LegalFix

§ 2802 Duties; exclusive authority.

10 DE Code § 2802 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title.

(b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter.

(c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties:

(1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace;

(2) Execute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice of the peace;

(3) Execute on all civil judgments directed to the constable by a justice of the peace;

(4) Serve all civil summonses directed to the constable by a justice of the peace;

(5) Serve all subpoenas directed to the constable by a justice of the peace;

(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace;

(7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace;

(8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace;

(9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and

(10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system.

10 Del. C. 1953, § 2803; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 232, § 1; 70 Del. Laws, c. 186, § 1.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 2802 Duties; exclusive authority.