§ 563 — Default judgments; jury trial

Delaware § 563

• Jurisdiction: Delaware
• Title: 10
• Part: Organization, Powers, Jurisdiction and Operation of Courts
• Ch. 5: SUPERIOR COURT
• Subch.: Procedure

Text

A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded with accordingly.

Legislative History

Code 1852, § 1920; Code 1915, § 3729; 34 Del. Laws, c. 212 ; Code 1935, § 4279; 10 Del. C. 1953, § 563; 70 Del. Laws, c. 186, § 1