§ RULE 111. PROCEEDING FOR AN ORDER FOR THE DESTRUCTION OF MATERIAL IN CONNECTION WITH A PUBLIC HEALTH EMERGENCY

Codes > Delaware Superior Court Rules of Civil Procedure > XIII. Miscellaneous > RULE 111.

RULE 111. PROCEEDING FOR AN ORDER FOR THE DESTRUCTION OF MATERIAL IN CONNECTION WITH A PUBLIC HEALTH EMERGENCY

(a) In any proceeding seeking destruction of material or property pursuant to 16 Del. C. § 508(c) or 20 Del. C. § 3134, the petition shall be filed with the Prothonotary in the county where the material or property is located.

(b) Prior to filing the petition, petitioner shall schedule with the Court a time and date for a hearing on the petition; such schedule shall allow for at least 5 days notice of the filing of the petition.

(c) The petition shall be verified and shall set forth:

(1) The identity of the petitioner and facts concerning the petitioner's legal authority to bring the action;

(2) A description sufficient to identify the particular material or property at issue including its current location and/or custodian;

(3) Information concerning the need for the destruction of the material or property including the nature of the potential or existing public health emergency and the danger presented by the material or property;

(4) The identity of the owner(s) of the material or property and the identity of all persons or entities reasonably believed to have or claim an interest in the material or property.

(d) The petition shall have annexed thereto an affidavit showing that notice of the time, place and purpose of the hearing, together with a copy of the petition, has been given to the owners and all persons and entities reasonably believed to have or claim an interest in the material or property, and showing the time and method of such notice.

(e) The petition shall have annexed thereto a proposed order.

(f) The court shall hold a hearing on the petition as set forth in the notice or at such other time and place as the court may order.

(g) At the hearing, the court may consider any objections to the proposed order filed prior to the hearing or presented at the hearing. The court may receive evidence at the hearing.

(h) The court may issue a final order granting or denying relief, or may issue an interim order providing for custody and control of the property or material, with such restrictions and conditions as are determined appropriate, pending further proceedings as ordered by the court.