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Delaware Appeal from Court of Common Pleas

Category:
Statewide - Superior Court
State:
Delaware
Control #:
DE-SC-045-0
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PDF
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Description

Appeal from Court of Common Pleas
A Delaware Appeal from Court of Common Pleas is an appeal that is filed with the Supreme Court of Delaware to review a decision from the Court of Common Pleas. There are two types of appeals from Court of Common Pleas: a direct appeal and an interlocutory appeal. A direct appeal is an appeal of a final judgment that was entered in the Court of Common Pleas. An interlocutory appeal is an appeal of a non-final order or a decision by the Court of Common Pleas that does not end the case. Both types of appeals involve filing a written notice of appeal with the Supreme Court of Delaware, and a record of the proceedings from the Court of Common Pleas. The Supreme Court of Delaware will review the appeal and issue a decision.

A Delaware Appeal from Court of Common Pleas is an appeal that is filed with the Supreme Court of Delaware to review a decision from the Court of Common Pleas. There are two types of appeals from Court of Common Pleas: a direct appeal and an interlocutory appeal. A direct appeal is an appeal of a final judgment that was entered in the Court of Common Pleas. An interlocutory appeal is an appeal of a non-final order or a decision by the Court of Common Pleas that does not end the case. Both types of appeals involve filing a written notice of appeal with the Supreme Court of Delaware, and a record of the proceedings from the Court of Common Pleas. The Supreme Court of Delaware will review the appeal and issue a decision.

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FAQ

A Notice of Appeal. This must be filed within fifteen (15) days after the date of the decision in the Justice of the Peace Court. The notice has to be filed in the Clerk's Office of the Court of Common Pleas and must include an original and one copy.

A judgment in the Justice of the Peace Court is good for five years. Thereafter, court procedures may be used to attempt to collect a judgment only if the judgment is revived by scire facias. To revive a judgment by scire facias, the plaintiff should file a motion to revive the judgment.

A defendant against whom a default judgment has been entered may file a motion to vacate the default judgment. The motion should be on a Civil Form 11 (Request for Motion Hearing). If you are using a Form 11 that you obtained online, you should make four copies of the Form.

Delaware is part of the Third Circuit Court of Appeals. Delaware has one federal district court, the U.S. Federal District Court for the District of Delaware.

The Court of Common Pleas for the State of Delaware has criminal jurisdiction throughout the State over misdemeanors and motor vehicle offenses, including misdemeanor drug offenses for persons over the age of 18. Jury trial is available to all defendants in criminal matters.

After losing an appeal, the appellate court will typically affirm the original decision made by the lower court. In other words, the lower court's decision will stand, and the ruling will become final. In some instances, the appellate court may also modify the original decision instead of affirming it.

When do I file a Notice of Appeal? Except in direct criminal appeals, you must file your notice of appeal with the Clerk's office, and the Clerk's office must receive it, within 30 days after the trial court enters on the docket the judgment or order from which the appeal is taken.

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More info

NOTICE OF APPEAL: Full caption as it appears on lower court docket is required. Complete the caption identical to the caption of the Order you are appealing, including the names of the parties and the case number.If it is a criminal case,. To appeal the Superior or Commonwealth Court, you must file a Notice of Appeal, Proof of Service, and a copy of the docket entries. Court of Common Pleas civil appeals begin in the Superior Court Prothonotary's Office. Defendants may file an appeal from a decision of the Court of Common Pleas to the Superior Court within 30 calendar days of the date of judgment. As intermediate level appellate courts, their primary function is to hear appeals from the common pleas, municipal and county courts. (Court of Common Pleas Civil Rule 12(e)) The twenty (20) days begin the day after you receive the Complaint and all days are counted. The FAQ of the Court of Appeals contains guidance on preparing an appeal. A defendant who has been found guilty or who has pleaded guilty to a summary offense may file an appeal with the Court of Common Pleas.

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