TITLE 10

Courts and Judicial Procedure

Justices of the Peace

CHAPTER 95. PROCEDURE

Subchapter I. General Provisions


(a) A Justice of the Peace Court may issue all writs, warrants and process proper to carry into effect the powers granted to the justice of the peace.

(b) When no form of writ, warrant or process is prescribed by statute, the court shall frame one in conformity with the law, in substance; and, when substantially right, such process shall not be invalid for any defect in form.

(c) All sheriffs, deputy sheriffs, coroners, constables and persons specially authorized by the Chief Magistrate or the Chief Magistrate's designee shall duly serve all legal writs, warrants and process to them directed by any Justice of the Peace Court.

Code 1852, § 2004; Code 1915, § 3951; Code 1935, § 4451; 10 Del. C. 1953, § 9501; 69 Del. Laws, c. 429, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 232, § 2.;

A Justice of the Peace Court may issue summons for witnesses in all cases pending before the Court, and in all civil cases pending before any magistrates, referees, arbitrators, or other persons authorized to examine witnesses.

Code 1852, § 2007; Code 1915, § 3953; Code 1935, § 4453; 10 Del. C. 1953, § 9502; 69 Del. Laws, c. 429, § 2.;

A justice of the peace may administer oaths in all cases where an oath is required by law.

Code 1852, § 2008; Code 1915, § 3954; Code 1935, § 4454; 10 Del. C. 1953, § 9503.;

A justice of the peace may adjourn cases on trial before him or her, taking security for the appearance of the party complained against.

Code 1852, § 2006; Code 1915, § 3952; Code 1935, § 4452; 10 Del. C. 1953, § 9504; 70 Del. Laws, c. 186, § 1.;

After entering judgment in all civil and criminal cases, the Justice of the Peace Courts shall immediately advise the party litigants in civil cases and defendants in criminal cases of their right to take an appeal from the decision of the justice of the peace and shall inform all party litigants and defendants of the time and manner in which the appeal shall be taken. The records of the justice of the peace shall contain an entry indicating the information given by the justice of the peace.

41 Del. Laws, c. 208; 10 Del. C. 1953, § 9505; 69 Del. Laws, c. 429, § 3.;

A justice of the peace shall have the power to punish by fine not exceeding $100, or by imprisonment not exceeding 170 days, any disobedience or resistance to his or her lawful writ, process, order or rule.

Any disobedience or resistance to the lawful writ, process, order or rule of a justice of the peace shall be punished as a civil contempt only, and any person imprisoned for such disobedience or resistance shall be discharged from such imprisonment upon satisfying the justice that he or she has obeyed the writ, process, order or rule, or is prepared to do so.

10 Del. C. 1953, § 9506; 57 Del. Laws, c. 511; 70 Del. Laws, c. 186, § 1.;