If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under § 4772 of this title may be made by the court upon the application of the plaintiff only.

Code 1852, § ?2418; Code 1915, § ?4317; Code 1935, § ?4789; 10 Del. C. 1953, § ?4773;

Terms Used In Delaware Code Title 10 Sec. 4773

  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.