All costs in proceedings before justices of the peace shall be at the
following rates:
(1) Civil.
a. For receipt, issuance and process of a civil action ............ $30.00
In addition to the above:
For issuance of an alias, pluries or any subsequent writ of process
............ 15.00
Action of replevin ............ 15.00
Attachment in lieu of summons ............ 20.00
Scire facias ............ 10.00
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 ............ 10.00
For preparation of docket entries or full copies of records, duly certified
............ 10.00
b. Landlord/Tenant:
Appeals to 3 judge court ............ 50.00
Service of writ of summary possession ............ 35.00
c. Executions:
Execution process, to include
Prothonotary fee and fieri facias ............ 25.00
Garnishment ............ 25.00
Vendition exponas and costs incident to sale of goods ............ 20.00
d. For issuance and service of civil subpoena ............ 5.00
e. For mailing of subpoena ............ ☺at prevailing mail rate.
(2) For processing all traffic and criminal cases.
a. For issuing, processing and filing a warrant or summons ............ 29.50
b. For processing a voluntary assessment agreement ............ 15.00
c. For conducting a trial or accepting a plea of guilty (including a Robinson
plea) or nolo contendere ............ 5.50
d. For preparation of commitment and detention forms; each
form ............ 2.00
e. For preparation of bail, judgment and appeal bonds; each
bond ............ 2.00
f. For preparing certified transcript of the record ............ 7.00
g. For issuance of a capias ............ 15.00
h. Capias returned by constable ............ 25.00
(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 ............ 3.00
b. For issuing orders with a hearing ............ 15.00
(4) Dishonored checks.
In connection with any Justice of the Peace Court proceeding, for processing a
check dishonored for insufficient funds or closed account ............
30.00. =forme
In addition to the above costs, a security assessment shall be assessed as prescribed in § 8505 of this title.
These rates are absolute. There shall be no refund nor shall there be any additional charges except as otherwise authorized by Delaware law. The fees set forth in this section shall control to the extent they conflict with any other provision of the Delaware Code. (10 Del. C. 1953, § 9801; 55 Del. Laws, c. 20, § 31; 59 Del. Laws, c. 513, § 1; 59 Del. Laws, c. 538, § 1; 60 Del. Laws, c. 298, § 1; 60 Del. Laws, c. 475, § 1; 61 Del. Laws, c. 367, § 4; 62 Del. Laws, c. 278, §§ 1, 2; 66 Del. Laws, c. 81, § 1; 68 Del. Laws, c. 288, § 1; 69 Del. Laws, c. 63, §§ 1, 2; 73 Del. Laws, c. 93, §§ 1, 2; 76 Del. Laws, c. 85, § 2.)
§ 9802. Duties with respect to costs; limitations on fees.
All costs collected shall be for the use of the State unless otherwise specifically provided by statute or rules of the Court. The justice shall tax the costs for each service specified by § 9801 of this title or by the rules of the justice of the peace. No other fee or cost shall be allowed and no mileage shall be allowed unless it is expressly given by statute. In no case shall costs be charged for a service not performed; and every office or person receiving a fee shall, upon demand, give a receipt specifying the item of service represented by said fee. (10 Del. C. 1953, § 9802; 55 Del. Laws, c. 20, § 31.)
§ 9803. Violations and penalty.
(a) Whoever knowingly receives any greater or less fee or cost than is allowed for the services specified, or who refuses to give a receipt or adds any item not specified by statute or rules of the justices of the peace, shall be fined not more than $500.
(b) The Superior Court shall have jurisdiction of offenses under this section. (10 Del. C. 1953, § 9803; 55 Del. Laws, c. 20, § 31.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 214, effective May 1, 2008.
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