6 Del. C. ch. 46 § 4611
Subpoenas; giving of evidence
Operative Text
(a) In general. — The Commission may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the Superior Court. (b) Witness fees. — Witnesses summoned by a subpoena under this chapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in Superior Court. (c) Civil enforcement. — Where any person fails or neglects to attend and testify or answer any lawful inquiry or to produce records, documents or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this section, the Commission may petition the Superior Court in the county where such person resides or conducts business for an order requiring such person to appear before the Commission to produce evidence if so ordered or to give testimony pertaining to the matter under investigation or in question. Any failure to obey such order may be punished by the Court as being in contempt of the Court. (d) Criminal penalties. — (1) Any person who wilfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this section, shall in each instance be fined not more than $2,500, or imprisoned not more than 1 year, or both. (2) Any person who, with intent thereby to mislead another person in any proceeding under this chapter: a. Makes or causes to be made any false entry or statement of fact in any report, account, record or other document produced pursuant to subpoena or other lawful order under subsection (a) of this section; b. Wilfully neglects or fails to make or to cause to be made full, true and correct entries in such reports, accounts, records or other documents; or c. Wilfully mutilates, alters or by any other means falsifies any documentary evidence; shall in each instance be fined not more than $2,500, or imprisoned not more than 1 year, or both.
Section 4611 of Title 6 of the Delaware Code grants the Commission authority to issue subpoenas and order discovery during investigations and hearings related to residential landlord-tenant matters, with the same scope and limits that apply in Superior Court civil actions. Witnesses who are subpoenaed are entitled to the same fees and mileage reimbursements as witnesses in Superior Court proceedings. If someone refuses to comply with a subpoena or lawful order, the Commission can seek a court order compelling compliance, and willful noncompliance or falsification of evidence can result in criminal penalties of up to $2,500 in fines, up to one year of imprisonment, or both.
Plain English — not legal advice.
Under 6 Del. C. § 4611, property owners and managers involved in Commission investigations or hearings should be aware that the Commission holds broad subpoena and discovery powers equivalent to those of the Superior Court. Compliant operators generally respond fully and accurately to any subpoena or lawful order, ensuring that all records, documents, and other evidence requested are produced in complete and unaltered form. Willfully ignoring a subpoena, providing false entries, or falsifying documents in any Commission proceeding can expose a person to criminal penalties, including fines and potential imprisonment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4611 of Title 6 of the Delaware Code gives the Commission meaningful investigative tools—including subpoenas and discovery orders—that can be used in proceedings that may affect tenants' rights. If a landlord or other party fails to produce records or testimony relevant to a tenant's complaint, the Commission has the authority to petition the Superior Court to compel that cooperation. Tenants who believe relevant evidence is being withheld in a proceeding under this chapter may wish to raise that concern with the Commission directly or consult a tenant-rights organization familiar with Delaware housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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