Del. Ct. Com. Pl. Civ. R. 110

Upon application of a party claiming to be indigent, the Court may authorize the commencement,

prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security

therefor, by a person who makes affidavit that the person is unable to pay such costs or give security

therefor. Such affidavit shall state the nature of the action or defense and affiant’s belief that the affiant is

entitled to redress and shall state sufficient facts from which the Court can make an objective

determination of the petitioner’s alleged indigency. The Court may in its discretion conduct a hearing on

the question of indigency. In any action in which a claim for damages is asserted by a party seeking the

benefit of this rule, the Clerk shall, before entering a dismissal of the claim or satisfaction of any

judgment entered therein, require payment of accrued court costs from any party for whose benefit this

rule has been applied, if said party has recovered a judgment in said proceedings or received any funds in

settlement thereof. A party and the party’s attorney of record shall file appropriate affidavits in the event a

claim is sought to be dismissed without settlement or recovery.