§ 5401. Findings of the General Assembly [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].
§ 5401. Findings of the General Assembly [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. The members of the 143rd General Assembly find that: (1) On November 23, 2004, the Delaware Supreme Court sitting en banc decided the case of Ward T. Evans v. State of Delaware, 2004 WL […]
§ 5304. Court appointees and surveyors.
§ 5304. Court appointees and surveyors. (a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to each other and to any surveyor, or […]
§ 5402. Evans v. State [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].
§ 5402. @*@*Evans v. State@*END@* @*bold@* [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@*END@* Based on the findings set forth in § 5401 of this title and in recognition that the Delaware Constitution vests authority and sole responsibility for lawmaking in the General Assembly, the General Assembly asserts its […]
§ 5305. Nonresidents in legal proceedings.
§ 5305. Nonresidents in legal proceedings. In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State […]
§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].
§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. (a) Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the General Assembly in passing statutes, nor may they interpret or construe statutes and […]
§ 5321. Method of administering.
§ 5321. Method of administering. The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book. Code 1852, § 2359; Code 1915, § 4245; Code 1935, § 4715; 10 Del. C. […]
§ 5322. Uplifted hand.
§ 5322. Uplifted hand. A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall […]
§ 5323. Affirmation.
§ 5323. Affirmation. A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified. Code 1852, § 2361; Code 1915, § 4248; Code 1935, § 4718; 10 Del. C. 1953, § 5323;
§ 5324. Non-Christians.
§ 5324. Non-Christians. A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person’s religion, if there be any such. Code 1852, § 2362; Code 1915, § 4249; Code 1935, § 4719; 10 Del. C. 1953, § 5324; 70 Del. Laws, c. 186, § 1;
§ 5209. Pre-judgment and judgment interest.
§ 5209. Pre-judgment and judgment interest. (a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters of the substantive law governing the right to recovery under the […]