CHAPTER 81

FORMERLY

HOUSE BILL NO. 309

AN ACT TO AMEND SECTION 9801, CHAPTER 98 TITLE 10 OF THE DELAWARE CODE RELATING TO JUSTICE OF THE PEACE COURT COSTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE Of DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Section 9801, Chapter 98, Title 10 of the Delaware Code, by striking the said Section in its entirety and substituting, in lieu thereof, a new Section 9801 to read as follows:

19801. Rates.

All costs in proceedings before Justices of the Peace shall be at the following rates:

1. Civil

a. For receipt, issuance and process of civil action $24.
In addition to the above:

For issuance of an a aliad, pluries or any subsequent writ of

process $15.

Action of replevin $15.

Attachment in lieu of summons $20.

Scire facias $10.

Hearings for relief from judgment or order under J.P.Ct.Civ.R. 20,

or to vacate a default judgment or a non-suit judgment $10.
For preparation of docket entires or full copies of records,

duly certified $7.

b. Landlord/tenant appeals to 3 judge court $30.

c. Executions:

Execution process, to incude Prothonotary fee and fieri facias $25.

Garnishment $25.

Vendition exponas and costs incident to sale of goods $20.

d. For issuance of civil subpoena $2.

e. For mailing of subpoena . at prevailing mail rate.

2. Eor Processing all Traffic and Criminal Cases.

a. For issuing, processing and filing a warrant or summons $11.50

b. For processing a voluntary assessment agreement $8.50

c. For conducting a trial or accepting a plea of guilty (including a Robinson plea) or polo contendere $3.50

d. For preparation of commitment and detention forms; each form $2.

e. For preparation of bail, judgment and appeal bonds, each bond $2.

f. For preparing certified transcript of the record $7.

g. For issuance of a capias $10.

h. Capias returned by constable $10.

3. for Processing Applications for Authorization to Sell Motor Vehicles Under Chapter 39 of Title 25. Chapter 44 of Title 21 and Chapter 69 of Title 21.

a. For issuing orders without necessity of a hearing $3.

b. For issuing orders with a hearing $15.

4. Dishonored Checks,

a. In connection with any Justice of the Peace Court proceeding, for processing a check dishonored for insufficient funds or

closed account $30.

These rates are absolute. There shall be no refund nor shall there be any

additional charges except as otherwise authorized by Delaware law."

Approved July 2, 1987.