Delaware Code Title 10 Sec. 5053 – Motion denying fraud; disposition
The court in which the affidavit referred to in § 5052 of this title is filed shall, upon motion of the person arrested, and reasonable notice in writing to the party in whose favor the process issued, or such party’s attorney, investigate the specifications of fraud in an affidavit made under § 5052 of this title; and, upon such investigation, may discharge the movant from imprisonment, or the movant for trial not later than the next term of the court of the county wherein the process issued, upon a denial, in the motion, of the specifications of fraud, or may make such order in the premises as the court deems just and proper.
Terms Used In Delaware Code Title 10 Sec. 5053
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
In the Superior Court, the trial referred to in this section shall be by the Court unless a trial by jury is demanded by the movant.
Code 1852, § ?2482; 11 Del. Laws, c. 505; Code 1915, § ?4397; Code 1935, § ?4855; 10 Del. C. 1953, § ?5053; 70 Del. Laws, c. 186, § ?1;