Delaware Code Title 10. Courts and Judicial Procedure § 9577. Forms

The form of a scire facias shall be as follows:

AGAINST EXECUTORS OR ADMINISTRATORS

“․․․ County, ss.  The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., administrator (or executor) of C. D., deceased, to appear before E. F., one of our justices of the peace, at said justice's office in ․․․․․․․․․․, on ․․․․․․․․․․ the ․․․․․․․․․․ day of ․․․․․․․․․․ at ․․․․․․․․․․ o'clock in the ․․․․․․․․․․ to show, if there be any cause, why execution should not be had against the said A. B., administrator (or executor) as aforesaid, of a judgment recovered by ․․․ against the said C. D., deceased, before one of our justices of the peace, on the ․․․․․․․․․․ day of ․․․․․․․․․․, 20 ․․․, for the sum of ․․․․․․․․․․, with costs;  and have you then there this warrant.

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				Witness the hand and seal
				of the said Justice
	L. S.			the ․․․․․․․day
				of ․․․․․․․․A. D. 20․․․․”
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AGAINST BAIL

“․․․ County, ss.  The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., bail of C. D., to appear before E. F., one of our justices of the peace, at said justice's office in ․․․․․․․․․․ on ․․․․․․․․․․ the ․․․․․․․․․․ day of ․․․․․․․․․․, at ․․․․․․․․․․ o'clock in the ․․․․․․․․․․, to show if there be any cause, why execution should not be had against C.D. as such bail, of a judgment recovered by G. H., against the aforesaid C. D., before ․․․․․․․․․․, one of our justices of the peace, on the ․․․․․․․․․․ day of ․․․․․․․․․․, 20 ․․․, for the sum of ․․․․․․․․․․ with costs.

__________________________________________________
				Witness the hand and seal
				of the said Justice
	L. S.			the ․․․․․․․day
				of ․․․․․․․․A. D. 20․․․․”
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AGAINST THE REPRESENTATIVES OF BAIL

“․․․ County, ss.  The State of Delaware,

To any constable, greeting:

We command you that you make known to A. B., administrator (or executor) of C. D., deceased, who was bail for ․․․․․․․․․․, to appear before ․․․․․․․․․․, one of our justices of the peace, at said justice's office in ․․․․․․․․․․, on ․․․․․․․․․․ the ․․․․․․․․․․ day of ․․․․․․․․․․ at ․․․․․․․․․․ o'clock in the ․․․․․․․․․․, to show if there be any cause why execution should not be had against the said A. B., administrator (or executor) as aforesaid of the said C. D., who was bail as aforesaid, of a judgment recovered by ․․․․․․․․․․, against the aforesaid ․․․․․․․․․․ before ․․․․․․․․․․ one of our justices of the peace, on the ․․․ day of ․․․ 20․․․, for the sum of ․․․, with costs, and have you then there this warrant.

__________________________________________________
				Witness the hand and seal
				of the said Justice
	L. S.			the ․․․․․․․day
				of ․․․․․․․․A. D. 20․․․․”
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AGAINST THE REPRESENTATIVES OF A SURETY

Observe the form for use against the representatives of bail in all respects, except that where the word “bail” occurs, use the word “surety.”