SENATE BILL NO. 481
AN ACT TO AMEND CHAPTER 57, TITLE 25, DELAWARE CODE RELATING TO JURY TRIALS IN JUSTICE OF THE PEACE COURTS.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. AMEND Chapter 57, Title 25,Delaware Code by striking Section 5713 thereof in its entirety and by substituting in lieu thereof two new sections to read as follows:
"§5713. Jury Trials.
(a) In any civil action commenced pursuant to this Chapter the plaintiff may demand a trial by jury at the time the action• is commenced, and the defendant may demand a trial by jury within five days after being served. Upon receiving a timely demand, the justice shall appoint six impartial persons of the county in which the action was commenced to try the cause. In making such appointments, the justice shall appoint such persons from the jury list being used at time of appointment by the Superior Court in the county where the action was commenced.
(b) The jury shall be sworn or affirmed that they will "faithfully and impartially try the cause pending between the said plaintiff and defendant and make a true and just report thereupon according to the evidence" and shall hear the allegations of the parties and their proofs. If either party fails to appear before the jury, they may proceed in his absence. When the jury or any four (4) of them agree, they shall make a report under their hands and return the same to the justice who shall give judgment according to the report.
(c) If any jury appointed fails to appear or serve throughout the trial the justice may supply his place by appointing and qualifying another, but there shall be no trial by jury if the defendant has not appeared.
(d) If all other cases the justice shall hear the case and give judgment according to the right of the matter and the law of the land.
§5714. Compelling Attendance of Jurors.
(a) In a proceeding under this subchapter, the justice may require the attendance of the jurors he appoints and may issue a summons under hand and seal to a constable for summoning them to appear before him.
() If any juror duly summoned to appear as required, or to be qualified and serve throughout the trials he shall, unless he shows to the justice a sufficient excuse, be guilty of contempt, and shall be fined $50 which shall be levied with costs by distress and sale of the juror's goods and chattels by virtue of a warrant by the justice.
() The warrant shall be directed to a constable in the following manner. ' County, ss. The State of Delaware.
To any constable, greeting:
WHEREAS, of has been adjudged by , one of our justices of the peace, to be guilty of a contempt in making default after due summons as a juror in a case pending before said justice and has been ordered to pay a fine of $50 in pursuance of the Act of Assembly in such case provided and
WHEREAS, the said has neglected to pay the said sum, we therefore command you to levy the said
sum of $50 with costs and your costs hereon by distress and sale of the goods and chattels of the said upon due notice given as upon other execution process.
Witness the hand and seal of the said justice the day of 19
Section 2. FURTHER AMEND Chapter 57, Title 25, Delaware Code by renumbering all sections in accordance with this Act.
Approved July 11, 1975