Delaware Code

11 Del. C. § 2503 (2026)

Form of demand

✓ current as of May 2026
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No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 2506 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of bail, probation or parole. The indictment, information or affidavit made before the magistrate shall substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence shall be authenticated by the executive authority making the demand.

41 Del. Laws, c. 213, §  3;  11 Del. C. 1953, §  2503;  70 Del. Laws, c. 186, §  1
Notes of Decisions
Cited in 4 cases, 1969–2015 · leading case: Grano v. State, 257 A.2d 768 (Del. Super. Ct. 1969).
Grano v. State, 257 A.2d 768 (Del. Super. Ct. 1969). · cites it 3× “J.S. Extradition § 14(2), p. 412. Presumably, this is because the information itself is a formal allegation of a crime.”
United States ex rel. Grano v. Anderson, 318 F. Supp. 263 (D. Del. 1970). · cites it 2× “In the instant case, the demand by Louisiana was accompanied by a joint affidavit of two police officers, sworn before a Louisiana magistrate, charging: (1) That Grano on August 5, 1967, committed burglary of a premises known as 3321 Tulane Avenue in the City of New Orleans; (2)…”
In Re Dean, 254 A.2d 242 (Del. 1969). · cites it 2× “Dean’s contention is that the requisition of him by the Governor of North Carolina does not comply with the requirements of 11 Del.C. § 2503, nor with the Federal statutory requirements, by reason of failure to show that he was present in North Carolina at the time of the…”
Clay v. Johnson (Del. 2015). · cites it 3× “”6 (8) As to Clay’s first claim, 11 Del. C. § 2503 states, in pertinent part: “No demand for [] extradition .”
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