§ RULE 77. SUPERIOR COURTS; PROTHONOTARIES, RECORDS AND EXHIBITS, FEES

RULE 77. SUPERIOR COURTS; PROTHONOTARIES, RECORDS AND EXHIBITS, FEES

(a) Superior Court Always Open. The Superior Court shall be deemed always open for the purpose of the transaction of business. Each term shall continue until the formal opening by the Court of the next succeeding term.

(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the Prothonotary or other court officials within the discretion of the judge.

(d) Notice of Orders of Judgments. Immediately upon the entry of an order of judgment, the Prothonotary shall serve a notice of the entry by mail in the manner provided for in Rule 5 upon each party who is not in default for failure to appear, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these Rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. Lack of notice of the entry by the Prothonotary does not affect the time to appeal or relieve or authorize the Court to relieve a party for failure to appeal within the time allowed.

(e) Duties of Prothonotary.

(1) Court Attendance. The Prothonotary, a Deputy or Clerk, shall attend the Court in person.

(2) Dockets. The continuance, foreign and domestic attachment, mechanic's lien, judgment and other dockets shall be kept by the Prothonotary. The index to each continuance, foreign attachment, mechanic's lien and judgment docket shall be both direct and indirect. All dockets may be maintained in an electronic form.

(3) Docketing Appeals De Novo. Where on appeal the action is tried de novo, no appeal shall be entered by the Prothonotary on his docket until a certified transcript of the record shall be filed with the Prothonotary.

(4) Notice of Amendment of Rules. The Prothonotary shall give to all members of the Bar of this Court notice of any amendment to these Rules within 10 days from the adoption thereof.

(5) Transmission of the Record Upon Appeal to the Supreme Court. The Prothonotary shall comply with the procedures set forth in Supreme Court Rule 9 pertaining to the transmission of the record to the Clerk of the Supreme Court.

(f) Records and Exhibits.

(1) Custody of. The Prothonotary shall have custody of the records and papers of the Court. The Prothonotary shall not permit any original record, paper or exhibit to be taken from the courtroom or from the Prothonotary's office except at the direction of the Court or as provided by statute or by these Rules or by Rules of the Supreme Court.

(2) Removal of Exhibits. Exhibits shall not be removed prior to the time provided in these Rules except on motion or stipulation and order of the Court.

(3) Disposition of Exhibits. After the final determination of a cause by the Court and the expiration of the period for filing a notice of appeal, if no notice of appeal has been filed, all exhibits shall be removed by the party who introduced them. If not so removed, the Prothonotary shall notify the parties by mail to remove them forthwith; and if they are not removed within 15 days from the date of mailing said notice, the Prothonotary may obtain an order of the Court for their disposition.

(4) Stenographic Notes. The stenographers of Superior Court in all civil matters before the Court shall retain the stenographic notes in a place designated by the Court for a period of 10 years from the date of said notes. After such time, the stenographers are directed to destroy said notes unless the Court, or any judge thereof, has prescribed a longer period of time in a particular case. Stenographic notes of all civil matter shall be presumed to be destroyed after 10 years.

(g) Opinions to Be Dated. Each written opinion (including letter opinions) shall bear two dates immediately under the caption of the case:

(1) The date of the last oral argument, or brief filed, or other final submission of the case for decision; and

(2) The date of the filing of the opinion or order.

(h) Fees.

A. All filing fees shall be non-refundable and shall cover costs, except Sheriff's service, which shall be paid separately by the moving party to the Sheriff.

B. The filing fee shall cover the first forty (40) filings of an action. An additional fee of $225.00 shall be paid after each increment of fifty (50) filings is recorded.

C. A request for a trial date shall be accompanied by a nonrefundable fee of $150.00 paid by the requesting party.

D. Fees do not include advertising costs which shall be billed directly to the filing party.

E. The Prothonotary may refuse any filing for which the fees set forth in the rule have not been paid. Whoever neglects or refuses to pay the fees set forth in this rule for any service or services performed, for 10 days after demand in writing by the officer to whom such fees are due, shall be fined $25.00 in addition to the fees due. The Prothonotary may refuse any filing from an attorney who fails, after second notice, to pay outstanding fees. It shall be the obligation of the attorney to pay timely any court costs or fees incurred by his client.

F. The fees of Superior Court for the services specified shall be as follows:

COMPLAINTS

Complaints for Damages
$175.00

Condemnations
175.00

Ejectments
175.00

Justice of the Peace Court Appeals
175.00

Automobile Arbitration Appeals
175.00

Declaratory Judgments
175.00

Foreign Judgments
175.00

Replevins
175.00

Foreign Attachments
175.00

Domestic Attachments
175.00

Interpleaders
175.00

Transfers from Court of Chancery
175.00

Removals from Court of Common Pleas
175.00

Amicable Actions
175.00

COMPLAINTS SUBJECT TO SUMMARY PROCEEDINGS FOR COMMERCIAL DISPUTES

The filing fee for complaints subject to Summary Proceedings for Commercial Disputes shall be .005 times the amount in controversy, but not less than $175.00 nor more than $5,000.

MECHANIC'S LIENS & MORTGAGES

Mortgages
$175.00

Mechanic's Liens
175.00

INVOLUNTARY COMMITMENTS

Involuntary Commitments
N/C

APPEALS

Industrial Accident Board
N/C

Unemployment Insurance Appeal Board
N/C

Public Service Commission
$200.00

Motor Vehicle
175.00

All Other Administrative Agencies
175.00

Court of Common Pleas
175.00

Certiorari
175.00

MISCELLANEOUS PETITIONS

Complaints Requesting Orders
$ 75.00

i.e. Return of Property, Subpoena Requests, Release of Surplus Funds from Sale of Property, etc.

Expungement of Criminal Record
75.00

Habeas Corpus
N/C

Mandamus
175.00

Prohibition
175.00

Judgment or Mortgage Complaints
175.00

i.e. To extend, renew, satisfy, vacate, set aside, etc.

Appointment of Attorney
N/C

Road Resolution
20.00

Tax Ditch, plus advertising costs
175.00

Possession of Property
50.00

Quo Warranto
175.00

Forma Pauperis
N/C

Recording Bonds of Office
10.00

Recount of Vote
175.00

Road Vacation
175.00

JUDGMENTS

Transfers from Other State & District Court
$ 25.00

i.e. Justice of the Peace, Court of Common Pleas, Family Court, U.S. District Court, Chancery Court

Administrative Agency
25.00

i.e. Department of Labor, Division of Revenue, etc. Entering a judgment in Judgment Docket, except when confessed under warrant of attorney

Rule 58.1 Confession Judgment
175.00

Rule 58.3 Execution of Judgment
30.00

Foreign Judgment (10 Del.C. § 4781)
50.00

Lien Extension by agreement of parties
15.00

City & County Monitions Tax Lien
25.00

Testatum (to transfer Judgment to another County)
10.00

Petition for Sheriff's Deed
20.00

Judgment marked to the use of another party
10.00

Power of Attorney for Prothonotary to satisfy judgment
20.00

Abstract of Judgment from Justice of the Peace
5.00

Demolition Lien
10.00

Racketeering-Influenced/Corrupt Organization (RICO)
N/C

EXECUTIONS

Each Writ
$ 50.00

i.e. Initial writ, alias, and any writ thereafter including, but not limited to fieri facias, venditioni exponas, levari facias, order of sale, writ of possession.

MISCELLANEOUS SERVICES

Notary Certificate
$ 5.00

Notary Fee
5.00

New Notary Commission
20.00

Renewal of Notary Commission
10.00

Bad Check Processing Charge
25.00

Registration of Fictitious Name or Business Name
25.00

Preparation of Appeal to Supreme Court
100.00

Certificate of Abatement
10.00

Certified copy of any document
10.00

(not to exceed 3 pages without additional copy charge)

Exemplified copy of any document
25.00

(not to exceed 3 pages without additional copy charge)

Subpoena issued by Prothonotary
10.00

Presigned numbered subpoenas
N/C

Closed Case retrieval fee
10.00

Closed Case retrieval fee (expedited)
25.00

Jury Panel Listing
25.00

Request for Trial Date or Pretrial Conference
150.00

The cost for Special Juries shall be as stated in the Plan for Special Juries

MEDIATION

When a Superior Court Commissioner serves as a mediator, the fee for mediation services shall be a minimum of two (2) hours at the rate of $150 per hour of hearing time. Each party shall pay the party's share to the Prothonotary within twenty (20) days of notice of the appointment of the Commissioner as a mediator. It is the obligation of each attorney, or any party appearing pro se, to timely pay the costs of ADR and any additional mediation fee when billed. The Court may impose sanctions against any party who fails to timely pay any fee required by this rule. The fee shall be deposited in the General Fund.

NON-FEE CHARGES

Copy Charge (maximum per page)
$1.50

Copy Charge--transmitted by facsimile machine (maximum per page)
8.00
* * *

The Court may order parties to pay other costs such as postage, printing, advertising, and lodging/meals for jurors.

G. In addition to all other fees, the Prothonotary shall collect a Court Security Assessment of $10.00 upon all initial civil case filings for which the filing fee is $175.00.

H. All other fees for services not provided for in this Rule shall be approved by the President Judge of Superior Court.

I. Any funds on deposit for a civil case pending on June 30, 1988 will be considered to be the amount of court costs to be charged for any court services performed beginning on July 1, 1988 and continuing until final disposition of that case, subject to the provision for an additional assessment if the number of filings exceeds 40 filings. Any party requesting a refund for a disposed case which was filed prior to July 1, 1988 may do so by filing a petition with the Court within 10 days of the date of final disposition. In those cases where a refund is requested, costs will be assessed, including those costs incurred after July 1, 1988 based on the fee schedule in effect on June 30, 1988.

J. The Superior Court Administrator shall conduct an annual evaluation of this Rule and will submit any recommended changes to this Rule to the Judges of Superior Court.

An original of this order shall be filed with the Prothonotary for each county.