Delaware General Assembly


CHAPTER 173

FORMERLY

HOUSE BILL NO. 102

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE RULES OF THE JUSTICE OF THE PEACE COURTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 9202, Title 10 of the Delaware Code as follows:

(1) Add to the end of subsection (a) the following:

"Such rules may prescribe and regulate the form and manner of process, pleading, practice and procedure governing civil and criminal proceedings in the Justice of the Peace Courts from inception to termination. As provided in Art. IV,, § 13(1) the authority of the court to promulgate such rules shall be subject to the review of the Supreme Court."

(2) Add new subsections "(b)" and "(c)" to read as follows:

"(b) Such rules shall not abridge, enlarge or modify the substantive rights of any person.

(c) Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any such rules heretofore prescribed under authority of law.

(3) Renumber existing subsections "(b)" and "(c)" as "(d)" and "(e)" respectively.

Approved July 9, 1997