Delaware § 361 Rules of Court

Delaware Statutes

§ 361 — Rules of Court

Delaware·Title 10·Part Organization, Powers, Jurisdiction and Operation of Courts·Ch. 3 COURT OF CHANCERY·Subch. Procedure

(a)The Chancellor may, from time to time, adopt and promulgate general rules for the Court of Chancery which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing, and determination of causes and proceedings in such Court.

(b)Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such proceeding. The rules shall not abridge, enlarge or modify any substantive right of any party.

(c)The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.

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(a) The Chancellor may, from time to time, adopt and promulgate general rules for the Court of Chancery which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing, and determination of causes and proceedings in such Court.

(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such proceeding. The rules shall not abridge, enlarge or modify any substantive right of any party.

(c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.

(d) Any inconsistency or conflict between any rule of court promulgated under the authority of this section or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in the Court of Chancery, shall be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in the Court of Chancery.

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Legislative History

Code 1852, §§ 1935, 1936; 17 Del. Laws, c. 215, §§ 1-3 ; 26 Del. Laws, c. 265 ; 27 Del. Laws, c. 270, § 4 ; Code 1915, §§ 3688, 3847, 3848, 3858; 34 Del. Laws, c. 216, § 1 ; Code 1935, §§ 4240, 4371, 4372, 4381; 10 Del. C. 1953, § 361