If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under § 4772 of this title may be made by the court upon the application of the plaintiff only.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Subchapter IV. Judgments Against Executors and Administrators
§ 4771. Report of referees; conclusiveness as to assets.
§ 4772. Decedent's real estate as bound.
§ 4773. Application by plaintiff for rule of reference.
§ 4774. Notice of meeting of referees.
§ 4775. Rule of reference after judgment by default or upon motion.