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You may use Civil Form CF01CC titled Counter/Cross Claim. The written statement or form CF01CC must be filed with the Court and a copy should be delivered or mailed to the Plaintiff. With the Court's copy, you must file a notarized affidavit stating how and when you served the Plaintiff's copy.

FORM NO. 50 MUST BE COMPLETED, NOTARIZED AND FORWARDED TO THE CHIEF MAGISTRATE, 5 EAST PINE STREET, GEORGETOWN, DELAWARE 19947, ALONG WITH THE $20.00 ANNUAL REGISTRATION FEE. EFILERS ARE REQUIRED TO SUBMIT THEIR NOTARIZED APPLICATION VIA EFILING TO THE CHIEF MAGISTRATE'S OFFICE EFILING LOCATION.

A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.

If you filed a Petition and the Respondent(s) has not yet answered/filed an appearance, you may file a Voluntary Dismissal of Civil Action (Form 297). On this form, you must state the reasons why you want to dismiss your case. A Judge or Commissioner will review the voluntary dismissal.

Yes. Evictions are heard in Delaware Justice of the Peace Court. The small claims division is also an excellent forum for other types of cases typically brought in small claims courts, such as property damage matters and breach of contract disputes.

The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.