Delaware Constitution

Adopted by Constitutional Convention June 4, 1897

Became effective June 10, 1897

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Table of Contents

Article IV. Judiciary

Creation of courts

Justices of Supreme Court and other state Judges; qualifications; residence; precedence; retiree sitting temporarily

Appointment of judges; terms of office; vacancies; political representation; confirmation of appointment.

Compensation of judges; method of payment; receipt of other fees or holding other office

Composition of Superior Court and Orphans' Court; presiding judge; quorum

Sections of Superior Court and Orphans' Courts

Jurisdiction of Superior Court

Definitions of particular terms

Jurisdiction of Orphans' Court

Composition and jurisdiction of Court of Chancery; initiation and decisions in causes and proceedings

Jurisdiction of Supreme Court

Composition of Supreme Court; designation of temporary Justices; quorum; opening and adjourning court

Administrative head of courts; supervisory powers; designation of judges to sit in Court of Chancery, the Superior Court or the Orphans' Court

Power of law judges to grant restraining orders and preliminary injunction

Judges ad litem; limitation and expiration of commission; compensation; persons not disqualified

Scope of jurisdiction and process; costs

Jurisdictional changes by General Assembly; appeals to Supreme Court

Powers of Chancellor, Vice-Chancellors, and Judges

Instructions to jury

Trial by court of issues of fact in civil causes

Amendments in civil pleadings and proceedings by Superior Court; examination of witnesses and parties

Payment into court pending action for debt or damages; costs

Survival of action; executor or administrator as party; continuance

Security for stay of proceedings on appeal or writ of error

Time for writ of error on confession of judgement; exceptions

Prothonotary as Clerk of Superior Court; powers and duties; entry of testatum fieri facias

Clerk of Supreme Court; term of office and compensation

Criminal jurisdiction of interior courts and justices of the peace; regulation of jurisdiction; indictment; jury trial; appeals

Justices of the peace; term of office

Justices of the Peace and Judges of Legislative Courts; appointment by Governor; terms of office