§ 9537. Failure of defendant to appear; adjournment or judgment by default.
§ 9537. Failure of defendant to appear; adjournment or judgment by default. (a) After verification of the return of service, if a defendant, being duly summoned, fails to appear by written motion or pleading at or before the date provided for in the summons or at any time to which the cause is regularly adjourned […]
§ 9538. Application to vacate default judgment.
§ 9538. Application to vacate default judgment. (a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply to have […]
§ 9539. Failure of plaintiff to appear; adjournment or dismissal.
§ 9539. Failure of plaintiff to appear; adjournment or dismissal. If a plaintiff litigating a civil suit fails to appear at any proceeding scheduled by the Court, the Court shall either: enter a nonsuit judgment, which may be taken off in like manner as a judgment by default; dismiss the action according to court rule; […]
§ 9524. Service of summons; verification for default judgment.
§ 9524. Service of summons; verification for default judgment. (a) Service of a summons in an action under this subchapter upon an individual other than an infant or an incompetent person, shall be made by delivering a copy of the summons, with accompanying papers, if any, to the individual personally or by leaving a copy […]
§ 9525. Deposit for cost; representation of an artificial entity.
§ 9525. Deposit for cost; representation of an artificial entity. (a) No civil action shall be brought before any justice of the peace, in this State, unless the person bringing such action first makes a deposit of $5.00 with the justice of the peace before whom the person brought the action, to be applied to […]
§ 9526. Time for hearing.
§ 9526. Time for hearing. In an action under this subchapter, the time appointed in the summons for the defendant’s appearance shall be the day for hearing the cause. Code 1852, § 2069; Code 1915, § 4009; 34 Del. Laws, c. 221, § 2; Code 1935, § 4495; 10 Del. C. 1953, § 9526;
§ 9527. Adjournments.
§ 9527. Adjournments. (a) A hearing in an action under this subchapter may be adjourned to some day other than the date referred to in § 9526 of this title, but the adjournment shall not be for more than 15 days. Such adjournments may be made as are necessary for a fair trial. (b) The […]
§ 9528. Requirement of special bail for certain adjournments.
§ 9528. Requirement of special bail for certain adjournments. In an action under this subchapter, if the summons is made returnable “forthwith,” the justice may refuse to grant any adjournment on the defendant’s application, unless the defendant gives special bail as follows: “A. B. becomes special bail for C. D., the defendant in this action. […]
§ 9301. Civil jurisdiction; amount in controversy.
§ 9301. Civil jurisdiction; amount in controversy. Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for […]
§ 9529. Discharge of special bail.
§ 9529. Discharge of special bail. Special bail shall be discharged if the defendant appears, or is surrendered before the justice, on the day to which the cause is adjourned, and pays and satisfies any judgment rendered against him or her in such proceedings. Code 1852, § 2073; 19 Del. Laws, c. 776, § 1; […]