Delaware Code Title 10 Sec. 9578 – Survival of actions; parties
(a) The death of a party shall not abate any action pending before a justice, or any appeal, or right of appeal, or any certiorari. If there are several plaintiffs, or defendants, and one dies, the action, or proceeding, may be prosecuted for, or against the survivor; and if the sole, or only remaining plaintiff, or defendant, dies, the executor, or administrator, of the deceased party, may become, or be made, a party to prosecute or defend.
Terms Used In Delaware Code Title 10 Sec. 9578
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Executor: A male person named in a will to carry out the decedent
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Summons: Another word for subpoena used by the criminal justice system.
(b) To make an executor, or administrator, of a defendant a party before the justice, a plaintiff must issue a summons in the usual form, adding after the words “is demanded,” the words “for which cause of action suit was commenced against the said .?.?.?.?.?.?.?.?.?.?.?., deceased, in his or her lifetime, and was pending at his or her death; to which the said .?.?.?.?.?.?.?.?.?.?.?. executor (or administrator) is required to become a party.”
(c) The summons shall be returnable as other original summons; and on service made, the executor, or administrator, shall be made a party, and the same proceedings had as in other cases.
Code 1852, §§ ?2151, 2152; Code 1915, § ?4040; Code 1935, § ?4527; 10 Del. C. 1953, § ?9585; 70 Del. Laws, c. 186, § ?1;