 5 days, notify the leadership of both Houses by sending them a copy of such request. If the General Assembly should request an advisory opinion from the Court, the Speaker of the House and the President Pro Tempore of the Senate shall within 5 days notify the Governor by sending a copy of such request.
(d) Upon receipt of such advisory opinion from the Supreme Court the governor or the General Assembly shall, within 5 days, notify the opposite party by sending a copy of such advisory opinion. Code 1852,
§
482;
Code 1915,
§
402;
Code 1935,
§
374;
10 Del. C. 1953,
§
141;
58 Del. Laws, c. 514 ;
64 Del. Laws, c. 214,
§
1 ;
70 Del. Laws, c. 186,
§
1 ;
§ 142 Writs of certiorari.
Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of the Court without petition therefor or the allocatur of any Judge or order of the Court. 21 Del. Laws, c. 118 ;
Code 1915,
§
3710;
Code 1935,
§
4263;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
142;
§ 143 Time for appeal from interlocutory order or decree.
No appeal from an interlocutory order, judgment or decree shall be received in the Supreme Court, unless such appeal is filed in the Supreme Court within 30 days after such order, judgment or decree is entered. Code 1852,
§
2755;
Code 1915,
§
4686;
Code 1935,
§
5144;
10 Del. C. 1953,
§
143;
57 Del. Laws, c. 460. ;
§ 144 Failure to appeal from interlocutory order; consideration on final appeal.
A failure to appeal from an interlocutory order, judgment or decree of the Court of Chancery or Superior Court shall not bar a party from making any objection to such interlocutory order, judgment or decree on appeal from the final order, judgment or decree. Code 1852,
§
2756;
Code 1915,
§
4687;
Code 1935,
§
5145;
10 Del. C. 1953,
§
144;
57 Del. Laws, c. 459. ;
§ 145 Time for appeal from final judgment of the Court of Chancery.
No appeal from a final judgment or decree of the Court of Chancery shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.
This section shall not affect the time for cross-appeals provided in § 149 of this title. Code 1852,
§
2757;
Code 1915,
§
4688;
38 Del. Laws, c. 204 ;
Code 1935,
§
5146;
10 Del. C. 1953,
§
145;
51 Del. Laws, c. 346,
§
1 ;
58 Del. Laws, c. 20,
§
1 ;
§ 146 Time for appeal of infants or mentally incompetent persons not represented by a guardian or trustee.
When an infant or a mentally incompetent person is a party to an action and was not represented in the action in the lower court by a guardian ad litem, general guardian or trustee, the time within which such infant or mentally incompetent person may appeal to the Supreme Court shall begin to run at the ceasing of such disability and not at the time of signing the judgment or decree. Code 1852,
§§
2758, 2762;
Code 1915,
§§
4689, 4693;
Code 1935,
§§
5147, 5151;
10 Del. C. 1953,
§
146;
§ 147 Time for appeal from Superior Court in criminal actions.
(a) Except as provided in paragraph (b) of this section, no appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.
(b) When an appeal is filed by a pro se inmate confined in an institution:
(1) The appeal is timely filed if:
a. The inmate’s praecipe or notice of appeal is placed in the institution’s internal mail system on or before the last day for filing.
b. The first-class postage is prepaid.
c. The praecipe or notice of appeal is accompanied by a receipt from the institution’s staff verifying the date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.
(2) The institution’s staff must give the inmate a copy of a receipt containing the following:
a. The name of the staff member who received the inmate’s praecipe or notice of appeal.
b. The date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.
c. The case number. 10 Del. C. 1953,
§
147;
51 Del. Laws, c. 346,
§
2 ;
58 Del. Laws, c. 22,
§
1 ;
85 Del. Laws, c. 23,
§
1 ;
§ 148 Time for appeal from final judgment of the Superior Court in civil actions.
No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.
This section shall not affect the time for cross-appeals provided in § 149 of this title. 10 Del. C. 1953,
§
148;
51 Del. Laws, c. 346,
§
3 ;
58 Del. Laws, c. 21,
§
1 ;
§ 149 Time for cross-appeal in civil actions.
In any civil action where a timely notice of appeal to the Supreme Court is filed by a party, any other party may file a notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the time otherwise prescribed by this title, whichever expires last. 10 Del. C. 1953,
§
149;
57 Del. Laws, c. 461. ;
§ 150 Time for appeal from Superior Court in concealed carry permit actions.
Any applicant or licensee may, at any time within 30 days from the date of any adverse decision or action of the Superior Court made pursuant to its administration of the provisions of § 1441 of Title 11, appeal that decision or action to the Supreme Court. 73 Del. Laws, c. 111,
§
1 ;
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§ 161 Rules of Court and special orders.
(a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular and special sessions, fix the time of and otherwise regulate the return of process issued out of the Court, fix the fees which shall be paid and the costs which shall be taxed in the Court, provide for the conduct of the business of the Court, and regulate the practice and procedure governing causes and proceedings in the Court.
(b) The Rules of the Supreme Court shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.
(c) The rules shall not abridge, enlarge or modify any substantive right of any party. Code 1852,
§
1912;
18 Del. Laws, c. 218,
§
1 ;
21 Del. Laws, c. 116 ;
24 Del. Laws, c. 236 ;
25 Del. Laws, c. 227,
§
1 ;
27 Del. Laws, c. 270,
§
4 ;
Code 1915,
§§
3684, 3688, 3707;
Code 1935,
§§
4236, 4240, 4261;
43 Del. Laws, c. 222,
§§
1, 2 ;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
161;
§ 162 Judgment docket; indices.
Whenever a judgment is entered, or signed, in the Supreme Court, the Clerk of that Court shall set down on the docket thereof, the day, month and year of actually entering or signing it. The Clerk shall also keep 2 indices to his or her judgment docket, and make the entries therein, as required of the prothonotary in Chapter 23 of this title, under the penalties prescribed by Chapter 23 of this title, the provisions of which are, for this purpose, extended to the Clerk of the Supreme Court. Code 1852,
§
683;
Code 1915,
§
3722;
Code 1935,
§
4268;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
162;
70 Del. Laws, c. 186,
§
1 ;
§ 163 Prepayment, and bill of costs; refunds; penalty for neglect by Clerk.
The plaintiff or appellant, shall, on docketing a cause in the Supreme Court, pay the Clerk such fee as the Supreme Court shall have prescribed by its Rules. Upon the determination of the cause, the Clerk shall enter on the record a bill of the costs, and after deducting his or her own fees shall, on demand, refund any portion of the sum that may be due to the plaintiff or appellant.
If the Clerk wilfully fails or neglects to comply with this section, he or she shall be fined in such amount or imprisoned for such term, or both, as the trial court, in its discretion, may determine; and shall forfeit his or her office. Code 1852,
§
684;
Code 1915,
§
3723;
Code 1935,
§
4269;
48 Del. Laws, c. 258,
§
1 ;
10 Del. C. 1953,
§
163;
70 Del. Laws, c. 186,
§
1 ;
Delaware General Assembly
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Executive
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