Delaware § 3102 Payment of costs by nonresidents for issuance or execution of writs

Delaware Statutes

§ 3102 — Payment of costs by nonresidents for issuance or execution of writs

Delaware § 3102

Title10

PartProcedure

Ch. 31PROCESS; COMMENCEMENT OF ACTIONS

This text of Delaware § 3102 (Payment of costs by nonresidents for issuance or execution of writs) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 10, § 3102 (2026).

Text

No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution on any judgment, in favor of any person not a resident of this State, unless the costs of the issuing of such writ are first paid or tendered to such officer; nor shall any sheriff or constable be compelled to execute any such writ until the legal fees for such services are first paid or tendered to such officer by the plaintiff in such action, the plaintiff’s attorney or agent; any law, custom or usage of this State to the contrary notwithstanding.

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No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution on any judgment, in favor of any person not a resident of this State, unless the costs of the issuing of such writ are first paid or tendered to such officer; nor shall any sheriff or constable be compelled to execute any such writ until the legal fees for such services are first paid or tendered to such officer by the plaintiff in such action, the plaintiff’s attorney or agent; any law, custom or usage of this State to the contrary notwithstanding.

Legislative History

12 Del. Laws, c. 266 ; Code 1915, § 4086; Code 1935, § 4577; 10 Del. C. 1953, § 3102; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 117, § 5