Dover delaware time trial

If the rule did not exist when the tenant entered into the rental agreement, a statement that it does not work a substantial modification of the tenant's bargain, or if it does, that the tenant consented knowingly, in writing, to the rule. If you plaintiff wish to have a jury trial:. Unlike other actions in the Justice of the Peace Court, jury trials may be held in summary possession actions. To have a jury trial, you must be sure to check the "trial by jury" box on the complaint.

Parties are particularly encouraged though not required to have an attorney represent them when there is a jury trial. Your action for possession will be scheduled for trial and the defendant will be served with the complaint and summoned to appear at trial. You will receive a notice in the mail giving the date and time of the trial.

It may take several weeks before your trial will be held, depending on the number of cases filed in that court. If possible, the complaint and summons will be served by the constable handing these papers to the defendant. If not, the constable will leave the papers with a person of suitable age and discretion who resides or is employed in the rental unit. If neither of these methods is possible, and the defendant is a person, the papers are posted on a conspicuous part of the rental unit and sent by either certified or first class mail with certificate of mailing to the rental unit or any other address known to the plaintiff at which it is likely the defendant will receive the papers.

If the defendant is an artificial entity, such as a corporation or partnership, after posting, the papers must also be sent by certified or first class mail with certificate of mailing to the principal place of business of the defendant, if known, or to any other place known to the plaintiff at which it is likely the defendant will receive the papers.

If a landlord or tenant has substantial evidence that the party from whom summary possession is being sought is causing substantial or irreparable harm to the other's person or property, the injured party may apply to the Court for a forthwith summons so that the case will be heard at an earlier date.

More information on filing a counterclaim or a third party complaint is contained in the booklet How to File and Defend a Civil Claim in the Justice of the Peace Court of the State of Delaware. The booklet, How to File and Defend a Civil Action in the Justice of the Peace Court of the State of Delaware, provides general information on preparing for trial and what you may expect at trial.

Also, remember, that summary possession cases may be complicated to present and the parties are encouraged to have an attorney represent them in court. When the Court enters judgment in the case, the Court will order the losing party to pay the court costs of the suit. However, attorneys' fees, by law, may not be awarded with regard to residential units in summary possession cases.

A non-suit judgment is a judgment against a plaintiff which is entered when the plaintiff, after proper notice, fails to appear at the date and time for trial. A default judgment is a similar judgment against a defendant when the defendant fails to appear. In summary possession cases, a party may file a motion to vacate a non-suit or default judgment. In most cases, this motion must be filed within 10 days of the entry of the judgment.

A written request to appeal the decision must be made within 5 days after the judgment of the Justice of the Peace Court in which your case was heard. The appeal will be heard by a special panel of 3 justices of the peace which will not include the justice of the peace who originally heard the case.

If the original trial was a non-jury trial, a new trial before the special panel will be held. When a new trial is held, the appeal may also include claims and counterclaims which were not raised in the original proceeding. However, to have new claims or counterclaims considered, the claimant must file, within 5 days of filing the appeal, a bill of particulars identifying the new issues which the claimant intends to raise at the hearing.

If the original trial was a jury trial, the special panel will review the record of the case and the person appealing the decision must specify to the panel the legal issues that the person appealing believes were decided incorrectly.

In addition to the appeal fee, a cash bond may be required to prevent eviction from taking place during the appeal. In a case in which the judge has ruled that failure of the tenant to pay the rent arose out of a good faith dispute, the tenant may usually stay all proceedings on the judgment by paying all rent due at the date of the judgment and the court costs.

Alternatively, the tenant may stay the proceedings by filing a statement and such security as the Court orders that all rent and costs will be paid within 10 days of the judgment.

If payment is not made within ten days, a writ of possession may be requested by plaintiff and issued by the Court. A good faith dispute means one in which there was an honest difference of opinion relating to the rights of the parties pursuant to the rental agreement or the Residential Landlord Tenant Code.

An application called an " in forma pauperis" application may be made to the Court for these costs to be waived for persons the court determines are unable to pay. The clerk can provide the necessary forms. If the party in possession of the unit does not vacate it on his or her own, the plaintiff may ask the Court to issue a writ of possession. The writ of possession is an order to the constable to remove all persons who have been found to be wrongfully in the unit.

The Court will not issue the writ of possession until 10 days from the date of the judgment have passed. If the defendant has appealed but has not filed a bond or assurances, the Court may issue the writ of possession upon the plaintiff's request. However, if the tenant is evicted, but is ultimately successful on appeal, the plaintiff will be responsible for reasonable cover damages for the period while the tenant was evicted from the unit including but not limited to the costs of substitute housing and moving , plus court costs and fees.

If an eviction is ordered, the person s to be removed will be given at least 24 hours notice that they must vacate the premises.

If an evicted tenant leaves his or her personal property on the premises, the landlord may remove and store such property at the evicted person's expense. Such property shall be stored for 7 days by the landlord if no appeal of the summary possession action is taken and for 7 days after the decision on the appeal, if there is an appeal. Following that time, if the person whose property has been stored has failed to claim it and to provide reimbursement for the expense of removal and storage, such property will be deemed to be abandoned.

The email list is also used to announce cancellations due to bad weather or road construction. The Digest or Abridged versions are not recommended if you care about cancellation notices. The list has very low traffic. Here are the results , including previous years. Here are some photos from May and August Thanks to Chris Woodward.

This event is free. Tell your friends. Please consider making a donation to Racing to Breathe , which is important to several of our regular riders. Horizontal axis shows minutes. Is This Your Race? Claim it Today! Add Your Logo, Images and more! Claim This Race. Help other racers! Let them know how the course, atmosphere, and schwag were! Court of Common Pleas Civil Rule The paragraphs on the Complaint are consecutively numbered.

You must respond to each of the numbered statements with a brief answer. For each statement, you should indicate whether or not the statement is true, if you know. You should answer simply with the words "admitted," "denied," or "do not know," whatever is correct. If the statement is partially true, you may answer "admitted in part" and then explain.

Any explanation of your answers should be kept brief. At the end of the Answer, sign your name and give your address and telephone number. The Court will clock in both the copy and the original.

The Court will keep the original and return the copy to you as proof that you filed your Answer with the Court. You can mail a copy of your Answer to the Plaintiff or you may hand deliver it. If you mail it, you should type or write at the end of your Answer, "Mailed to Plaintiff on date.

The attorney's office, or the person who filed the Complaint if there is not an attorney involved, must note on the original of the Answer that they have received a copy. If the Complaint is not answered within twenty 20 days after being served by the Sheriff, you may direct the Clerk to enter a default judgment against the Defendant s since they did not file an Answer. Court of Common Pleas Civil Rule 55 b 1.

If you are a Defendant and you believe the Plaintiff owes you money, you may file what is known as a "counterclaim. As the Defendant, you must outline in writing specifically why you are suing the Plaintiff and the amount of money you are seeking. The original must be filed with the Court and a copy should be hand-delivered or mailed to the Plaintiff. The copy that is filed with the Court must have a notarized affidavit detailing the specific manner in which the Plaintiff was served with the counterclaim.

Discovery in a lawsuit is a way to learn more about your opponent's case. The most common discovery methods are described below. Interrogatories are written questions about the case that you send or deliver to your opponent, who must give you written answers within thirty 30 days of receiving the questions.

This is a written request to your opponent to supply you with copies of any documents that may be important to the case, or at least the right to inspect the documents and make your own copies. Your opponent has thirty 30 days to respond from the date your request is received. Typically, requests are for:. A deposition is testimony taken out of court of a witness under oath which is used for discovery purposes.

You may take the deposition of your opponent or of a party before the trial. To schedule the deposition of any party in the case, you must send the person a written notice of the date, time and place of the deposition and you must arrange for a court reporter to be present to make an official record of the testimony.

You must follow the same steps for the deposition of a witness, who is not a party to the lawsuit, except that you must serve the witness with a subpoena to appear for the deposition. The Notice of Subpoena must be received by the person to be deposed at least ten 10 days before the scheduled date of the deposition. At the deposition, the court reporter will put the party or witness under oath and you may ask any questions you have about the case.

The purpose of a deposition is to help you prepare for trial by learning what your opponent and your opponent's witnesses will say in court. These are written requests that your opponent may admit or deny the truthfulness of a statement or the genuineness of a document. For example, if you want to learn before trial whether your opponent will agree that he or she has signed a contract, you may send a Request for Admissions that says, "Please admit or deny that the signature on the contract attached is your signature.

If your opponent states that he or she is unable to admit or deny that the signature is theirs, they must explain why they are unable to do so.

Requests for Admissions may also be used to verify or prove the basic facts of the case. For instance, a Request for Admission may say:. If you are served with a discovery request Interrogatories, Request for Production of Documents, or Request for Admissions , you must respond in writing within thirty 30 calendar days of the date you received the request.

If you need additional time to respond or if a deposition is scheduled for a date or time that is impossible for you to attend , you should contact the person requesting the discovery and ask them to agree to a short extension of time or in the case of a deposition, a different date.

The Court expects that the parties will be reasonable and will consult each other to resolve discovery problems before bringing the problem to the attention of a Judge. If the parties are unable to resolve a discovery problem, one of the parties will have to file a motion asking that a Judge decide the issue. A motion is a written application requesting the Court to make a specified order or ruling. The responses to written discovery requests must also be in writing. Each question or request should be answered separately and in the same order as in the request.

A Request for Production of Documents may be answered by providing copies of all of the requested documents in your possession. As with the Complaint and Answer, you must sign your discovery responses and include your address and telephone number. When you answer interrogatories, you must also attach an Affidavit that states that you swear or affirm that your answers are true to the best of your knowledge.

You must sign the Affidavit in the presence of a notary public. If your opponent does not respond to your discovery request, or if the response is incomplete, you must file a Motion to Compel responses for decision by a judge.