Civil Court Proceedings
Introduction to Civil Claims
Court Proceedings in the Justice of the Peace Court
Learn about filing or defending a civil action, judgments, collecting a judgment and post judgment procedures, along with FAQs and a glossary of terms.
Brochures, Videos and Interactive Forms
Video and brochures available from the Justice of the Peace Court to help you in filing or defending your case.
How to Start a Civil Claim
Learn how to start an action in the Justice of the Peace Court to collect a debt, recover items of property, obtain compensation for property damage, or obtain possession of a rental unit.
How to Respond to a Civil Claim
When you receive the complaint, you will also receive a summons which will direct you as to the next step which you need to take to avoid a default judgment.
Sample complaints
Sample complaints to assist in filling out complaint forms
Bill of Particulars
A bill of particulars is used only in debt actions and is intended to provide the defendant with more information as to the plaintiff's claim.
Counterclaims
A counterclaim is a claim made by the Defendant against the Plaintiff when the Defendant believes that the Plaintiff owes him or her money.
Third Party Claims
A third party action is filed by the Defendant against a party other than the Plaintiff who may be liable for all or part of the damages that the Plaintiff may win from the Defendant
Garagekeeper's Liens
Includes instructions for filing a Garagekeeper's Lien, Lien statute, rule and forms.
General Information
Video Series on Civil Case Process in the Delaware Civil Courts
Preparing for Trial
Learn important tips on how to prepare for trial
What to Expect at Trial
Guidelines for dress, behavior and court process at a trial in the Justice of the Peace Court.
Do I need an Attorney?
An individual may appear in the Justice of the Peace Court without an attorney. However, if you are unfamiliar with the legal issues and procedures in your case, you may want to consider consulting with a lawyer. Finding an attorney.
eFiing
Policy Directive 08-232 sets forth the criteria establishing who is required to e-file.
Amount of Civil Claim
The Justice of the Peace Court may not award any amount exceeding $25,000
Delaware Uniform Rules of Evidence
Questions and Answers about the Rules of Evidence in the Justice of the Peace Court
Service of Process
Service of process
How the defendant is notified of the suit
Service of process on corporations
Procedures for service when suing a corporation.
Service of process on defendants not in Delaware
The Justice of the Peace Court does not perform service on out of state Defendants
Special Process Servers
Information on the use of special process servers for cases filed in the Justice of the Peace Courts including a list of approved Special Process Servers
Forms
Abandoned Personal Property Forms
Interactive Forms:
Debt--A debt action is a claim for a sum of money.
Return of Security Deposit--A type of debt action.
Replevin--A replevin action may be filed by a person to get back an article or item of personal property that is being withheld from them by another person
Trespass--A civil trespass action involves the wrongful, intentional, or negligent actions of a person that resulted in damage to another's property
Landlord Tenant Summary Possession--Complaint by landlord or tenant to obtain possession of a residential rental unit.
Form 50 Certificate of Representation
Artifical entity and public body pro se representation in civil actions in the Justice of the Peace Court
Complaint Form (Form 1) (Word version)
Complaint form samples and instructions
Judgments
How to Collect and/or Revive a Judgement
A judgment in the Justice of the Peace Court is good for five years. Thereafter, court procedures may be used to attempt to collect a judgment only if the judgment is revived by scire facias. To revive a judgment by scire facias, the plaintiff should file a motion for a hearing on reviving the judgment.
Post- Judgment Procedures
Including vacating a default judgment, vacating a non-suit judgement, how to appeal a decision and motion for a new trial.
Default Judgement
When the Defendant fails to appear, plead, or otherwise defend the case and the Plaintiff requests judgment to be entered in his or her favor, a default judgment may be entered
Wage garnishments
Request that the defendant's wages be garnished.
Constable Sales
Collecting judgment from the defendant's property.
Post Judgment Interest
How to Calculate Post Judgment Interest.
Appeals
How to Appeal A Case
Includes instructions, faqs, and sample forms for civil cases and landlord/tenant appeals
Landlord/Tentant Appeals
How to appeal a Landlord/Tenant civil case
Justice of the Peace Court Appeals (Chapter 23)
Motion for a New Trial
Either party has 10 days, starting the day after the judgment is signed by the judge, to file a motion for a new trial as provided under Justice of the Peace Court Civil Rule 59.
Landlord/Tenant
Landlord Tenant Procedures
How to start, respond to and appeal a landlord tenant claim (summary possession action).
Landlord Tenant Summary Possession Interactive form
Complaint by landlord or tenant to obtain possession of a residential rental unit.
Landlord/Tenant Appeals
A written request to appeal the decision must be made within 5 days after the judgment of the Justice of the Peace Court in which the case was heard.
Manufactured Homes Communities Act (summary)
Summary of the Manufactred Home Communities Act with a comparison to the previous statute.
