In any action by or against partners, the plaintiff may require the defendant or defendants to deny the allegation of partnership by affidavit filed with the answer, by the specific notation of the need for a denial by affidavit within the paragraph alleging partnership. Any defendant so answering shall deny the existence of the partnership as alleged, and stating to the best of the defendants' knowledge and belief whether there is any partnership in relation to the subject matter of the action, and who are the partners therein. Where plaintiff has complied with this section, failure of any defendant to file an affidavit with the answer shall be deemed an admission of the partnership as alleged.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 39. PLEADING AND PRACTICE
§ 3901. Affidavits of defense; judgments by default on written instruments; opening judgments.
§ 3902. Assignee suing in own name.
§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.
§ 3904. Suits and judgments by and against unincorporated associations.
§ 3905. Action for detention of goods and chattels.
§ 3906. Action to recover goods seized by execution or attachment.
§ 3907. Demand in actions to recover goods and chattels; necessity for proof.
§ 3908. Judgments by confession; warrant of attorney.
§ 3910. Disclaimer of interest by defendant; interpleader.
§ 3911. Recognizance of plaintiff upon interpleader.
§ 3912. Counsel fees; recovering in actions on written instruments.
§ 3913. Counterclaim in suits by or against executors or administrators.
§ 3915. Proof of incorporation or corporate existence.
§ 3916. Proof of agency in operation of motor vehicle.
§ 3917. Proof of signatures in actions or written instruments.
§ 3918. Recognizance of applicant for certiorari to justice of the peace.
§ 3919. Defense in civil libel actions.
§ 3920. Actions for price of newspapers or magazines received by mail; necessity for express order.
§ 3921. Presumption of proper administration of oath.
§ 3922. Destruction of property by minors; recovery of damages from parents.
§ 3923. Prosecution and defense of actions by persons of the age of 18 years or older.
§ 3925. Public officers and employees.
§ 3926. Production of records, jurisdiction.
§ 3926A. Production of reproductive health services records.
§ 3927. Unsworn declarations under penalty of perjury.
§ 3928. Limitations and protections against actions relating to the termination of pregnancy.
§ 3929. Recouperation of out-of-state judgments related to reproductive health services.
§ 3930. Civil action for public nuisance by firearm industry member.