The Delaware State Courts will be closed on Monday, December 24th and Tuesday, December 25th for the Christmas holiday. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County) and 3 (Sussex County) will remain open.

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.