DE · rules
Del. Ct. Com. Pl. Civ. R. 64
Provisional and final remedies and special proceedings
(a) Generally. At the commencement of and during the course of an action, all remedies providing for
seizure of person or property for the purpose of compelling appearance or securing satisfaction of a
judgment ultimately to be entered in the action are available under the circumstances and in the manner
provided by the statute.
(b) Omitted.
(c) Motion by defendant for discharge on common bail. Upon the serving of a motion by a defendant for
discharge on common bail, the Court shall issue a rule fixing a time for hearing the motion. Unless at or
before the time fixed for the hearing, the plaintiff shall file an affidavit to hold to special bail, the
defendant shall be discharged upon common bail. Upon the filing by plaintiff of an affidavit to hold to
special bail, the Court after hearing the parties may make such order, as it deems proper.
(d) Special bail; notice of justification. In all cases of taking special bail by the Clerk of the Court,
reasonable notice of justification shall be given to the opposite party or that party’s attorney.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
af4c1907b2bec3a866986c1ca2b9d014cf4b4bb1eb4c6276d2326c4b474a8386
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