Delaware § 9578 Survival of actions; parties

Delaware Statutes

§ 9578 — Survival of actions; parties

Delaware·Title 10·Part Justices of the Peace·Ch. 95 PROCEDURE·Subch. Civil Actions for Debt

(a)The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend.

(b)To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said . . . . . . . . . . . ., deceased, in his or her lifetime, and was pending at his or her death; to which

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(a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend.

(b) To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said . . . . . . . . . . . ., deceased, in his or her lifetime, and was pending at his or her death; to which the said . . . . . . . . . . . . executor (or administrator) is required to become a party.”

(c) The summons shall be returnable as other original summons; and on service made, the executor, or administrator, shall be made a party, and the same proceedings had as in other cases.

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