Delaware Code
10 Del. C. § 3101 (2026)
Date and return of writs commencing actions
✓ current as of May 2026
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Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed by statute.
Code 1852, § 2237; Code 1915, § 4085; Code 1935, § 4576; 10 Del. C. 1953, § 3101;Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2008–2022 · leading case: Ruggiero v. Futuragene, Plc., 948 A.2d 1124 (Del. Ch. 2008).
Ruggiero v. Futuragene, Plc., 948 A.2d 1124 (Del. Ch. 2008). “10 Del. C. § 3101 Does Not Provide Jurisdiction Over The Individual Defendants Having failed to establish that either 10 Del.”
Ward v. Delaware State Police (Del. Super. Ct. 2022). “The Court found that Plaintiff “had failed to serve the Attorney General, the State Solicitor, or the Chief Deputy Attorney General pursuant to 10 Del. C. § 3101(c).”23 On September 20, 2021, Plaintiff sent a letter to the Court, asking that her “[o]bjection to [the Court’s]…”
— 10 Del. C. § 3101(c) — 1 case
Ward v. Delaware State Police (Del. Super. Ct. 2022). “The Court found that Plaintiff “had failed to serve the Attorney General, the State Solicitor, or the Chief Deputy Attorney General pursuant to 10 Del. C. § 3101(c).”23 On September 20, 2021, Plaintiff sent a letter to the Court, asking that her “[o]bjection to [the Court’s]…”
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