nuclear optionUnited States · Delaware (Statewide)Difficulty: Hard
Trial De Novo Appeal to Court of Common Pleas
Under 10 Del. C. §9571, civil judgments of the Justice of the Peace Court (including Wilmington PVB collection actions) may be appealed within 15 days to the Court of Common Pleas for trial de novo. The cost of staffing a CCP trial routinely exceeds the fine, leading the City to dismiss rather than appear. Pair with any other defense for maximum effect.
Legal basis
10 Del. C. §9571; Court of Common Pleas Civil Rules
Sample appeal wording
TO: Clerk, Court of Common Pleas, [COUNTY] County, Delaware NOTICE OF APPEAL — TRIAL DE NOVO RE: JP Court Case No. [#] Pursuant to 10 Del. C. §9571, [NAME] hereby appeals the JP Court judgment entered [DATE] in the above-referenced case and requests trial de novo in the Court of Common Pleas. Filing fee paid / fee waiver requested. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- 10 Del. C. §9571
- Court of Common Pleas Rules