A Delaware Precise (For JP Court of Appeal-Plaintiff) is a formal document used in Delaware's justice of the peace courts to initiate an appeal from a lower court's decision. It is typically used by the plaintiff in the original case who wishes to appeal the lower court's ruling. The Delaware Precise must be signed by the plaintiff and include the name of the court in which the appeal is being filed, the names of the parties involved, the case number, the date of the lower court's decision, and the grounds on which the appeal is being sought. There are two types of Delaware Precise (For JP Court of Appeal-Plaintiff): the Precise for Appeal and the Precise for Motion for Reconsideration. The Precise for Appeal must be filed within 30 days of the lower court's ruling and will initiate the appeals process. The Precise for Motion for Reconsideration must be filed within 10 days of the lower court's ruling and will ask the court to reconsider its decision without initiating the appeals process.
Delaware Praecipe (For JP Court of Appeal-Plaintiff)
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FAQ
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.
Scire Facias on Judgments. § 5071. Issuance for execution on judgments and recognizances; parties. A writ of scire facias may be sued upon a judgment in a personal, or mixed action, as well as upon a judgment in a real action, as also upon all recognizances, to obtain execution of such judgment, or recognizances.
Legal Jurisdiction. The Justice of the Peace Court has jurisdiction over civil cases involving debt, trespass and replevin in which the amount in controversy does not exceed $25,000. The Justice of the Peace Court has jurisdiction over all landlord/tenant summary possession proceedings.
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.
Summary judgment is a judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.
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.
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.
Superior Court has statewide original jurisdiction over criminal and civil cases, except equity cases, over which the Court of Chancery has exclusive jurisdiction, and domestic relations matters, which jurisdiction is vested with the Family Court.