§ 9533. Failure to appear; penalty.
§ 9533. Failure to appear; penalty. If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, in addition, be required to […]
§ 9549. Garnishees; time for appearance; pleadings.
§ 9549. Garnishees; time for appearance; pleadings. (a) The day fixed for the garnishees’ appearance shall not be less than 5 days from the date, nor shall it be after the return day of the execution. (b) The garnishee summoned on any execution, or other attachment, shall be bound to plead, or answer, concerning any […]
§ 9534. Form of attachment for contempt.
§ 9534. Form of attachment for contempt. The form of an attachment under § 9533 of this title for contempt against a witness, shall be as follows: “ County, ss. The State of Delaware, To any constable, greeting: Bring A. B. before , one of our justices of the peace, at a Justice of the […]
§ 9550. Proceeding by garnishee charging collusion.
§ 9550. Proceeding by garnishee charging collusion. (a) Any person summoned to answer under an execution attachment as a garnishee of another, to whom such person is indebted in a sum exceeding the amount cognizable before a justice of the peace, or any creditor of such garnishee, may, with the answer or plea admitting or […]
§ 9535. Form of distress warrant.
§ 9535. Form of distress warrant. The distress warrant to be used for levy on a referee’s goods and chattels shall be in the following form: “ County, ss. The State of Delaware, To any constable, greeting: Whereas, C. D. of has been adjudged by E. F., one of our justices of the peace, to […]
§ 9551. Appeal from proceeding by garnishee.
§ 9551. Appeal from proceeding by garnishee. (a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases. (b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on in the name of the […]
§ 9536. Setoff or counterclaim.
§ 9536. Setoff or counterclaim. (a) In every action before a justice of the peace, within the justice’s jurisdiction, the defendant, if he or she has against the plaintiff any account, demand, or cause of action, cognizable before a justice of the peace, shall bring it forward and plead it as a setoff; and the […]
§ 9552. Time of binding of goods and chattels by execution; duration of lien.
§ 9552. Time of binding of goods and chattels by execution; duration of lien. An execution shall not bind goods and chattels until it is delivered to the constable or other officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chattels of the defendant, within […]
§ 9537. Failure of defendant to appear; adjournment or judgment by default.
§ 9537. Failure of defendant to appear; adjournment or judgment by default. (a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned […]
§ 9538. Application to vacate default judgment.
§ 9538. Application to vacate default judgment. (a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply to have […]