Delaware § 5948 Citation; service and return

Delaware Statutes

§ 5948 — Citation; service and return

Delaware § 5948

JurisdictionDelaware

Title15

PartGeneral Elections

Ch. 59CONTESTED ELECTIONS

Subch.Other Offices

This text of Delaware § 5948 (Citation; service and return) 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. 15, § 5948 (2026).

Text

Before the statement is filed, the prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superior Court to make such defense as that person may have, which citation shall be delivered to the sheriff or, if the sheriff be a party to the contest, to a local law-enforcement officer, and be served by the sheriff or law-enforcement officer upon the party defendant in person or, if the party defendant cannot be found, by leaving a copy thereof at the house where the party defendant last resided at least 5 days before the day to which such citation is returnable. The original citation shall be returned to the prothonotary on or before the first day of t

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Before the statement is filed, the prothonotary shall docket the case in the appearance docket and immediately issue a citation for the person whose right to the office is contested to appear on the first day of the second term of the Superior Court to make such defense as that person may have, which citation shall be delivered to the sheriff or, if the sheriff be a party to the contest, to a local law-enforcement officer, and be served by the sheriff or law-enforcement officer upon the party defendant in person or, if the party defendant cannot be found, by leaving a copy thereof at the house where the party defendant last resided at least 5 days before the day to which such citation is returnable. The original citation shall be returned to the prothonotary on or before the first day of the next term of Court after it is issued, and the manner of service shall be endorsed thereon and signed by the officer serving the same.

Legislative History

17 Del. Laws, c. 33, § 9 ; 19 Del. Laws, c. 572, § 2 ; Code 1915, § 1906; Code 1935, § 2024; 15 Del. C. 1953, § 5948; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 117, § 13