Delaware § 2802 - Duties; exclusive authority.
Full text of Delaware Delaware Code § 2802 — Duties; exclusive authority., with citation guidance and answers to common questions.
§ 2802. Duties; exclusive authority.
(a) The justice of the peace constables appointed pursuant to this chapter shall handle the process of the justices of the peace appointed pursuant to Chapter 92 of this title.
(b) Notwithstanding any other law, no constables appointed by any authority in this State shall be authorized to execute orders, warrants and other process directed to the constable by a justice of the peace pursuant to Chapter 92 of this title, unless the constable has been appointed pursuant to this chapter.
(c) Notwithstanding any other law, a justice of the peace constable appointed pursuant to this chapter shall have the authority to undertake the following duties:
(1) Execute all lawful orders, warrants and other process directed to the constable by a justice of the peace;
(2) Execute all writs of possession issued pursuant to § 5715 of Title 25 directed to the constable by a justice of the peace;
(3) Execute on all civil judgments directed to the constable by a justice of the peace;
(4) Serve all civil summonses directed to the constable by a justice of the peace;
(5) Serve all subpoenas directed to the constable by a justice of the peace;
(6) Transport all detentioners or convicted offenders to any Department of Correction facility pursuant to a commitment order directed to the constable by a justice of the peace;
(7) Execute on all capiases directed to the constable by a justice of the peace and issued by a justice of the peace;
(8) Conduct Justice of the Peace Court judicial levies and sales directed to the constable by a justice of the peace;
(9) Maintain the security and order in any Justice of the Peace Court and arrest all persons who shall commit any breach of the peace or contempt in said Court; and
(10) Perform any other related law-enforcement function required to maintain the dignity, integrity and security of the Justice of the Peace Court system.
10 Del. C. 1953, § 2803; 55 Del. Laws, c. 21; 65 Del. Laws, c. 411, § 1; 70 Del. Laws, c. 232, § 1; 70 Del. Laws, c. 186, § 1;Frequently Asked Questions About Delaware § 2802
What does Delaware Code § 2802 cover?
Section 2802 ("Duties; exclusive authority.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 2802?
A common citation format is "Delaware Code § 2802" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 2802 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.