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.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
