Sections
§ 3901 Affidavits of defense; judgments by default on written instruments; … 10
§ 3902 Assignee suing in own name 10
§ 3903 Bail bonds, recognizances, peace bonds or appearance bonds; actions … 10
§ 3904 Suits and judgments by and against unincorporated associations 10
§ 3905 Action for detention of goods and chattels 10
§ 3906 Action to recover goods seized by execution or attachment 10
§ 3907 Demand in actions to recover goods and chattels; necessity for proof 10
§ 3908 Judgments by confession; warrant of attorney 10
§ 3909 Complaint, declaration or cognovit upon judgments D.S.B. (debt … 10
§ 3910 Disclaimer of interest by defendant; interpleader 10
§ 3911 Recognizance of plaintiff upon interpleader 10
§ 3912 Counsel fees; recovering in actions on written instruments 10
§ 3913 Counterclaim in suits by or against executors or administrators 10
§ 3914 Proof of partnership 10
§ 3915 Proof of incorporation or corporate existence 10
§ 3916 Proof of agency in operation of motor vehicle 10
§ 3917 Proof of signatures in actions or written instruments 10
§ 3918 Recognizance of applicant for certiorari to justice of the peace 10
§ 3919 Defense in civil libel actions 10
§ 3920 Actions for price of newspapers or magazines received by mail; … 10
§ 3921 Presumption of proper administration of oath 10
§ 3922 Destruction of property by minors; recovery of damages from parents 10
§ 3923 Prosecution and defense of actions by persons of the age of 18 years … 10
§ 3924 Causes of action abolished for alienation of affections, criminal … 10
§ 3925 Public officers and employees 10
§ 3926 Production of records, jurisdiction 10
§ 3926A Production of reproductive health services records 10
§ 3927 Unsworn declarations under penalty of perjury 10
§ 3928 Limitations and protections against actions relating to the … 10
§ 3929 Recouperation of out-of-state judgments related to reproductive … 10
§ 3930 Civil action for public nuisance by firearm industry member 10
§ 3931 Civil actions for tortious injuries, including death, to … 10

Terms Used In Delaware Code > Title 10 > Chapter 39 - Pleading and Practice

  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Identifier: shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership. See Delaware Code Title 11 Sec. 617
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Intestate: Dying without leaving a will.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Student: shall mean any person enrolled in a school grades preschool through 12. See Delaware Code Title 11 Sec. 617
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.