Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 5. SUPERIOR COURT
Subchapter IV. Procedure
§ 561. Rules of Court in civil actions.
(a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which
prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and
all other practice and procedure with respect to the commencement, trial, hearing and determination of civil actions in the
Superior Court.
(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination
of every such action. The rules shall not abridge, enlarge or modify any substantive right of any party, and they shall preserve
the right of trial by jury as at common law and as declared by the statutes and Constitution of this State.
(c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory
provisions in conflict or inconsistent therewith.
(d) Any inconsistency or conflict between any rule promulgated under the authority of this section or prior law, and any of
the provisions of this Code or other statute of this State dealing with practice or procedure in the Superior Court, shall
be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall
in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in civil actions in
the Superior Court.
(e) As used in this section, the phrase "civil actions in the Superior Court" includes proceedings of every kind or character
within the jurisdiction of that Court except criminal proceedings.
Code 1852, §§ 1921, 2301-2304; 27 Del. Laws, c. 270, § 4; Code 1915, §§ 3688, 3730, 4164-4166; 34 Del. Laws, c. 226; Code 1935, §§ 4240, 4280, 4643-4645; 10 Del. C. 1953, § 561.;
§ 562. Writs.
The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process,
necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All
writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of
the Court, or otherwise as the particular case may require.
Code 1852, §§ 1923, 1924; Code 1915, § 3735; Code 1935, § 4285; 10 Del. C. 1953, § 562.;
§ 563. Default judgments; jury trial.
A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages
or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury
trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded
with accordingly.
Code 1852, § 1920; Code 1915, § 3729; 34 Del. Laws, c. 212; Code 1935, § 4279; 10 Del. C. 1953, § 563; 70 Del. Laws, c. 186, § 1.;
§ 564. Mandamus.
Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons
shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon
the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court
at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall
be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders
that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith
which shall be served in the usual manner.
19 Del. Laws, c. 775, § 3; Code 1915, § 3732; 34 Del. Laws, c. 213; Code 1935, § 4282; 10 Del. C. 1953, § 564.;
§ 565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.
In case any person forfeits recognizance of the peace, behavior, or appearance, the Superior Court shall make a record of
such default or forfeiture, and issue a scire facias, or other process, for the recovery of the forfeiture. The Court may
also order the Attorney General to satisfy the judgment obtained upon any forfeited recognizance of the peace, behavior, or
appearance, whenever it appears to the Court that the person or persons for whose keeping of the peace, behavior, or appearance
the recognizance had been given, was or had been apprehended after the forfeiture of the recognizance, and the case disposed
of by the public authorities having jurisdiction thereof, or whenever the Court has presented to it such facts or conditions
as, in its discretion, would warrant it in ordering the satisfaction of such judgment. When such order is made, the defendant
in the judgment shall pay the costs thereof.
Code 1852, § 1930; Code 1915, § 3799; 33 Del. Laws, c. 225; Code 1935, § 4311; 10 Del. C. 1953, § 565; 70 Del. Laws, c. 186, § 1.;
§ 566. Health care malpractice litigation.
(a) All health care malpractice claims shall be brought in the Superior Court by means of filing a complaint in the Superior
Court in the manner set forth in Chapter 68 of Title 18.
(b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such rules as they
are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the practice and
procedure relating to the commencement, trial, hearing and determination of civil actions in the Superior Court and especially
relating to the malpractice review panels provided for in subchapter III of Chapter 68 of Title 18 in health care malpractice
litigation. Such rule-making power shall be in addition to all such rule-making powers otherwise granted to the Judges of
the Superior Court in this title.
60 Del. Laws, c. 373, § 2.;
§ 567. Power to appoint Masters.
The Superior Court may appoint Masters who shall exercise such powers of the Court as shall be designated by the Court. No
Master shall conduct jury trials. Masters shall serve at the pleasure of the Court and shall receive such compensation as
the Court may determine. The conduct of Masters shall be governed by Court rules.
66 Del. Laws, c. 213, § 1.;
§ 568. Security of appeals.
(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to
be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed
from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.
(b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond
on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien
of the judgment appealed from and costs, interest thereon and the costs of the appeal.
(c) The bond or any other security required under this section need not be given by:
(1) The State or any political subdivision thereof, authorized to sue or be sued;
(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his representative capacity
as such officer or employee; or
(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.
Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 5. SUPERIOR COURT
Subchapter IV. Procedure
§ 561. Rules of Court in civil actions.
(a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which
prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and
all other practice and procedure with respect to the commencement, trial, hearing and determination of civil actions in the
Superior Court.
(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination
of every such action. The rules shall not abridge, enlarge or modify any substantive right of any party, and they shall preserve
the right of trial by jury as at common law and as declared by the statutes and Constitution of this State.
(c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory
provisions in conflict or inconsistent therewith.
(d) Any inconsistency or conflict between any rule promulgated under the authority of this section or prior law, and any of
the provisions of this Code or other statute of this State dealing with practice or procedure in the Superior Court, shall
be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall
in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in civil actions in
the Superior Court.
(e) As used in this section, the phrase "civil actions in the Superior Court" includes proceedings of every kind or character
within the jurisdiction of that Court except criminal proceedings.
Code 1852, §§ 1921, 2301-2304; 27 Del. Laws, c. 270, § 4; Code 1915, §§ 3688, 3730, 4164-4166; 34 Del. Laws, c. 226; Code 1935, §§ 4240, 4280, 4643-4645; 10 Del. C. 1953, § 561.;
§ 562. Writs.
The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process,
necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All
writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of
the Court, or otherwise as the particular case may require.
Code 1852, §§ 1923, 1924; Code 1915, § 3735; Code 1935, § 4285; 10 Del. C. 1953, § 562.;
§ 563. Default judgments; jury trial.
A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages
or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury
trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded
with accordingly.
Code 1852, § 1920; Code 1915, § 3729; 34 Del. Laws, c. 212; Code 1935, § 4279; 10 Del. C. 1953, § 563; 70 Del. Laws, c. 186, § 1.;
§ 564. Mandamus.
Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons
shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon
the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court
at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall
be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders
that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith
which shall be served in the usual manner.
19 Del. Laws, c. 775, § 3; Code 1915, § 3732; 34 Del. Laws, c. 213; Code 1935, § 4282; 10 Del. C. 1953, § 564.;
§ 565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.
In case any person forfeits recognizance of the peace, behavior, or appearance, the Superior Court shall make a record of
such default or forfeiture, and issue a scire facias, or other process, for the recovery of the forfeiture. The Court may
also order the Attorney General to satisfy the judgment obtained upon any forfeited recognizance of the peace, behavior, or
appearance, whenever it appears to the Court that the person or persons for whose keeping of the peace, behavior, or appearance
the recognizance had been given, was or had been apprehended after the forfeiture of the recognizance, and the case disposed
of by the public authorities having jurisdiction thereof, or whenever the Court has presented to it such facts or conditions
as, in its discretion, would warrant it in ordering the satisfaction of such judgment. When such order is made, the defendant
in the judgment shall pay the costs thereof.
Code 1852, § 1930; Code 1915, § 3799; 33 Del. Laws, c. 225; Code 1935, § 4311; 10 Del. C. 1953, § 565; 70 Del. Laws, c. 186, § 1.;
§ 566. Health care malpractice litigation.
(a) All health care malpractice claims shall be brought in the Superior Court by means of filing a complaint in the Superior
Court in the manner set forth in Chapter 68 of Title 18.
(b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such rules as they
are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the practice and
procedure relating to the commencement, trial, hearing and determination of civil actions in the Superior Court and especially
relating to the malpractice review panels provided for in subchapter III of Chapter 68 of Title 18 in health care malpractice
litigation. Such rule-making power shall be in addition to all such rule-making powers otherwise granted to the Judges of
the Superior Court in this title.
60 Del. Laws, c. 373, § 2.;
§ 567. Power to appoint Masters.
The Superior Court may appoint Masters who shall exercise such powers of the Court as shall be designated by the Court. No
Master shall conduct jury trials. Masters shall serve at the pleasure of the Court and shall receive such compensation as
the Court may determine. The conduct of Masters shall be governed by Court rules.
66 Del. Laws, c. 213, § 1.;
§ 568. Security of appeals.
(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to
be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed
from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.
(b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond
on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien
of the judgment appealed from and costs, interest thereon and the costs of the appeal.
(c) The bond or any other security required under this section need not be given by:
(1) The State or any political subdivision thereof, authorized to sue or be sued;
(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his representative capacity
as such officer or employee; or
(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.
Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 5. SUPERIOR COURT
Subchapter IV. Procedure
§ 561. Rules of Court in civil actions.
(a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which
prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and
all other practice and procedure with respect to the commencement, trial, hearing and determination of civil actions in the
Superior Court.
(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination
of every such action. The rules shall not abridge, enlarge or modify any substantive right of any party, and they shall preserve
the right of trial by jury as at common law and as declared by the statutes and Constitution of this State.
(c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory
provisions in conflict or inconsistent therewith.
(d) Any inconsistency or conflict between any rule promulgated under the authority of this section or prior law, and any of
the provisions of this Code or other statute of this State dealing with practice or procedure in the Superior Court, shall
be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall
in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in civil actions in
the Superior Court.
(e) As used in this section, the phrase "civil actions in the Superior Court" includes proceedings of every kind or character
within the jurisdiction of that Court except criminal proceedings.
Code 1852, §§ 1921, 2301-2304; 27 Del. Laws, c. 270, § 4; Code 1915, §§ 3688, 3730, 4164-4166; 34 Del. Laws, c. 226; Code 1935, §§ 4240, 4280, 4643-4645; 10 Del. C. 1953, § 561.;
§ 562. Writs.
The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process,
necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All
writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of
the Court, or otherwise as the particular case may require.
Code 1852, §§ 1923, 1924; Code 1915, § 3735; Code 1935, § 4285; 10 Del. C. 1953, § 562.;
§ 563. Default judgments; jury trial.
A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages
or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury
trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded
with accordingly.
Code 1852, § 1920; Code 1915, § 3729; 34 Del. Laws, c. 212; Code 1935, § 4279; 10 Del. C. 1953, § 563; 70 Del. Laws, c. 186, § 1.;
§ 564. Mandamus.
Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons
shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon
the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court
at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall
be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders
that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith
which shall be served in the usual manner.
19 Del. Laws, c. 775, § 3; Code 1915, § 3732; 34 Del. Laws, c. 213; Code 1935, § 4282; 10 Del. C. 1953, § 564.;
§ 565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.
In case any person forfeits recognizance of the peace, behavior, or appearance, the Superior Court shall make a record of
such default or forfeiture, and issue a scire facias, or other process, for the recovery of the forfeiture. The Court may
also order the Attorney General to satisfy the judgment obtained upon any forfeited recognizance of the peace, behavior, or
appearance, whenever it appears to the Court that the person or persons for whose keeping of the peace, behavior, or appearance
the recognizance had been given, was or had been apprehended after the forfeiture of the recognizance, and the case disposed
of by the public authorities having jurisdiction thereof, or whenever the Court has presented to it such facts or conditions
as, in its discretion, would warrant it in ordering the satisfaction of such judgment. When such order is made, the defendant
in the judgment shall pay the costs thereof.
Code 1852, § 1930; Code 1915, § 3799; 33 Del. Laws, c. 225; Code 1935, § 4311; 10 Del. C. 1953, § 565; 70 Del. Laws, c. 186, § 1.;
§ 566. Health care malpractice litigation.
(a) All health care malpractice claims shall be brought in the Superior Court by means of filing a complaint in the Superior
Court in the manner set forth in Chapter 68 of Title 18.
(b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such rules as they
are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the practice and
procedure relating to the commencement, trial, hearing and determination of civil actions in the Superior Court and especially
relating to the malpractice review panels provided for in subchapter III of Chapter 68 of Title 18 in health care malpractice
litigation. Such rule-making power shall be in addition to all such rule-making powers otherwise granted to the Judges of
the Superior Court in this title.
60 Del. Laws, c. 373, § 2.;
§ 567. Power to appoint Masters.
The Superior Court may appoint Masters who shall exercise such powers of the Court as shall be designated by the Court. No
Master shall conduct jury trials. Masters shall serve at the pleasure of the Court and shall receive such compensation as
the Court may determine. The conduct of Masters shall be governed by Court rules.
66 Del. Laws, c. 213, § 1.;
§ 568. Security of appeals.
(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to
be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed
from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.
(b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond
on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien
of the judgment appealed from and costs, interest thereon and the costs of the appeal.
(c) The bond or any other security required under this section need not be given by:
(1) The State or any political subdivision thereof, authorized to sue or be sued;
(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his representative capacity
as such officer or employee; or
(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.