Delaware Courts have returned to Phase Two of the reopening plan as of November 16, 2020. Learn more about the public reopening plan.

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Justice of the Peace Court Non-Suit Judgments


Non-Suit Judgments

A non-suit judgment occurs when a plaintiff, after proper notice, fails to appear at the designated trial date and time.

Vacating a Non-Suit Judgment

A plaintiff seeking to vacate a non-suit judgment should explain why he or she failed to appear at the time scheduled. A motion to vacate a non-suit judgment should be filed within the following time:

  • Summary Possession (Landlord/Tenant) Actions - within 10 days of the entry of the non-suit judgment.
  • Debt, Trespass and Replevin Actions - within 15 days of the entry of the non-suit judgment, or if service was made by certified mail, within 30 days.