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ADMINISTRATIVE APPEALS FROM THE DEPARTMENT OF TRANSPORTATION
DIVISION OF MOTOR VEHICLES TO THE COURT OF COMMON PLEAS
How Much Time Do I Have to File My Appeal?
What Do I Need to File to Appeal a Decision from the Department
of Transportation, Division of Motor Vehicles?
How Do I Complete a Citation on Appeal Writ?
Sample Forms
ADMINISTRATIVE APPEALS FROM THE DEPARTMENT
OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES TO THE COURT OF COMMON PLEAS
Appeals from the Department of Transportation, Division of Motor Vehicles, are governed by Court of Common Pleas Civil Rule 72.1. Copies of the rules are available in the law library in the Courthouses, the Wilmington Public Library or Widener University School of Law in Wilmington .
HOW MUCH TIME DO I HAVE TO FILE MY APPEAL?
The appeal must be filed within fifteen (15) days from
the entry of the final judgment.
WHAT DO I NEED TO FILE TO APPEAL A DECISION FROM THE DEPARTMENT
OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES? The
individual wishing to appeal the decision is the "Appellant." The "Appellee"
is the party against whom the appeal is taken. All parties are strongly
urged to obtain an attorney.
The Appellant must file with the Clerk of the Court the following documents:
1. Notice of Appeal
2. Praecipe
3. Citation on Appeal
4. Civil Case Information (CIS) Sheet in New Castle County
A "Pracecipe" tells the Sheriff (who will serve the papers on the Department
of Transportation, Division of Motor Vehicles) where to find that agency.
The Appellant must also provide the Court a check in the amount of $30.00 made payable to the Sheriff of the county in which the case is being filed.
The Appellant must also pay a filing fee of $125.00. The Court may also require a non-resident Appellant to post a bond. Until
these documents are filed with the Court and the appropriate fees are
paid, the appeal will not be processed.
After the appeal has been filed along with the appropriate documentation
and all fees have been paid, the Court will issue the Citation on Appeal
to the custodian of the records for the Department of Transportation, Division
of Motor Vehicles. The custodian of the records will send to the Court
a certified copy of the record and a typewritten copy of the evidence
within twenty (20) days from the date of service (from the delivery of the Citation
on Appeal.) The Appellant is responsible for paying the costs of the transcript.
After the Court receives a certified copy of the proceedings held below,
the clerk will send a briefing schedule to the parties. A brief is a written
document consisting of legal and factual arguments of each party and the
authorities to support their respective positions.
The briefing schedule will allow the Appellant twenty (20) days to file an
Opening Brief, twenty (20) days for the Appellee to file their Answering
Brief, and ten (10) days for the Appellant to file a Reply Brief to the
Answering Brief. If the Appellant wishes to waive (give up) the filing
of a Reply Brief, the appellant must do so in writing. The Appellant's
Opening Brief should state the reasons why the Board's decision should
be reversed. The Appellee's Answering Brief will argue the reasons why
the Board's decision should be affirmed.
The Appellant must deliver or mail a copy of their brief to the Appellee
and file the original and a copy with the Court. The original must have
an affidavit of mailing attached or a receipt of the hand-delivered copy.
Once the Court receives the set of three briefs, the appeal will be assigned
to a Judge for a decision.
This information is not all inclusive and is intended to be a guide
only for those persons wishing to plead appeals without the assistance
of counsel.
HOW DO I COMPLETE A CITATION ON APPEAL WRIT?
This
writ is used when a case is filed in accordance with Court of Common Pleas
Civil Rule 72.l.
To complete the Citation on Appeal writ:
- Enter the caption as it appears on the Notice of
Appeal.
- Leave the case number blank. The Clerk's Office will
assign a new civil action number (C. A. No.) and will fill it in on this
line.
- Under the words "The Decision Of" indicate the Court
or Board from which you are appealing.
- Next to the word "DATED" indicate the date of decision.
- Below the caption, on the line that reads "To the
Sheriff of ______," enter New Castle, Kent or Sussex, depending upon where
the Court is located.
- In the paragraph body, fill in both blanks with the
Court or Board from which you are appealing.
- Leave the date space blank. The Clerk's Office will
date the document the day it is issued and sent to the Sheriff's Office.
SAMPLE FORMS
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The forms below are available in pdf
format. If you do not have the free Adobe Acrobat Reader, you can
download it at http://www.adobe.com. |
Notice of Appeal
Praecipe
Citation on Appeal
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