Bill Text: DE HB17 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Civil Actions Where Defendant Resides In Another County.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-03 - Signed by Governor [HB17 Detail]

Download: Delaware-2013-HB17-Draft.html


SPONSOR:

Rep. Viola & Rep. Walker & Sen. Henry

 

Reps. Baumbach, Briggs King, J. Johnson, Q. Johnson, Kenton, Mitchell, Osienski, Outten, Peterman, Wilson; Sens. Ennis, Lavelle, Simpson

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 17

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS WHERE DEFENDANT RESIDES IN ANOTHER COUNTY.


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


Section 1. Amend §5102, Title 10 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§5102. Civil actions where defendant resides in another county.

Except where a plaintiff sues a citizen who resides within the city limits of Milford or within 3 miles of said limits and the suit is filed in Justice of the Peace Court No. 5 in Milford, wWherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizens resides at the time of the inception thereof, the plaintiff shall not recover costs and such costs shall not be payable by the defendant nor collectible by execution process.


SYNOPSIS

This Bill removes a reference to the former Justice of the Peace Court No. 5, located in the Town of Milford. Justice of the Peace Court No. 5 is no longer in operation, having been consolidated into Court No. 6 nearly ten years ago.

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