The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by the Family Court in other cases which are otherwise within its jurisdiction. A petition for the issuance of a writ of habeas corpus may be reviewed and decided by the judge issuing the order incarcerating the petitioner in the first instance.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
§ 6901. Jurisdiction to grant writs.
§ 6902. Persons entitled to writs; exceptions.
§ 6903. Person committed for contempt; notice of hearing.
§ 6904. Custody of minor child.
§ 6906. Award and service of writ.
§ 6907. Method of service; return.
§ 6909. Discharge generally; defects in commitment.
§ 6912. Reduction of excessive bail.
§ 6914. Delivering copy of warrant or process; penalty.
§ 6915. Returning writ and producing body; violations and penalties; compelling production.
§ 6916. Evasion of writ; penalty.
§ 6917. Rearrest of discharged person for same offense; exceptions.