Delaware Code Title 10 Sec. 3917 – Proof of signatures in actions or written instruments
In any action brought upon any deed, bond, bill, note or other instrument of writing, a copy of which has been filed with the complaint, the plaintiff may specifically require the defendant or defendants to deny the allegation that the defendant’s or defendants’ signature appears on the instrument by affidavit filed with the answer, by the specific notation of the need for denial by affidavit within the paragraph alleging that the signature of defendant or defendants appears upon the instrument. Any defendant so answering shall specifically deny that the defendant’s signature appears on the instrument. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with the answer shall be deemed an admission of the signature as alleged.
Code 1852, § ?2309; Code 1915, § ?4170; Code 1935, § ?4649; 10 Del. C. 1953, § ?3917; 65 Del. Laws, c. 296, § ?5; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 10 Sec. 3917
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.