Del. C. » Title 10 — Court Officers and Employees · CHAPTER 28. Justice of the Peace Constables · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 2802 (2026)

Duties; exclusive authority

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(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; 
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Murphy v. State of Delaware, No. 1:21-cv-00415 (D. Del. Mar. 19, 2024).
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Murphy v. State of Delaware, No. 1:21-cv-00415 (D. Del. Mar. 19, 2024). “See 10 Del. C. § 2802(c) (authorizing constables to “[e]xecute all lawful orders, warrants and other process directed to a constable by a justice of the peace” and to “[e]xecute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice…”
10 Del. C. § 2802(c): 1 case
Murphy v. State of Delaware, No. 1:21-cv-00415 (D. Del. Mar. 19, 2024). “See 10 Del. C. § 2802(c) (authorizing constables to “[e]xecute all lawful orders, warrants and other process directed to a constable by a justice of the peace” and to “[e]xecute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice…”
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