Chapter 13

§ 1301 Court of Common Pleas. 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 ; § 1302 Judges; qualifications; residence; Chief Judge. (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 ; § 1303 Appointment of Judges; term; vacancies; political representation; salary. (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 ; § 1304 Quorum. 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 ; § 1305 Places of holding Court. 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 ; § 1306 Terms of Court. 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 ; § 1307 Seals; rules of Court. 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 ; § 1308 Disposition of money. (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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1309 Appointment of Clerks and other officers; terms [Transferred]. Transferred to § 1311 of this title. § 1310 Law clerks. Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Court of Common Pleas 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, §  5 ; § 1311 Appointment of Clerks and other officers; terms. (a) The Chief Judge of the Court shall appoint a competent person to act as Chief Clerk of the entire Court who shall be responsible to the Chief Judge for the administration of all nonjudicial activity in the Court. In addition, the Chief Judge shall appoint a competent person from each county as Deputy Clerk for the Court in that county and such other officers and employees deemed necessary to perform the business of the Court. (b) The Clerks, other officers and employees shall hold office at the pleasure of the Court. 10 Del. C. 1953, §  1309; 59 Del. Laws, c. 133, §  1 ; 60 Del. Laws, c. 629, §  1 ; 69 Del. Laws, c. 426, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1312 Deputy Clerk; powers and duties. The Court may appoint a suitable person in each county to be Deputy Clerk, who shall hold such office at the pleasure of the Court and who, during tenure in said office, shall have, exercise and perform the powers and duties of the Clerk when so instructed by the Court and shall perform such other duties as shall be assigned by the Court. 10 Del. C. 1953, §  1312; 59 Del. Laws, c. 133, §  1 ; 69 Del. Laws, c. 426, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1313 Powers and duties of Clerks. (a) The Clerk for the county in which the Clerk is appointed shall have care of the records and proceedings for said county, and shall receive all fees, fines, restitution and costs and pay the same over as provided in this chapter. (b) The Clerk may administer all necessary oaths; the Clerk shall enter the judgments, issue commitments and executions to enforce the same and make and keep the records of the Court in all cases therein under the direction of the Judges. The Clerk shall issue all process under the Clerk’s hand and the seal of the Court, signing such process by the title of office and shall tax costs. (c) The Clerk shall have such other duties as may be prescribed by rule of court, or by administrative direction. 10 Del. C. 1953, §  1311; 59 Del. Laws, c. 133, §  1 ; 63 Del. Laws, c. 141, §  5 ; 69 Del. Laws, c. 426, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1314 Bonds of Clerks and Deputy Clerks. Each Clerk and Deputy Clerk of the Court shall, before entering upon the duties of the office, give bond to the State in the sum of $5,000 with approved surety to faithfully perform and execute all the duties of the office during continuance therein. The bond shall be approved by the Chief Judge. Should any Clerk or Deputy Clerk so appointed fail to give bond as required within 30 days from the date of appointment, the Court shall make a new appointment. 10 Del. C. 1953, §  1310; 59 Del. Laws, c. 133, §  1 ; 69 Del. Laws, c. 426, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1314A Bailiffs, criers and pages; compensation; duties. (a) The Court of Common Pleas may appoint and remove at pleasure such number of bailiffs, criers, and pages as shall be necessary for the proper operation of the Court. They shall receive such compensation as shall from time to time be approved in the budget of the Court. They shall perform such duties and have such powers in connection with attendance upon the Court as the Court may from time to time prescribe and shall receive no other fees or compensation. (b) From its staff of bailiffs, criers, and pages, the Court may appoint by court order peace officers, who shall have, during the stated terms of such appointment, unless sooner rescinded by the court order, such powers normally incident to peace officers, including, but not limited to, the power to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions. The order appointing such peace officers shall be recorded in the office of the recorder of deeds in and for the county where they are employed in the same manner as gubernatorial commissions. 75 Del. Laws, c. 188, §  1 ; 78 Del. Laws, c. 79, §  3 ; § 1315 Commissioners of the Court of Common Pleas; appointment; terms of office; removal. (a) The Governor may appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Court of Common Pleas, all of whom shall hold office for a term of 4 years. Vacancies in office shall be filled for a term of 4 years by the Governor, with the consent of a majority of all members elected to the Senate. Upon second and subsequent appointments and confirmations, a Commissioner of the Court of Common Pleas shall hold office for a term of 6 years. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of this State, and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. The number of Commissioners from 1 major political party shall not exceed the number of Commissioners from another major political party by more than 1. (b) Individuals appointed as Commissioners under this section shall take the oath or affirmation prescribed by article XIV, §  1 of the Delaware Constitution before they enter upon the duties of their offices. (c) The salaries of Commissioners shall be part of the annual budget of the Court of Common Pleas. The salary of a Commissioner shall not be reduced during the term being served below the salary fixed at the beginning of that term. 69 Del. Laws, c. 426, §  2 ; 74 Del. Laws, c. 165, §  3 ; § 1316 Jurisdiction and powers of Commissioners of the Court of Common Pleas. (a) Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Court of Common Pleas. (2) The power to administer oaths and affirmations, issue orders pursuant to Chapter 21, Title 11 of the Delaware Code concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions. (3) The power to accept pleas of not guilty to any offense within the jurisdiction of the Court of Common Pleas and to appoint counsel to represent indigent defendants. (4) The power to accept a plea of guilty to a misdemeanor or violation, including any violation of probation, or violation of Title 21, or any other violation defined in the Delaware Code, and, with the consent of the parties, to enter a sentence thereon. (b) Commissioners may be designated to perform the following with the approval of the Chief Judge or the Chief Judge’s designee: (1) a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except the following motions: for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this paragraph (b)(1)a. where it has been shown that the Commissioner’s order is based upon findings of fact that are clearly erroneous, or is contrary to law, or an abuse of discretion. b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted in paragraph (b)(1)a. of this section or of applications for postconviction relief made by individuals convicted of criminal offenses. c. The Commissioner shall file proposed findings and recommendations under paragraph (b)(1)b. of this section with the Court and shall mail copies forthwith to all parties. d. Within 10 days after being served with a copy of proposed findings and recommendations under paragraph (b)(1)b. of this section any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court. A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instructions. (2) A judge may also designate a Commissioner to serve as a special master or master pro hac vice pursuant to the applicable provisions of the Court of Common Pleas Civil Rules of Procedure. (3) A Commissioner may be assigned such additional duties by the Chief Judge, including assignments to other courts upon designation by the Chief Justice, as are not inconsistent with the Constitution and laws of the State. A Commissioner designated to sit in another court may exercise the powers and duties of a Commissioner appointed to said court. 69 Del. Laws, c. 426, §  2 ; 70 Del. Laws, c. 186, §  1 ; § 1316A Assignment of retired Commissioners to active duty. (a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in the Court of Common Pleas provided, however, that the retired Commissioner: (1) Was serving in good standing as a Commissioner at the time of retirement; (2) Assents to such designation; and (3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to: the private practice of law; the holding of any state office; or employment by the State in any capacity. (b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1 / 2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge. (c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other court funds approved to be expended for this purpose. 78 Del. Laws, c. 315, §  2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1317 City Solicitor; powers and duties. (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 ; § 1321 Scope of jurisdiction and process. 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 ; § 1322 Civil jurisdiction; amount in controversy. (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 $75,000. (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 $75,000 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 ; 82 Del. Laws, c. 154, § 1 ; § 1323 Causes transferred from Superior Court. 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 ; § 1324 General powers of Court. 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 ; § 1325 Judgments and executions. (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 ; § 1326 Appeal in civil actions. (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 ; § 1327 Civil trial without jury or referees. 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 ; § 1328 Civil actions; demand for jury trials; waivers; removal to Superior Court. (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 ; § 1329 Record. 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 ; § 1330 Proceedings pending at time of effective date of this chapter; books, records and papers. (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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }