Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
Subchapter III. Jurisdiction and General Powers
§ 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.;
§§ 1318-1320. Judgments and executions; appeal in civil actions; civil trial without jury or referees; civil actions; demand
for jury trials; waivers; removal to Superior Court.
Transferred.
§ 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 $50,000.
(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 $50,000 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.;
§ 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.;
Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
Subchapter III. Jurisdiction and General Powers
§ 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.;
§§ 1318-1320. Judgments and executions; appeal in civil actions; civil trial without jury or referees; civil actions; demand
for jury trials; waivers; removal to Superior Court.
Transferred.
§ 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 $50,000.
(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 $50,000 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.;
§ 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.;
Organization, Powers, Jurisdiction and Operation of Courts
CHAPTER 13. THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE
Subchapter III. Jurisdiction and General Powers
§ 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.;
§§ 1318-1320. Judgments and executions; appeal in civil actions; civil trial without jury or referees; civil actions; demand
for jury trials; waivers; removal to Superior Court.
Transferred.
§ 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 $50,000.
(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 $50,000 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.;
§ 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.;