Delaware § 9537 Failure of defendant to appear; adjournment or judgment by default

Delaware Statutes

§ 9537 — Failure of defendant to appear; adjournment or judgment by default

Delaware § 9537

JurisdictionDelaware

Title10

PartJustices of the Peace

Ch. 95PROCEDURE

Subch.Civil Actions for Debt

This text of Delaware § 9537 (Failure of defendant to appear; adjournment or judgment by default) 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, § 9537 (2026).

Text

(a)After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned judgment by default may be entered. The amount of damages awarded shall be the amount proven to be properly due. Such proof may be by affidavit or, when judgment is entered by the Court, by such other information as may be required by the Court. A default judgment may be entered as follows:

(1)By the clerk. —When the plaintiff’s claim is (i) based upon a written instrument from which the defendant’s agreement to pay the amount claimed can be determined from the face of the instrument or from calculations therefrom or (ii) for a civil penalty payable to t

Free access — add to your briefcase to read the full text and ask questions with AI

(a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned judgment by default may be entered. The amount of damages awarded shall be the amount proven to be properly due. Such proof may be by affidavit or, when judgment is entered by the Court, by such other information as may be required by the Court. A default judgment may be entered as follows:

(1)By the clerk. —When the plaintiff’s claim is (i) based upon a written instrument from which the defendant’s agreement to pay the amount claimed can be determined from the face of the instrument or from calculations therefrom or (ii) for a civil penalty payable to the State or any subdivision thereof, a mandatory dollar amount of which is specified by statute, the clerk, upon written application of the plaintiff and upon affidavit of the amount due, giving credit for any payments and showing the amounts and dates thereof and a computation of any applicable interest to the date of judgment, may enter judgment for that amount and costs against the defendant.

(2)By the Court. —When entry of judgment may not be made by the clerk pursuant to paragraph (a)(1) of this section or when the Court, in its discretion, determines that entry of the default judgment should be made by the Court, the Court may enter the judgment. When entered by the Court, the Court may make investigation into and determine the amount of damages properly due. If in order to enable the Court to enter judgment, carry it into effect, or determine the amount of damages, it is necessary to establish the truth of any averment by evidence or to make an investigation of any matter, the Court may conduct such hearings or order such references as it deems necessary and proper.

(b) No judgment shall be given against an executor, or administrator, as such, by default, until the plaintiff produces the obligation, note, or contract of the deceased, or a book of accounts regularly and fairly kept, and verified by oath or affirmation, or other sufficient proof, and a probate regularly made; and a book of accounts shall not be received for cash entries, or items not properly chargeable in account.