Delaware’s Justice of the Peace Court cannot issue a forthwith summons, a trial occurring roughly one day after a complaint is filed, in rent disputes unless a landlord produces evidence of immediate harm, the Delaware Supreme Court has ruled. The Supreme Court’s decision ordered a new trial for a couple who lost an eviction hearing less than 24 hours after they received the complaint.
The Delaware Supreme Court also held the Superior Court was wrong to deny the appellants’ writ of certiorari, ruling the Superior Court should grant certiorari if a lower court is found to have “proceeded irregularly.”
