Delaware Code Title 10 Sec. 9579 – Issuance, service and return of writ; proceedings
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A scire facias may be issued by the justice rendering a judgment, or by any other justice, who has the record of such judgment, or a transcript thereof before such justice. It shall be issued, served and returned in the same way as an original summons, and similar proceedings may be had to judgment, execution and appeal, as in other cases; but there shall be no stay of execution on a judgment on scire facias, nor shall any proceedings against bail be affected hereby.
Code 1852, § ?2153; Code 1915, § ?4041; Code 1935, § ?4528; 10 Del. C. 1953, § ?9586; 55 Del. Laws, c. 20, § ?20; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 10 Sec. 9579
- 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.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Summons: Another word for subpoena used by the criminal justice system.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.