The Delaware State Courts will be closed on Tuesday, November 5th for Election Day. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12PM (no new cases after 11:00PM).

Sussex County Courts including Justice of the Peace Court 2, 4, and 17 will be closing at noon on Thursday, November 7th for Return Day. JP Court 14 will be closed the entire day due to proximity to Return Day events.

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Justice of the Peace Court Non-Suit Judgments


Non-Suit Judgments

A non-suit judgment occurs when a plaintiff, after proper notice, fails to appear at the designated trial date and time.

Vacating a Non-Suit Judgment

A plaintiff seeking to vacate a non-suit judgment should explain why he or she failed to appear at the time scheduled. A motion to vacate a non-suit judgment should be filed within the following time:

  • Summary Possession (Landlord/Tenant) Actions - within 10 days of the entry of the non-suit judgment.
  • Debt, Trespass and Replevin Actions - within 15 days of the entry of the non-suit judgment, or if service was made by certified mail, within 30 days.