Title 10, Courts and Judicial Procedure

§ 9505. Advice to litigants on right of appeal. After entering judgment in all civil and criminal cases, the Justice of the Peace Courts shall immediately advise the party litigants in civil cases and defendants in criminal cases of their right to take an appeal from the decision…

§ 9506. Civil contempt; penalty. A justice of the peace shall have the power to punish by fine not exceeding $100, or by imprisonment not exceeding 170 days, any disobedience or resistance to his or her lawful writ, process, order or rule. Any disobedience or resistance to the la…

§ 9507. Notice to the Director of Consumer Protection of filed tenants’ receivership petitions. (a) Within 10 days of its receipt of a petition for tenants’ receivership filed under § 5901 of Title 25 or § 7061 of Title 25, the Justice of the Peace Court in which the petition was…

§ 9521. Mode of proceeding. The proceeding in any civil action for debt, as described in § 9301 of this title, shall be by summons, or attachment.Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302; 24 Del. Laws, c. 241; 27 Del. Laws, c. 278; Code 1915, § 4006; Code 1935, § 4492; 10 D…

§ 9522. Issuance and requirements of summons. The writ of summons in an action under this subchapter shall be issued under the seal of the Justice of the Peace Court, dated on the day it is issued, stating the sum demanded, and the date for the defendant’s appearance, which shall…

§ 9523. Form of summons. The summons in an action under this subchapter shall be of the following form: “________________________________ County, ss. The State of Delaware. “TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED PROCESS SERVER: “We command you to summon ________…

§ 9524. Service of summons; verification for default judgment. (a) Service of a summons in an action under this subchapter upon an individual other than an infant or an incompetent person, shall be made by delivering a copy of the summons, with accompanying papers, if any, to the…

§ 9525. Deposit for cost; representation of an artificial entity. (a) No civil action shall be brought before any justice of the peace, in this State, unless the person bringing such action first makes a deposit of $5.00 with the justice of the peace before whom the person brough…

§ 9526. Time for hearing. In an action under this subchapter, the time appointed in the summons for the defendant’s appearance shall be the day for hearing the cause.Code 1852, § 2069; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9526;

§ 9527. Adjournments. (a) A hearing in an action under this subchapter may be adjourned to some day other than the date referred to in § 9526 of this title, but the adjournment shall not be for more than 15 days. Such adjournments may be made as are necessary for a fair trial. (b…

§ 9528. Requirement of special bail for certain adjournments. In an action under this subchapter, if the summons is made returnable “forthwith,” the justice may refuse to grant any adjournment on the defendant’s application, unless the defendant gives special bail as follows: “A.…

§ 9529. Discharge of special bail. Special bail shall be discharged if the defendant appears, or is surrendered before the justice, on the day to which the cause is adjourned, and pays and satisfies any judgment rendered against him or her in such proceedings.Code 1852, § 2073; 1…

§ 9530. Proceedings against special bail; scire facias. (a) If special bail is not discharged as provided by § 9529 of this title, and it appears, by the return upon any execution, that goods sufficient to satisfy the judgment cannot be found, proceedings by scire facias, in the …

§ 9531. Depositions of nonresidents. (a) In an action under this subchapter, if it appears, by affidavit, that there is a material witness residing out of the county, whose attendance it is not practicable to procure, the justice may make a rule that such witness’s deposition be …

§ 9532. Form of subpoena. (a) A subpoena for attendance of witnesses in actions under this subchapter shall be in this form: “ County, ss. The State of Delaware, To any constable, greeting: Summon A. B. and C. D., to appear before one of our justices of the peace, at said justice…

§ 9533. Failure to appear; penalty. If a witness, duly summoned, neglects to appear and testify before a justice, or before referees, the witness may, on proof that the witness has been duly summoned, be held in contempt of court under the provisions of § 9506 of this title and, …

§ 9534. Form of attachment for contempt. The form of an attachment under § 9533 of this title for contempt against a witness, shall be as follows: “ County, ss. The State of Delaware, To any constable, greeting: Bring A. B. before , one of our justices of the peace, at a Justice …

§ 9535. Form of distress warrant. The distress warrant to be used for levy on a referee’s goods and chattels shall be in the following form: “ County, ss. The State of Delaware, To any constable, greeting: Whereas, C. D. of has been adjudged by E. F., one of our justices of the p…

§ 9536. Setoff or counterclaim. (a) In every action before a justice of the peace, within the justice’s jurisdiction, the defendant, if the defendant has against the plaintiff any account, demand, or cause of action, cognizable before a justice of the peace, shall bring it forwar…

§ 9537. Failure of defendant to appear; adjournment or judgment by default. (a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to whic…

§ 9538. Application to vacate default judgment. (a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment b…

§ 9539. Failure of plaintiff to appear; adjournment or dismissal. If a plaintiff litigating a civil suit fails to appear at any proceeding scheduled by the Court, the Court shall either: enter a nonsuit judgment, which may be taken off in like manner as a judgment by default; dis…

§ 9540. Entry of judgment; endorsement on cause of action. Every justice of the peace, upon entering judgment upon any cause of action arising from any promissory note, bank check or due bill, or other evidences of indebtedness under the hand of the debtor, shall endorse on such …

§ 9541. Costs. (a) Whichever party recovers judgment shall recover that party’s costs of suit, to be allowed and collected by force of the judgment, as a part thereof. (b) If plaintiff, upon claiming a new trial, recovers no more than $5.00, exclusive of costs, the defendant shal…

§ 9542. Judgments against executor or administrator. (a) Every judgment against an executor, or administrator, as such, shall be a judgment of assets, and shall not charge the executor or administrator absolutely, but only in case the executor or administrator, at the time the ju…

§ 9543. Setting aside judgment on warrant of attorney. (a) If any defendant in a judgment on warrant of attorney, or attorney’s executors, or administrators, by affidavit filed with the justice, denies the obligation, or sets forth any just defense, a trial shall be granted, whic…

§ 9544. Six months stay of execution. (a) Upon every judgment given by the Court against a freeholder of the county, for a sum exceeding $5.00, besides costs, there shall, upon the application of the defendant within 5 days thereafter, be a stay of execution for 6 months, unless …

§ 9545. Nine months stay of execution; security. (a) If any defendant against whom a judgment is given for more than $5.00, besides costs, or any freeholder in relation to whom affidavit is made as in § 9544 of this title, gives, within 5 days after giving such judgment, or filin…

§ 9546. Transfer of judgment to Superior Court docket after stay of execution. (a) Whenever a defendant in any judgment described under § 9544 or § 9545 of this title has obtained a stay of execution under the provisions of either of such sections, the plaintiff or plaintiffs in …

§ 9547. Execution process. (a) Process of execution may be issued by the Justice of the Peace Court rendering a judgment, or by any other Justice of the Peace Court, with which the docket containing such judgment is deposited, or a duly certified transcript of the record of such …

§ 9548. Form of execution process. The form of execution process will be as prescribed by the Court and shall be issued in the manner provided by law.Code 1852, §§ 2110-2112, 2116; Code 1915, § 4023; 40 Del. Laws, c. 237, § 1; Code 1935, § 4509; 43 Del. Laws, c. 230, § 1; 10 Del.…

§ 9549. Garnishees; time for appearance; pleadings. (a) The day fixed for the garnishees’ appearance shall not be less than 5 days from the date, nor shall it be after the return day of the execution. (b) The garnishee summoned on any execution, or other attachment, shall be boun…

§ 9550. Proceeding by garnishee charging collusion. (a) Any person summoned to answer under an execution attachment as a garnishee of another, to whom such person is indebted in a sum exceeding the amount cognizable before a justice of the peace, or any creditor of such garnishee…

§ 9551. Appeal from proceeding by garnishee. (a) In any proceeding under § 9550 of this title, either party may have an appeal, as in other cases. (b) Any creditor of the garnishee, in case of judgment against the latter, may cause an appeal to be entered and carried on in the na…

§ 9552. Time of binding of goods and chattels by execution; duration of lien. An execution shall not bind goods and chattels until it is delivered to the constable or other officer to be executed. An execution shall, from the time it is so delivered, bind all the goods and chatte…

§ 9553. Levy; inventory. (a) The goods and chattels seized by virtue of an execution issued by a Justice of the Peace Court shall be inventoried by the officer levying the same. (b) The property which any debtor is entitled to have set apart under any exemption law of the State s…

§ 9554. Sale of goods levied upon; advertisement. (a) The goods and chattels taken on execution issued by a Justice of the Peace Court shall not be sold until they are advertised for at least 10 days, in at least 5 of the most public places in the neighborhood, by advertisements …

§ 9555. Priority of liens. If several executions against the same defendant are delivered on the same day, the first delivered shall have priority. If several executions against the same defendant are delivered together, they shall have priority according to their respective numb…

§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution. (a) A constable, or other officer, receiving an execution, shall, in a docket, set down the date of receiving it; and when several executions are delivered on the same day, the docket shall show …

§ 9557. Venditioni exponas; issuance; requirements; effect. (a) If there has been a levy made, but no sale, then an execution of venditioni exponas shall be issued at the request of any party entitled to the judgment. (b) A copy of the inventory shall accompany the return. (c) Th…

§ 9558. Form of venditioni exponas. The venditioni exponas shall be in the following form: “ County, ss. The State of Delaware. To any constable, greeting: We command you that after giving due notice, you sell, at public vendue, the goods and chattels specified in the schedule he…

§ 9559. Failure to return and defective return of execution [Repealed].Code 1852, § 2132; Code 1915, § 4030; Code 1935, § 4516; 10 Del. C. 1953, § 9566; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 204, § 9, effective Aug. 20, 2019.;

§ 9560. Failure to pay over proceeds from execution. If any sheriff, or constable, levies or receives any sum of money by virtue of an execution issued by a justice of the peace, and does not pay such proceeds on demand to the person entitled to receive them, he or she shall pay …

§ 9561. Failure on return to produce receipt of proceeds. (a) If any constable, to whom an execution is delivered, does not, at or before the time it is returnable, produce the receipt of the party entitled to the benefit thereof, for the amount levied thereon, or makes an insuff…

§ 9562. Necessity of judgment and execution docket. There shall be a judgment and execution docket for each Justice of the Peace Court, the size, type and mode of said dockets to be as prescribed by the Chief Magistrate.12 Del. Laws, c. 91; Code 1915, § 4028; Code 1935, § 4514; 1…

§ 9563. Judgment docket. Every justice of the peace shall make a fair entry, in a judgment docket, of every action commenced before him or her, therein setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process and when it is returnab…