CHAPTER 334

FORMERLY

SENATE BILL NO. 318

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JURISDICTION AND VENUE OF THE JUSTICE OF THE PEACE COURT

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 93 of Title 10 of the Delaware Code by deleting the existing chapter in its entirety and replacing it with the following:

"CHAPTER 93. JURISDICTION AND VENUE.

§ 9301. Civil Jurisdiction; Amount in Controversy.

Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following:

(a) Common law actions in contract, express or implied, and common law actions in tort for damage, destruction or taking of personal property (including replevin); for injury to real property; and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought, does not exceed $15,000. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction, if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $15,000.

(b) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance, authorized by statute when the matter in demand does not exceed $15,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $15,000.

(c) Summary Possession actions as provided in Chapter 57 of Title 25.

(d) Distress for Rent actions as provided in Chapter 63 of Title 25.

(e) Truancy actions as provided in Chapter 27 of Title 14. Except as otherwise provided in Chapter 27 of Title 14, the Justice of the Peace Court shall have original exclusive jurisdiction of such actions.

(f) Any other civil jurisdiction provided by law.

§ 9302. Venue of the Justice of the Peace Court.

The jurisdiction of the Court shall extend throughout the State. Process may be issued out of each county and into each county."

Approved June 30, 2002