§ 9501 — Writs, warrants and process

(a) A Justice of the Peace Court may issue all writs, warrants and process proper to carry into effect the powers granted to the justice of the peace.

(b) When no form of writ, warrant or process is prescribed by statute, the court shall frame one in conformity with the law, in substance; and, when substantially right, such process shall not be invalid for any defect in form.

(c) All sheriffs, deputy sheriffs, constables and persons specially authorized by the Chief Magistrate or the Chief Magistrate’s designee shall duly serve all legal writs, warrants and process to them directed by any Justice of the Peace Court.

Legislative History

Code 1852, § 2004; Code 1915, § 3951; Code 1935, § 4451; 10 Del. C. 1953, § 9501; 69 Del. Laws, c. 429, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 232, § 2 ; 84 Del. Laws, c. 117, § 12