VIII. Provisional and Final Remedies and Special Proceedings
Rule 64. Seizure
of persons or property.
(a) Generally. At
the commencement of and during the course of an action, all remedies provided
for seizure of person or property for the purpose of compelling appearance
or securing satisfaction of a judgment ultimately to be entered in the
action are available under the circumstances and in the manner provided
(b) Bench warrant. If it is made to appear that a respondent is evading service of process
or may leave the jurisdiction of the Court, or for any other just cause,
a bench warrant for the apprehension of such respondent may issue out
of the Court.
(c) Capias. When
a capias is issued out of this Court, the respondent shall be brought
before the Court immediately if in session; otherwise, in default of specified
bond, the respondent shall be detained in a facility of the Department
of Corrections/Services to Children, Youth and Their Families for appearance
in this Court at its next session.
Rule 64.1. Orders for hearing or rules to
Rule 65. Injunctions.
(1) Except as otherwise
provided in 13 Del.C. Section 1509, no preliminary injunction shall be
issued without notice to the adverse party, and without a prayer therefor
appearing in a verified complaint, or a motion therefor filed and supported
(2) Before or after
the commencement of the hearing of an application for a preliminary injunction,
the Court may order the trial of the action on the merits to be advanced
and consolidated with the hearing of the application. Even when this consolidation
is not ordered, any evidence received upon application for a preliminary
injunction which would be admissible upon the trial on the merits becomes
part of the record on the trial and need not be repeated upon the trial.
(b) Security. Except
for injunctions issued pursuant to 13 Del.C. Section 1509, no preliminary
injunction shall issue except upon the giving of security by the applicant,
in such sum as the Court deems proper, for the payment of such costs and
damages as may be incurred or suffered by any party who is found to have
been wrongfully enjoined.
(c) Form and scope
of injunction. Every order granting an injunction shall describe in
reasonable detail, and not by reference to the complaint or other document
unless such document is served with the injunction, the act or acts to
Rule 65.1. Security: Proceedings against
Whenever these Rules
require or permit the giving of security by a party, and security is given
in the form of a bond or stipulation or other undertaking with one or
more sureties, each surety submits to the jurisdiction of the Court and
irrevocably appoints the Clerk as agent upon whom any papers affecting
the surety's liability on the bond or undertaking may be served. The liability
may be enforced on motion without the necessity of an independent action.
The motion and such notice of the motion as the Court prescribes may be
served on the Clerk, who shall forthwith mail copies to the sureties if
their addresses are known.
Rule 65.2. Emergency and interim orders.
(a) Emergency order
requests. The Court may enter an emergency ex parte order upon the
motion of any party or upon the Court's own motion. Such orders may be
entered without  notice only  where the Court determines, by affidavit
or by verified complaint, that immediate and irreparable harm will result.
The moving party must certify to the Court reasons supporting the claim
that notice should not be required. No ex parte order shall be extended
past ten days without an evidentiary hearing which affords the adverse
party an opportunity to be heard, unless extended by the Court for good
Immediate and irreparable
harm means: (1) there is an immediate threat to the health and safety
of a child, due to the fact that serious physical abuse to the child or
another member of the child's household has previously occurred or been
threatened, and there is the likelihood of it occurring or reoccurring
to the child or to a member of the child's household; (2) there is a threat
of immediate harm to the health of the child, due to the present deprivation
of food, shelter, or medical attention; or (3) a child has been removed
from the State of Delaware in violation of a statute or Court Order.
(b) Interim relief. Applications for interim financial relief or temporary custody, not
of an emergency nature, shall be made by motion and determined by the
Court on affidavits or verified pleadings, or after hearing if the Court
requires it. After the entry of an interim order, either party may request
an evidentiary hearing.
(c) Priority scheduling
requests. Applications for early scheduling of a hearing shall be
made by motion and may be considered by the Court, in chambers, and without
the participation of the parties, or their counsel, after service of process
has been accomplished, notice of the motion given, and the time for response
to the motion has expired. The motion shall be considered on affidavits
and verified pleadings, which must set forth: (1) the nature of the controversy;
(2) the relief sought at a priority hearing; and (3) the facts ubgv which
the Court may conclude that unless the priority scheduling request is
granted, substantial and irreparable harm will result.
Sept. 1, 1987; Feb. 3, 1992; amended Dec. 30, 1998, effective Mar. 5,
Rule 65.3. Directions and restrictions on
(a) Whenever the Court
intends to impose restrictions on the conduct of a party, the conditions
or restrictions thereof shall be set forth in writing by the Court, or
by such other person or agency as the Court, by order, may delegate authority
to impose such conditions, and a copy thereof shall be furnished to such
person at the earliest possible time. The conditions or restrictions shall
become effective upon the person affected being notified, either orally
or in writing, by the Court or by some person designated by the Court.
In any case where imperiling the family relationship or care of a child
is the issue, an order directing any party to perform or refrain from
committing certain acts of conduct shall clearly set forth such acts or
(b) No party shall
be ordered without consent to perform or refrain from any act concerning
which no complaint was made or evidence presented.
Rule 66. Receivers appointed by federal
Rule 67. Deposit in Court.
In an action in which
any part of the relief sought is a judgment for a sum of money or the
disposition of a sum of money, a party, upon notice to every other party,
may deposit with the Court all or any part of such sum. In an action in
which any part of the relief sought is a judgment for the disposition
of any other thing capable of delivery, a party, upon notice to every
other party and by leave of court, may deposit with the Court all or any
part of such thing or things.
Rule 68. Offer of judgment.
Rule 69. Execution writ for payment of money:
Transcription to Superior Court.
(a) In general. If a final judgment or order be for the payment of past due liquidated
amount of money, it may contain in addition to other methods of enforcement
of the order, a provision for recording, docketing, indexing and/or filing
of the judgment with Superior Court where permitted by statute.
supplementary to judgment or execution. In aid of the judgment or
execution, the judgment creditor or a successor in interest when that
interest appears of record in the Superior Court, may examine any person,
including the person against whom a judgment has been entered, in the
manner provided in these Rules for taking depositions. Nothing herein
is intended to limit any rights or remedies which such creditor or successor
in interest may have in Superior Court.
Rule 70. Judgment for specific acts; vesting
by substitute and other methods of procuring compliance. If a judgment
directs a party to execute a conveyance of land or to deliver deeds or
other documents or to perform any other specific act and the party fails
to comply within the time specified, the Court may direct the act to be
done at the cost of the disobedient party by the Clerk of Court or by
some other person appointed by the Court if permitted by law and the act
when so done has like effect as if done by the party. On application of
the party entitled to performance, the Clerk shall issue a writ of attachment
or sequestration against the property of the disobedient party to compel
obedience to the judgment if permitted by law. The Court may also in proper
cases adjudge the party in contempt. If real or personal property is within
the jurisdiction of the Court and if permitted by law, the Court in lieu
of directing a conveyance thereof may enter a judgment divesting the title
of any party and vesting it in others and such judgment has the effect
of a conveyance executed in due form of law. The provisions of this paragraph
shall not be construed to replace any statutory authority granted this
Court to compel performance by a substitute.
(b) Contempt and
other remedies for disobedience of Court order. Except as otherwise
provided by law, for failure to obey a restraining or injunctive order,
or to obey or to perform any order, an attachment may be ordered by the
Court upon the filing in the cause of an affidavit showing service on
the respondent, or that the respondent has knowledge of the order and
setting forth the facts constituting the disobedience. At the hearing
of the attachment, the examination of the respondent and also of witnesses
shall be oral before the Court, unless it be otherwise ordered by the
In other proceedings
taken in the name of the State to punish contempt, the attachment may
be ordered upon the filing of an affidavit setting forth the facts constituting
the contempt and thereupon the proceedings shall be as set forth in the
preceding paragraph of this Rule.
Rule 71. Process in behalf of and against
persons not parties.
Rule 71.1. Condemnation of property.
Rule 71.2. Medical malpractice.