Delaware Code
10 Del. C. § 8117 (2026)
Defendant’s absence from State
✓ current as of May 2026
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If at the time when a cause of action accrues against any person, such person is out of the State, the action may be commenced, within the time limited therefor in this chapter, after such person comes into the State in such manner that by reasonable diligence, such person may be served with process. If, after a cause of action shall have accrued against any person, such person departs from and resides or remains out of the State, the time of such person’s absence until such person shall have returned into the State in the manner provided in this section, shall not be taken as any part of the time limited for the commencement of the action.
Code 1852, § 2751; 20 Del. Laws, c. 594; 25 Del. Laws, c. 234; Code 1915, § 4680; Code 1935, § 5138; 10 Del. C. 1953, § 8116; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 10
cases, 1967–2015 · leading case: Leavy v. Saunders, 319 A.2d 44 (Del. Super. Ct. 1974).
Leavy v. Saunders, 319 A.2d 44 (Del. Super. Ct. 1974). “§ 8118, but contend that they are within the protection of 10 Del.C. § 8117, inasmuch as the action was timely filed in Pennsylvania, service was dismissed there because of failure of service of process under the Pennsylvania Long-Arm Statute, and this action was filed within…”
Howmet Corp. v. City of Wilmington, 285 A.2d 423 (Del. Super. Ct. 1971). “Plaintiff maintains that within the meaning of Delaware’s saving statute, 10 Del.C. § 8117 (a), the federal court action, which was timely brought, “abated, or the action (was) otherwise avoided or defeated .”
Frombach v. Gilbert Assocs., Inc., 236 A.2d 363 (Del. 1967). “Does the Delaware Savings Statute (10 Del.C. Section 8117) apply in a case where a tort is committed in Pennsylvania, which has no equivalent Savings Statute, but where suit is timely brought in the federal court of Delaware, and is dismissed after the running of the Statute of…”
D'ANGELO v. Petroleos Mexicanos, 398 F. Supp. 72 (D. Del. 1975). “*80 These circumstances focus attention on 10 Del.C. § 8117 (1974) which reads: “If at the time when a cause of action accrues against any person, he is out of the State, the action may be commenced, within the time limited therefor in this chapter, after such person comes into…”
Personalized User Model, LLP v. Google Inc., 797 F.3d 1341 (Fed. Cir. 2015). “The jury was also instructed concerning two means by which the three-year statute of limitations could have been tolled, such that Google’s claim would not be time-barred: the discovery rule and the Delaware tolling statute, 10 Del. C. § 8117. The jury then found that the…”
Dolan v. Williams, 707 A.2d 34 (Del. 1998). “2d 263, 267 (1958) (holding that a plaintiff’s action was "abated” within the meaning of the Delaware savings statute, then 10 Del.C. § 8117, thereby permitting plaintiff to file a new action within one year and avoiding the harshness of the defense of the statute of…”
Rochester v. Baganz, 365 F. Supp. 179 (D. Del. 1973). “See Delaware Journey’s Account statute, 10 Del.C. § 8117(a); Wilt v. Smack, 147 F.”
Purnell v. Dodman, 311 A.2d 877 (Del. Super. Ct. 1973). “Plaintiffs rely upon the so-called Delaware “Savings Statute” (10 Del.C. § 8117) as authority for the filing of their latest complaint.”
Liles v. Cybak, 357 A.2d 739 (Del. 1976). “10 Del.C. § 8117(a) provides: If in any action duly commenced within the time limited therefor in this chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ is…”
Liles v. Cybak, 337 A.2d 520 (Del. Super. Ct. 1975). “§ 8118 was found in 10 Del.C. § 8117. All references to these statutes in this opinion will be to the current annotation.”
10 Del. C. § 8117(a): 4 cases
Howmet Corp. v. City of Wilmington, 285 A.2d 423 (Del. Super. Ct. 1971). “Plaintiff maintains that within the meaning of Delaware’s saving statute, 10 Del.C. § 8117 (a), the federal court action, which was timely brought, “abated, or the action (was) otherwise avoided or defeated .”
Frombach v. Gilbert Assocs., Inc., 236 A.2d 363 (Del. 1967). “Does the Delaware Savings Statute (10 Del.C. Section 8117) apply in a case where a tort is committed in Pennsylvania, which has no equivalent Savings Statute, but where suit is timely brought in the federal court of Delaware, and is dismissed after the running of the Statute of…”
Rochester v. Baganz, 365 F. Supp. 179 (D. Del. 1973). “See Delaware Journey’s Account statute, 10 Del.C. § 8117(a); Wilt v. Smack, 147 F.”
Liles v. Cybak, 357 A.2d 739 (Del. 1976). “10 Del.C. § 8117(a) provides: If in any action duly commenced within the time limited therefor in this chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ is…”
10 Del. C. § 8117(b): 1 case
Frombach v. Gilbert Assocs., Inc., 236 A.2d 363 (Del. 1967). “Does the Delaware Savings Statute (10 Del.C. Section 8117) apply in a case where a tort is committed in Pennsylvania, which has no equivalent Savings Statute, but where suit is timely brought in the federal court of Delaware, and is dismissed after the running of the Statute of…”
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