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 by statute.
(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 show cause.
Omitted.
(a) Preliminary injunction.
(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 by affidavit.
(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 be enjoined.
Rule 65.1. Security: Proceedings against sureties.
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 cause shown.
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.
(Amended, effective Sept. 1, 1987; Feb. 3, 1992; amended Dec. 30, 1998, effective Mar. 5, 1999.)
Rule 65.3. Directions and restrictions on conduct.
(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 conduct.
(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 courts.
Omitted.
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.
Omitted.
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.
(b) Proceedings 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 title; contempt.
(a) Performance 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 Court.
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.
Omitted.
Rule 71.1. Condemnation of property.
Omitted.
Rule 71.2. Medical malpractice.
Omitted.
