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.
Del. Code tit. 10, § 4773
Application by plaintiff for rule of reference
Code 1852, § 2418; Code 1915, § 4317; Code 1935, § 4789; 10 Del
Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.