§ 9903. Appeal in the discretion of the appellate court.
§ 9903. Appeal in the discretion of the appellate court. The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the […]
§ 9904. Time for filing appeal.
§ 9904. Time for filing appeal. The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from […]
§ 9905. Principles of construction.
§ 9905. Principles of construction. The provisions of this chapter shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitutions of the United States and the State. 70 Del. Laws, c. 481, § 3;
§ 9633. Procedure.
§ 9633. Procedure. (a) In a proceeding under this subchapter, the service of a summons shall be as in all other civil actions. If service is unable to be perfected, the Court may forward a certified letter, return receipt requested, to the defendant enclosing the statement of claim and informing the defendant that a hearing […]
§ 9802. Duties with respect to costs; limitations on fees.
§ 9802. Duties with respect to costs; limitations on fees. All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The justice shall tax the costs for each service specified by the rules of the Justice of the Peace Court. No other fee […]
§ 9634. Form of writ.
§ 9634. Form of writ. The writ shall be of the following form: “ County, ss. The State of Delaware. To any constable of County. WE COMMAND YOU to replevy and deliver to the said the following described goods and chattels forthwith to wit: of the value of dollars lawful money of the United States […]
§ 9803. Violations and penalty.
§ 9803. Violations and penalty. (a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by the rules of the Justice of the Peace Court, shall be fined not more than $500. (b) The […]
§ 9637. Judgments.
§ 9637. Judgments. (a) In a proceeding under this subchapter, if the defendant being duly summoned does not appear, or if upon trial it is proved to the satisfaction of the justice that the plaintiff is entitled to the possession of the property, replevied and delivered, plaintiff shall have judgment for the possession thereof and […]
§ 9901. Definitions.
§ 9901. Definitions. As used in this chapter: (1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court. (2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. The Superior Court is a lower court for the […]
§ 9638. Lien of judgment on real estate.
§ 9638. Lien of judgment on real estate. Any judgment entered under this subchapter may be made a lien on real estate in the same manner as is provided by § 9569 of this title. Code 1915, § 4065J; 29 Del. Laws, c. 256, § 2; Code 1935, § 4556; 10 Del. C. 1953, § […]