Superior Court

Question 1

Jurisdiction

Answer 1

Statewide.
Civil–Exclusive over all controversies over $75k
Exclusive over med mal litigation
can issue declaratory judgements

Criminal–all crim jx not vested exclusively in another court

Question 2

Remedial Writ

Answer 2

Pursuant to this writ, the higher court reviews the constitutionality of a statute under which a conviction was had in an inferior court when no right of appeal exists.
Includes writ of prohibition, writ of mandamus, and wit of quo warranto.

Question 3

Writ of Prohibition

Answer 3

Issued to lower courts to stop it from taking action outside of its jurisdiction.

Question 4

Writ of Mandamus

Answer 4

The writ of mandamus lies to compel the performance of a public duty. It does not lie to prevent action. Nor does it lie if there is another adequate legal remedy.

It is often used and usually unsuccessfully by prisoners to try to compel a court to act on a pending motion; to compel a court to take jx where jx has been denied; or to compel an agency to perform its functions.

Question 5

Writ of Quo Warranto

Answer 5

The Court may issue a writ of quo warranto only against public officials. The Delaware Corporate Law provides for a procedure of a writ of quo warranto to forfeit a corporate charter if the corporation does not comply with a writ of mandamus.
 “Ouster of usurper.”

Question 6

Proceedings for Condemnation

Answer 6

Condemnation is the procedure for taking private real or personal property under the power of eminent domain. Jurisdiction lies exclusively in Superior Court.

Question 7

Writ of Habeas Corpus

Answer 7

Review the legality of incarceration

Question 8

Appeals from other courts

Answer 8

Family court, administrative agencies, CCP

Question 9

Settlements for Minors and Disabled Persons

Answer 9

The Superior Court hears settlements of claims for minor and disabled persons, and the appointment of a guardian for disbursement of funds related thereto—even if no lawsuit filed leading to the settlement.

Question 10

Venue

Answer 10

The jurisdiction of the court is statewide; however, if an action is filed in a county other than where the defendant resides, the plaintiff forfeits costs.

Question 11

Commencement of a Civil Action in Superior

Answer 11

1. e-filing of a complaint,
2. praecipe (a paper that provides the addresses for service), and
3. Case Information Statement (“CIS”).
   Once the documents are accepted by the Prothonotary office, the plaintiff must file hard copies of the documents for service.
   Parties are allowed to object to a “related case” designation in the CIS in order to address possible “judge shopping.”

Question 12

Affidavit of Demand

Answer 12

In actions for recovery based upon bills, notes, bonds, or instruments of writing, book accounts, etc., the plaintiff may make a demand on the face of the complaint for the defendant to respond by affidavit.
- The purpose of the statute is to permit the plaintiff to determine, by filing an affidavit with the complaint stating under oath the amount of money owed, what portion of the sum the defendant admits owing, and what portion, if any, is in dispute.
- The plaintiff must also file with the complaint a copy of the document that forms the basis of the claim.
- If the defendant files an affidavit indicating some portion of the claim is owed, then the plaintiff can secure judgment in that sum.
o If the defendant fails to file an affidavit disputing the obligation, a judgment in the total amount will be entered.
- If the defendant files an affidavit disputing the whole obligation, the case proceeds in the normal way.

Question 13

Personal Injury Actions

Answer 13

With the complaint, P needs to include:
Form 30 Rogs
Scanned copies of documents related to specific damages and tax returns if lost wage claimed.

Question 14

Process for Seizing Property–Attachment

Answer 14

• Writ of Domestic Attachment enables the court—by attaching property—to secure jurisdiction over a person who is an inhabitant of Delaware but cannot be found, has absconded from usual place of abode, is about to leave the state, or has left with intent to defraud creditors. The writ is not available when ordinary service of process can be had.
• Writ of Foreign Attachment: issued against any individual not an inhabitant who has property within jurisdiction. Attaching property does not give the court personal jurisdiction over the individual.
• A bond from the plaintiff is required; notice by publication unless personal service has been achieved.