2017 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 69. HABEAS CORPUS
§ 6903. Person committed for contempt; notice of hearing.
(a) A person committed by any judge of this State, a justice of the peace, or by the mayor or any alderperson of any city or town, for a contempt, except a contempt issued by the Family Court in a case involving a child support order, shall be entitled to the writ of habeas corpus in the Superior Court. A person committed by the Family Court in a case involving a child support order shall be entitled to the writ of habeas corpus in the Family Court.
(b) Notice shall be given to the committing magistrate of the time and place of hearing. The prisoner may deny the alleged contempt, under oath. The court or judge may remand or discharge the party.
Code 1852, §§ 2562, 2563; Code 1915, § 4493; Code 1935, § 4945; 10 Del. C. 1953, § 6903; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 354, § 2.;
