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Delaware Code Title 29. State Government § 2910. Subpoena power

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) In connection with other powers of the Auditor of Accounts, the Auditor shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records, or other evidence needed for the performance of the Auditor's duties or exercise of the Auditor's powers.

(b) A subpoena issued under this section is effective throughout this State.

(c) Service of such a subpoena may be made by the Auditor, the Auditor's deputy, or other staff designated by the Auditor for purpose of serving a subpoena as follows:

(1) Where the person served is an individual person, by 1 of the following:

a. Serving the person to whom it is addressed personally.

b. Leaving it at the person's usual place of abode with an individual of suitable age and discretion residing therein.

c. Sending it by certified mail to the last known address of the person to whom the subpoena is addressed.

(2) Where the person served is a corporate or other entity, by 1 of the following:

a. Serving the registered agent personally or by certified mail.

b. Serving any individual authorized to accept service on behalf of the entity personally at that individual's usual place of business, the place of business of the entity, or by certified mail.

(d) If a properly served recipient of a subpoena fails or refuses to respond, the Superior Court may, upon application by the Auditor, issue an order requiring the recipient of the subpoena to appear before the Auditor in response to the subpoena.  Failure to obey such an order may be punished by the court as a contempt thereof.

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Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 2910. Subpoena power - last updated January 01, 2026 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-2910/

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