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Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 5713

Jury trials

Official textdelcode.delaware.gov

# (a)

In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justice shall appoint 6 impartial persons of the county in which the action was commenced to try the cause. In making such appointments, the justice shall appoint such persons from the jury list being used at time of appointment by the Superior Court in the county where the action was commenced.

# (b)

The jury shall be sworn or affirmed that they will “faithfully and impartially try the cause pending between the said plaintiff and defendant and make a true and just report thereupon according to the evidence” and shall hear the allegations of the parties and their proofs. If either party fails to appear before the jury, they may proceed in that party’s absence. When the jury or any 4 of them agree, they shall make a report under their hands and return the same to the justice who shall give judgment according to the report.

# (c)

If any juror appointed fails to appear or serve throughout the trial the justice may supply a replacement by appointing and qualifying another, but there shall be no trial by jury if the defendant has not appeared.

# (d)

In all other cases, the justice shall hear the case and give judgment according to the right of the matter and the law of the land.

# (e)

A Chief Magistrate shall have the authority to designate courts in each county which can accommodate a jury trial.

Amendment history

70 Del. Laws, c. 513, § 4

Source: view the official text

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In this title (40 sections)
  1. 25-5604 · State Court Administrator powers and duties
  2. 25-5605 · Annual report
  3. 25-5606 · Additional required disclosures
  4. 25-5607 · Implementation
  5. 25-5701 · Jurisdiction and venue
  6. 25-5701A · Establishing territorial jurisdiction
  7. 25-5701B · Civil jurisdiction; bifurcated claims
  8. 25-5702 · Grounds for summary proceeding
  9. 25-5702A · Residential eviction diversion program
  10. 25-5703 · Who may maintain proceeding
  11. 25-5704 · Commencement of action and notice of complaint
  12. 25-5704A · Additional documentation relating to lead-based paint…
  13. 25-5705 · Service and filing of notice
  14. 25-5706 · Manner of service
  15. 25-5707 · Contents of complaint generally
  16. 25-5708 · Additional contents of certain complaints
  17. 25-5709 · Answer
  18. 25-5710 · Trial
  19. 25-5711 · Judgment
  20. 25-5712 · Default judgment
  21. 25-5713 · Jury trials
  22. 25-5714 · Compelling attendance of jurors
  23. 25-5715 · Execution of judgment; writ of possession
  24. 25-5716 · Stay of proceedings by tenant; good faith dispute
  25. 25-5717 · Stay of proceedings on appeal
  26. 25-5718 · Proceedings in forma pauperis
  27. 25-5719 · Landlord regaining possession of residential rental unit upon…
  28. 25-5720 · Shielding of records
  29. 25-5901 · Petition for receivership; grounds, notice and jurisdiction
  30. 25-5902 · Necessary parties defendant
  31. 25-5903 · Defenses
  32. 25-5904 · Stay of judgment by defendant
  33. 25-5905 · Receivership procedures
  34. 25-5906 · Powers and duties of the receiver
  35. 25-5907 · Discharge of the receiver
  36. 25-6101 · Metering and charges for utility services
  37. 25-6102 · Definitions
  38. 25-6103 · Preference of rent in cases of execution
  39. 25-6104 · Confession of judgment
  40. 25-6105 · Taxes paid by tenant; setoff against rent; recovery from owner
Full table of contents →