Rule 64 – Seizure of Persons or Property

May 15, 2021 | Delaware, Family Law

(a) Generally. At the commencement of and during the course of an action, all remedies provided for seizure of person or property for the purpose of compelling appearance or securing satisfaction of a judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by statute.

(b) Capias. If a person subject to the jurisdiction of the Court has failed to appear for a scheduled hearing, is evading service of process leaves the jurisdiction of the Court, or for any other just cause, a capias for the apprehension of such person may issue out of the Court.

(c) Capias. When a capias is issued out of this Court, the person shall be brought before the Court immediately if in session; otherwise, in default of specified bond, the person can be detained in a facility of the Department of Corrections/ Department of Services for Children, Youth and Their Families for appearance in this Court at its next session.

Del. Fam. Ct. R. Civ. P. 64

Amended July 10, 2020, effective November 1, 2020.