2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 95. PROCEDURE
Subchapter II. Civil Actions for Debt
§ 9577. Forms.
The form of a scire facias shall be as follows:
AGAINST EXECUTORS OR ADMINISTRATORS
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of the peace, at said justice's office in , on the day of at o'clock in the to show, if there be any cause, why execution should not be had against the said A. B., administrator (or executor) as aforesaid, of a judgment recovered by against the said C. D., deceased, before one of our justices of the peace, on the day of , 20, for the sum of , with costs; and have you then there this warrant.
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AGAINST BAIL
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., bail of C. D., to appear before E. F., one of our justices of the peace, at said justice's office in on the day of , at o'clock in the , to show if there be any cause, why execution should not be had against C.D. as such bail, of a judgment recovered by G. H., against the aforesaid C. D., before , one of our justices of the peace, on the day of , 20, for the sum of with costs.
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AGAINST THE REPRESENTATIVES OF BAIL
“ County, ss. The State of Delaware,
To any constable, greeting:
We command you that you make known to A. B., administrator (or executor) of C. D., deceased, who was bail for , to appear before , one of our justices of the peace, at said justice's office in , on the day of at o'clock in the , to show if there be any cause why execution should not be had against the said A. B., administrator (or executor) as aforesaid of the said C. D., who was bail as aforesaid, of a judgment recovered by , against the aforesaid before one of our justices of the peace, on the day of 20, for the sum of , with costs, and have you then there this warrant.
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AGAINST THE REPRESENTATIVES OF A SURETY
Observe the form for use against the representatives of bail in all respects, except that where the word “bail” occurs, use the word “surety.”
Code 1852, §§ 2147-2150; Code 1915, § 4039; Code 1935, § 4526; 10 Del. C. 1953, § 9584; 55 Del. Laws, c. 20, § 19; 70 Del. Laws, c. 186, § 1;
