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← Delaware Justice of Peace Civil Rules

Part 1 — General

1 Scope of Rules
2 One form of action
3 Commencement of action
4 Process D
5 Service and filing of pleadings and other papers D
6 Time
7 Pleadings allowed; motions
8 General rules of pleading
10 Form of pleadings, motions and other papers
11 Signing of pleadings, motions, and other papers: representations to Court, sanctions D
12 Defenses D
13 Counterclaims and cross-claims D
14 Third-party practice D
15 Amended and supplemental pleadings
16 Pretrial conferences
17 Parties plaintiff and defendant; capacity
18 Joinder of claims and remedies
19 Joinder of persons needed for just adjudication
20 Permissive joinder of parties
21 Misjoinder and nonjoinder of parties
22 Interpleaders
24 Intervention
25 Substitution of parties D
26 Bill of particulars D
27 Other permitted discovery
37 Failure to make discovery: sanctions
38 Jury trial of right D
39 Trial by jury or by the Court
40 Assignment of judges
41 Dismissal of actions D
42 Consolidation; separate trials
42.1 Opening statements
43 Taking of testimony; conferences during trial
44 Proof of official records
44.1 Determination of foreign law
45 Subpoena D
46 Objections in jury trials
47 Jurors and jury trials D
48 Majority verdict
50 Judgment as a matter of law in actions tried by jury
54 Judgment; costs
55 Default judgments
58 Entry of judgment
58A Transfer of judgment to Superior Court
59 New trials and rearguments D
60 Relief from judgment or order D
61 Harmless error
62 Stays by trial court and on appeal D
63 Inability of a judge to proceed; disqualification
64 Seizure of persons or property
64.1 Orders in rules to show cause
65 Injunction
65.1 Security; proceedings against sureties
68 Offer of judgment
69 Execution D
70 Petitions for title to abandoned property D
72 Appeals to the Court of Common Pleas
72.1 Appeals in summary possession cases
77 Justice of the Peace Court; clerks; records and exhibits, fees D
79 Dockets
79.1 Electronic filing D
85 Title
86 Effective date
89 Appointment of counsel for State officers and employees
90 Attorneys
90.1 Admission pro hac vice D
91 Artificial entity and public body representation
106 Attorneys and other court officers as bondsmen
107 Court seals
108 Education requirements for Justices of the Peace D
109 Authority of the Chief Magistrate
110 Deputy chief magistrates
111 Facsimile transmission D
112 Proceedings in forma pauperis D

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Justice of Peace Civil Rules

Chapter 1 · General

Rule 85. Title

Amended 2025 (current)

These rules may be known and cited as the Justice of the Peace Court Rules of Civil Procedure.

Source: Del. J.P. Ct. Civ. R. 85 (pdf p. 33)

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