Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action

Citation
Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action
Jurisdiction
Delaware (state)
Source
Official source
Original Source
https://courts.delaware.gov/help/LandlordTenant/ ↗

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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 your case was heard. The appeal will be heard by a special panel of 3 justices of the peace which will not include the justice of the peace who originally heard the case. If the original trial was a non-jury trial, a new trial before the special panel will be held. When a new trial is held, the appeal may also include claims and counterclaims which were not raised in the original proceeding. However, to have new claims or counterclaims considered, the claimant must file, within 5 days of filing the appeal, a bill of particulars identifying the new issues which the claimant intends to raise at the hearing.Information on filing a Bill of Particulars is available in the booklet How to File and Defend a Civil Claim.

If the original trial was a jury trial, the special panel will review the record of the case and the person appealing the decision must specify to the panel the legal issues that the person appealing believes were decided incorrectly. 25 Del.C. § 5717

The fee for an appeal of a summary possession case is $50. In addition to the appeal fee, a cash bond may be required to prevent eviction from taking place during the appeal.