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Delaware Code

10 Del. C. § 562 (2026)

Writs

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The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of the Court, or otherwise as the particular case may require.

Code 1852, §§  1923, 1924;  Code 1915, §  3735;  Code 1935, §  4285;  10 Del. C. 1953, §  562; 
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1956–2025 · leading case: Chadwick v. Janaman, 349 A.2d 742 (Del. 1975).
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Chadwick v. Janaman, 349 A.2d 742 (Del. 1975). · cites it 2× “" 10 Del.C. § 562, which codified the common law rule, provides: "The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, .”
Fam. Court of the State of Delaware v. Dep't of Labor & Indus. Relations, 320 A.2d 777 (Del. Ch. 1974). “10 Del.C. § 562 states that: “[t]he Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari .”
Bd. of Adjustment of New Castle Cty. v. Barone, 314 A.2d 174 (Del. 1973). · cites it 2× “And that rule is codified by current statute, 10 Del.C. § 562. In an action begun by complaint the Prothonotary issues the appropriate writ commanding the sheriff and/or the parties to take certain specific action.”
Wild Meadows MHC, LLC v. Weidman, No. K19M-07-003 NEP (Del. Super. Ct. July 10, 2020). · cites it 3× “'8 10 Del. C. § 562; see also Family Court v.”
Nicholas Kroll v. City of Wilmington, No. 2019-0969-KSJM, 2023 WL 6012795 (Del. Ch. Sept. 15, 2023). · cites it 3× “77 10 Del. C. § 562. 78 2011 WL 6016048 , at *5 (cleaned up).”
KZ Forever, LLC v. City of Dover City Council, No. K16A-02-001 WLW (Del. Super. Ct. Nov. 9, 2016). “4 10 Del. C. § 562. KZ Forever, LLC v. Dover City Council C.”
FMC Corp. v. Special Servs. Dep't, No. N16A-10-010 AML (Del. Super. Ct. May 31, 2017). “1410 Del. C. §562. '5 Maddrey v. Jusn'ce szhe Peace Court 13, 956 A.”
Bridev One, L.L.C. v. Regency Centers, L.P., No. N14C-07-115 DSC & N14C-09-019 DCS (Del. Super. Ct. Mar. 26, 2018). “§ 562 gives this Court the authority to “frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments ofthe Court into executz'on.”
Delta Eta Corp. v. City of Newark, No. 2021-1106-MTZ, 2023 WL 2982180 (Del. Ch. Feb. 2, 2023). “92 10 Del C. § 562 (conferring on the Superior Court the power to issue writs of certiorari); Maddrey, 956 A.”
Citizens Against Solar Pollution v. Kent Cnty., No. N23C-03-196 VLM (Del. Super. Ct. May 7, 2024). “Wooley, Practice in Civil Actions and Proceedings in the Law Courts of the State of Delaware §§ 894–896 (1906) (describing common law writ of certiorari as falling within authority of Superior Court); see also 10 Del. C. § 562 (“The Superior Court may frame and issue all…”
Mishoe v. City of Dover Plan. Comm'n, No. K23A-07-002 JJC (Del. Super. Ct. Mar. 12, 2025). “17 Under 10 Del. C. § 562, “[t]he Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution.”
Bartlett v. Gen. Motors Corp., 127 A.2d 470 (Del. Ch. 1956). “Thus, 10 Del.C. § 562, provides: "The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution.”
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