Chapter 98. Costs

TITLE 10

Courts and Judicial Procedure

Justices of the Peace

CHAPTER 98. COSTS

§ 9801. Justice of the Peace Court costs.

All costs in the Justice of the Peace Court shall be established by court rule, subject to approval by the Chief Justice and the Delaware Supreme Court.

10 Del. C. 1953, § 9801; 55 Del. Laws, c. 20, § 31; 59 Del. Laws, c. 513, § 1; 59 Del. Laws, c. 538, § 1; 60 Del. Laws, c. 298, § 1; 60 Del. Laws, c. 475, § 1; 61 Del. Laws, c. 367, § 4; 62 Del. Laws, c. 278, §§ 1, 2; 66 Del. Laws, c. 81, § 1; 68 Del. Laws, c. 288, § 1; 69 Del. Laws, c. 63, §§ 1, 2; 73 Del. Laws, c. 93, §§ 1, 2; 76 Del. Laws, c. 85, § 2; 76 Del. Laws, c. 240, § 1; 77 Del. Laws, c. 56, § 1.;

§ 9802. Duties with respect to costs; limitations on fees.

All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The justice shall tax the costs for each service specified by the rules of the Justice of the Peace Court. No other fee or cost shall be allowed and no mileage shall be allowed unless it is expressly given by statute. In no case shall costs be charged for a service not performed; and every office or person receiving a fee shall, upon demand, give a receipt specifying the item of service represented by said fee.

10 Del. C. 1953, § 9802; 55 Del. Laws, c. 20, § 31; 77 Del. Laws, c. 56, § 2.;

§ 9803. Violations and penalty.

(a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by the rules of the Justice of the Peace Court, shall be fined not more than $500.

(b) The Superior Court shall have jurisdiction of offenses under this section.

10 Del. C. 1953, § 9803; 55 Del. Laws, c. 20, § 31; 77 Del. Laws, c. 56, § 3.;