Chapter 41. Defects In Record - Delaware Statutes

TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 41. DEFECTS IN RECORD

§ 4101. Amendment of writs and record.

Writs of scire facias, of execution, and of error, may be amended. After judgment, the court before whom a record is, may order the amendment of any clerical error in any part of such record. When there is matter to amend, the court may order any amendment that will tend to the furtherance of justice.

Code 1852, § 2510; Code 1915, § 4429; Code 1935, § 4887; 10 Del. C. 1953, § 4101.;

§ 4102. Amendments after judgment.

After judgment rendered in any civil action, any defects or imperfections, in matter of form, found in the record, or proceedings, in the action, may be rectified and amended by the court to which it is removed by appeal or writ of error, if substantial justice requires it, and if the amendment is in affirmance of the judgment.

Code 1852, § 2512; Code 1915, § 4431; Code 1935, § 4889; 10 Del. C. 1953, § 4102.;

§ 4103. Reversal of judgments for defects in form.

No judgment shall be reversed for any defect or imperfection in matter of form which might, by law, have been amended.

Code 1852, § 2503; Code 1915, § 4421; Code 1935, § 4879; 10 Del. C. 1953, § 4103.;