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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

10 Del. C. § 564: Mandamus.

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Where this section sits in the code
  1. Title 10. Courts and Judicial Procedure
  2. Organization, Powers, Jurisdiction and Operation of Courts
  3. CHAPTER 5. Superior Court
  4. Subchapter IV. Procedure

Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith which shall be served in the usual manner.

Collected 2026-09-05T23:02:12Z. Source file · JSON

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