Del. C. » Title 10 — Procedure · CHAPTER 51. Costs · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 5102 (2026)

Civil actions where defendant resides in another county

✓ current as of May 2026
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Wherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizens resides at the time of the inception thereof, the plaintiff shall not recover costs and such costs shall not be payable by the defendant nor collectible by execution process.

17 Del. Laws, c. 623, §  1;  Code 1915, §  4445;  Code 1935, §  4903;  10 Del. C. 1953, §  5102;  64 Del. Laws, c. 274, §  1;  65 Del. Laws, c. 42, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 17, §  1; 
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2023–2026 · leading case: Norman v. All About Women, P.A. (Del. Super. Ct. 2024).
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Norman v. All About Women, P.A. (Del. Super. Ct. 2024). · cites it 3× “”9 10 Del. C. § 5102 provides that “wherever suit is brought in any civil action, … against any citizen of this State, in any other county than that wherein such citizen resides at the time of the inception thereof, the plaintiff shall not recover costs.”
Jennell Williams-Zahir v. Bayhealth Med. Ctr., Inc. (Del. Super. Ct. 2023). · cites it 2× “Jarman,4 which appears to be the first case interpreting where corporations “reside” within the meaning of section 5102, the Court said “[t]here 1 10 Del. C. § 5102 (“Wherever suit is brought in any civil action, excepting action where the venue is by law local, against any…”
SpecialtyCare, Inc. v. Medcost, LLC (Del. Ch. 2026). “19 Given the absence of a written agreement between the parties to arbitrate, the IDR process is not an arbitration and consequently the Court of Chancery lacks jurisdiction under 10 Del. C. § 5102 to confirm the IDR entity’s award.”
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