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DE · constitutions

Del. Const. art. IV, § 35

Proceedings pending at time of 1951 amendment; books, records, and papers; effect of 1951 amendment on Court of Chancery

activein force · 2026-09-24 – presentas-observed

(a) All writs of error and appeals and proceedings pending, on May 14, 1951, in the Supreme Court as heretofore constituted shall be proceeded within the Supreme Court hereby established, and all the books, records, and papers of the Supreme Court as heretofore constituted shall be the books, records, and papers of the Supreme Court hereby established.

(b) All suits, proceedings and matters pending, on May 14, 1951, in the Superior Court as heretofore constituted shall be proceeded within the Superior Court hereby established and all the books, records, and papers of the Superior Court as heretofore constituted shall be the books, records, and papers of the Superior Court hereby established.

(c) All indictments, proceedings, and matters of a criminal nature pending in the former Court of General Sessions and in the former Court of Oyer and Terminer, on May 14, 1951, and all books, records, and papers of the former Court of General Sessions and former Court of Oyer and Terminer shall be transferred to the Superior Court hereby established, and the indictments, proceedings, and matters pending shall be proceeded with to final judgment and determination in the Superior Court hereby established.

(d) The Court of Chancery is not affected by the amendment to this Constitution enacted by Chapter 109 of Volume 48 of the Laws of Delaware otherwise than by the provisions with respect to a Vice-Chancellor or Vice-Chancellors.

History

47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5

Provenance

Source
delcode.delaware.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6697fcfc1e0e97aa8d6c99049a3f47129f0adc5ff22ca47e6ec7b79fbc7620f7
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