§ 5946. Verification of contestant’s statement.
§ 5946. Verification of contestant’s statement. The statement shall be verified by the oath of the contestant that the matters therein set forth are, so far as they relate to the contestant’s own act and deed, true and that what relates to the act and deed of any other person the contestant believes to be […]
§ 5947. Security for costs.
§ 5947. Security for costs. Any person contesting any election under this subchapter shall be required to give security for costs in such amount and manner as the court shall order. Such security, however, shall in no case be enforced unless judgment for costs be rendered against the contestant. 17 Del. Laws, c. 33, § […]
§ 5948. Citation; service and return.
§ 5948. Citation; service and return. Before the statement is filed, the Prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superior Court to make such defense as […]
§ 5949. Dismissal of proceedings.
§ 5949. Dismissal of proceedings. The Court may dismiss the proceedings if the statement of the cause or causes of contest do not conform to the requirements set forth in this subchapter or for want of prosecution. 17 Del. Laws, c. 33, § 10; 19 Del. Laws, c. 572, § 3; Code 1915, § 1907; […]
§ 5950. Trial.
§ 5950. Trial. If proceedings are not dismissed, the case shall proceed upon its merits and be tried and determined by the Court by the rules of law and evidence governing the determination of questions of law and facts in the Superior Court, so far as the same are applicable. 17 Del. Laws, c. 33, […]
§ 5951. Trial by Court; by jury.
§ 5951. Trial by Court; by jury. All cases of contest under this subchapter shall be fully heard and determined by the Court, without the aid or intervention of a jury, unless 1 or both of the parties to the contest shall claim a trial by jury, and the Court shall, in its judgment, determine […]
§ 5952. Proof and evidence limited by statement.
§ 5952. Proof and evidence limited by statement. At the trial of any contest under this subchapter the contestant shall be limited in that contestant’s proof and in the admission of evidence to the witnesses named in the statement, and the witnesses shall be limited in their testimony to the facts set forth in the […]
§ 5925. Inquiry restricted to grounds of objection in specifications.
§ 5925. Inquiry restricted to grounds of objection in specifications. In the trial of the case of a contested election, the parties shall be restricted to the grounds of objection in the specifications set forth and to the statement of the other grounds upon which the person declared to have been elected rests the validity […]
§ 5953. Examination of ballots by Court.
§ 5953. Examination of ballots by Court. In the trial of any contested election under this subchapter, the Court may make an examination of the ballots given in such election, except that wherever the ballot boxes, ballots, poll lists, tally sheets or other books or records pertaining to any election, excepting the certificate of election […]
§ 5926. Subpoenas for witnesses.
§ 5926. Subpoenas for witnesses. Where any contestant or person who has been declared elected and whose election is contested is desirous of obtaining testimony respecting a contested election, such person may apply to the Prothonotary of the Superior Court in Kent County, for a subpoena or subpoenas for summoning such witnesses as the contestant […]