JUSTICE OF THE PEACE COURT Civil Case Frequently Asked Questions

04-01-2020

Justice of the Peace Court has issued Civil Case Frequently Asked Questions

https://courts.delaware.gov/aoc/covid-19

JUSTICE OF THE PEACE COURT Civil Case 
Frequently Asked Questions 

Emergency Forthwith Landlord/Tenant Filings – COVID-19
At this time, the Court is only accepting Emergency Forthwith Filings where irreparable harm can be demonstrated, under 25 Del .C. §5115. The Court’s limited resources are reserved for emergencies only.
The requirements to file a Forthwith Landlord/Tenant action are:

• CF01 – Complaint Form (Landlords must attach a copy of the notice sent to the tenant with the filing)
  
• CF01FS – Forthwith Request (must demonstrate irreparable harm)
  
• $45.00 Filing Fee
  Payment Options – The Court is only accepting payment via Credit Card. Filings must have:
  
  • Misc29 - Credit Card Payment Authorization Form; or
    
  • CF49 – Application and affidavit to proceed In Forma Pauperis & CF49A – Affidavit of Good Cause
    

a. Fee waiver request if Plaintiff cannot afford $45.00 filing fee
Ways to submit filing:
• E-Flex
o If you are interested in acquiring an e-filing account, please visit
https://courts.delaware.gov/efiling/ to review the requirements for becoming an eFlex eFiler

• In person at Court 3, Court 7, or Court 11
  o Note:thesefilingswillbeacceptedbetween8:00a.m.-4:00p.m.,onMonday-Friday.
  
• Email to:
   JPCourt13@delaware.gov
   JPCourt16@delaware.gov  JPCourt 17@delaware.gov
  ALL FORTHWITH REQUESTS SHALL BE CONSIDERED IN CASES WHERE IRREPARABLE HARM IS FOUND.
  

Other Frequently Asked Questions:
Question: My case was scheduled between 3/15 - 4/16, when will it be rescheduled?
Answer: When the Court reopens, your case will be rescheduled as soon as possible and notice shall be sent by Eflex or mail. If you have not received notification of your new trial date within 2 weeks of the Court reopening, please call.
Question: I am out of work and cannot pay my rent. What will happen to me?

Answer:

This is a legal question. The Court cannot provide legal advice. You can explore applying for unemployment or other federal aid. Federal aid packages are being offered to people in this situation. Evictions are STAYED until May 15. NO EVICTION will take place prior to May 15 AND then, only if a judgment was entered and possession was awarded. Your landlord needs to file and a trial must be held before filing for eviction. Trials will not take place until we reopen. For further questions regarding legal rights, litigants should seek legal assistance. (i.e. legal aid – CLASI)

Question: I have a judgment where I was awarded possession and I want my tenant out.
Answer: All evictions are STAYED through May 15. The Court will then process filings in the order received. Every effort will be made to complete the Writs of Possession as soon as possible.
Question: I was awarded possession before the Court closed but my 30 days to file the writ has expired, what now?
Answer: The Court is extending timelines that have or will expire. The Chief Justice's order extends timelines to file until 4/21/20, if they expired during the closure period. Changes to this information will be available to the public through the Court's website or can be provided when the Court reopens.
Question: Can I file my case now?
Answer: If paper filed, the Court is only accepting Emergency Forthwith LLT filings. If E- filed, the Court is accepting all other filings, with the exception of new LLT filings. New LLT filings can be E-filed, but will not be reviewed/accepted by court staff until the Court reopens.
Question: I was sent an order requiring me to file something (i.e. BOPs) with the Court during the time the Court was closed. What do I do?
Answer: The Court is extending timelines that have or will expire. The Chief Justice's order extends timelines to file until 4/21/20, if they expired during the closure period. This information is available to the public through the Court's website or can be provided when the Court reopens.

Info from DE Courts on Fines & Fees etc. - 5th Update To STANDING ORDER Delaware Courts

Updated 30 March 2020  

4. Suspension of Moratorium Courts Late Payment Fines: Email fromEvelyn Nestlerode 3.26.20
 

While payments can still be made online, the Courts have 

- suspended the active collection of payment for fees and fines, 

- including the suspension of capias returns for failure to pay during the Judicial Emergency.   

- File and payment centers are closed.  

- No new capiases are being issued for failure to pay at this time, and 

- JP Court indicated that persons with existing capiases may contact the court for those capiases to be cleared. 

- DELJIS made programmatic changes late last week to suspend late notices and late fees for Voluntary Assessment Center obligations during the Judicial Emergency. 

- I do not believe there are any other late fees.

I will let you know if I learn of any updates on this.  Please let us know if you hear of any issues or have any further questions.  Thank you again!

Evelyn Nestlerode

Deputy State Court Administrator, Fiscal Policy

Administrative Office of the Courts

The Renaissance Centre

405 N. King Street, Suite 507

Wilmington, DE  19801

Phone:  302-255-0465

Email:  evelyn.nestlerode@delaware.gov

--------------

 

Date: Thu, Mar 26, 2020 at 4:15 PM

Dear Ms. Lantz,

Thank you for reaching out.  

 

The Delaware State Courts in consultation with the Department of Justice and the Office of Defense Services and other justice partners stopped issuing capiases for failure to pay approximately ten days ago.  

 

We also have ceased all collection efforts during the course of this emergency.  

 

We understand the impact this virus is having across our society and are sensitive to its particularly deleterious effects on low income families in Delaware.

We greatly appreciate your advocacy on behalf of the citizens of Delaware.

Best personal regards,

Gayle P. Lafferty, Esquire

State Court Administrator

State of Delaware

Administrative Office of the Courts

405 N. King St., Ste. 507

Wilmington, DE 19801

302-255-0088

 

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 The Delaware State Bar Association NEWS & LINKS

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STANDING ORDER No. 5

CONCERNING COVID-19 PRECAUTIONARY MEASURES 

WHEREAS, on March 9, 2020, the Superior Court entered a Standing Order Concerning COVID-19 Precautionary Measures (“Standing Order No. 1”) in the interest of protecting jurors, parties, witnesses, lawyers, judges and court staff;

WHEREAS, the Delaware Supreme Court entered an Order Declaring a Judicial Emergency, effective 8:00 a.m. on Monday, March 16, 2020 (the “Judicial Emergency Order”), which provides the trial courts with the discretion to continue criminal and civil trials for a period of 30 days, and to utilize audiovisual devices to conduct proceedings, in order to limit the number of people gathering in public court buildings;

WHEREAS, the Delaware Supreme Court, on March 22, 2020, issued Administrative Order No. 3, closing all public courthouses in the State until April 15, 2020 and implementing certain other measures in response to the public health threat posed by COVID-19; 

WHEREAS, the Superior Court has reviewed its practices and procedures in accord with Supreme Court’s Administrative Order No. 3 and have issued Standing Orders 2, 3 and 4 advising the members of the Delaware Bar, litigants and the public who have matters before the Superior Court in the coming months of updated operational protocols to handle essential matters; 

WHEREAS, the federal government and the Governor of the State of Delaware have issued mandates to limit the amount of person-to-person contact and guidance as to social distancing in order to mitigate the spread of the COVID- 19 virus; 

NOW, THEREFORE, in order to further public health and safety, comply with the states of emergency, and to provide additional guidance to counsel and litigants, IT IS 

HEREBY ORDERED that this Standing Order No. 5 is issued to modify Standing Order No. 2 as to case reviews and to supplement Standing Orders Nos. 1, 3 and 4 and is effective 12:00 p.m. on Friday April 3, 2020, subject to further review: 

All Grand Jury proceedings, Criminal Case Reviews, Suppression hearings, Criminal motions that do not relate to a change in the custody status of the defendant, the filing of and responses to Rule 61 motions, sentencing (unless the parties represent to the Court that it may affect the custody status of the defendant), and criminal trials are suspended and stayed until April 15, 2020, subject to further review.

President Judge Jan R. Jurden

TOMORROW 4 April 2020: Governor Carney to Hold Press Briefing on Coronavirus Disease (COVID-19)

Hello Civic Association Leaders,

I hope you are staying safe during this time. Please feel free to reach out to Rep. Mitchell's office via email or phone at any time during this Pandemic.

I will be working remotely until further notice, and am still adjusting so I appreciate your patience during this time. 

I wanted to share with you information regarding a Livestream Briefing of COVID-19 where the Governor, Director of the Delaware Division of Public Health and the Director of Delaware Emergency Management Agency will be answering question from the public and providing the most up to date resources and information.

The briefing will be livestreamed here. (https://livestream.com/accounts/4090843/events/9069676)

WHAT:          Press briefing on Delaware’s COVID-19 response.

WHO:             Governor John Carney

                        Dr. Karyl Rattay, Director, Delaware Division of Public Health

            A.J. Schall, Director, Delaware Emergency Management Agency

During this time Rep. Mitchell's priority is sharing the most up to date information and resources throughout this time, and I again thank you for your patience, as we are adjusting to new routines and an abundance of shifting information. 

You may also gather information on Rep. Mitchell Facebook Page by clicking here. 

Stay safe everyone,

Jules Emory

Legislative Aide to Representative J.  Larry Mitchell

Legislative Aide to Representative David Bentz

Wilmington: (302) 577-8473

Dover: (302) 744-4022

Troopers Offer Information on Covid-19 Travel Restrictions - FAQ - Stay at Home Order

 

Troopers Offer Information on Covid-19 Travel Restrictions 2 April

 

Master Corporal Michael Austin , Delaware State Police

As the Covid-19 pandemic continues to progress, the amount of information associated with it seems to be ever-changing, sometimes causing more confusion than clarity. 

With this in mind, the Delaware State Police are providing the following information to both Delaware residents and non-residents alike, to specifically address travel related restrictions set forth in Governor Carney’s State of Emergency Declaration. 

While certain restrictions outlined in the declaration do have arrest consequences associated with them, the primary intent and goal of the Delaware State Police is to uphold their sworn duties by providing information to the public that we serve, in order to gain voluntary compliance with the mandates, and to promote and further ensure public safety and health. 

The seventh modification of the Governor’s State of Emergency Declaration specifically addresses the requirement for out-of-state persons traveling in to the State of Delaware to self-quarantine for 14 days. This order authorizes any Delaware law enforcement officer to stop a vehicle driving within the state simply because it is displaying out-of-state tags. 

During the stop the officer may ask limited questions related to the driver’s recent travel. The driver then must be informed of the Governor’s declarations and will be explicitly advised that if they are coming into Delaware from out-of-state, they are required by law to self-quarantine for 14 days while in Delaware, or immediately return to their home state. This authorization does not apply to vehicles traveling on I-95, I-295, or I-495. 

Troopers will be conducting directed patrols on non-interstate roadways which have been identified as having a large volume of out of state travelers, in an effort to enforce the Governor’s declaration. Again the intent of this order and the purpose of the stop is to achieve voluntary compliance. These stops are intended to serve the public welfare. Now is not the time to visit Delaware. 

As a State and a nation, we are facing a serious situation that is getting worse each day. Our goal is to limit a surge in COVID-19 cases that would overwhelm our hospital system. Per the order, we must control and prevent the spread of COVID-19 in our Delaware communities coming in from other states. We’ll get through this – but everyone needs to pitch in. Contained within this modification there are limited exceptions that allow for out-of-state persons and vehicles to enter Delaware without being required to self-quarantine, including: 

• Motorists may pass through Delaware en-route to other states.

 • Motorists may leave their home state (PA, NJ, MD, etc.) to work for a Delaware designated essential business, to care for a family member in Delaware, or for healthcare reasons (pharmacy, going to vet, visiting PCP) in Delaware. 

• Out-of-state employees who work for an essential business in Delaware but who could otherwise do their work from home should remain home. 

• The Delaware Department of Justice and Delaware law enforcement agencies are empowered to respond, inspect and react accordingly. Out-of-state visitors who fail to self-quarantine could face criminal charges. Please click on the following link to view 

FAQ’s regarding the Governor’s Stay at Home Order: 

https://attorneygeneral.delaware.gov/public/covid-19-faqs-delawares-stay-at-home-orders/ 

For detailed information regarding the Covid-19 Pandemic to include specific details regarding the Out of State Traveler log on to: https://de.gov/coronavirus 

The Delaware State Police will continue to carry out their duties as they always have, by enforcing the laws of the State of Delaware in an appropriate, compassionate, professional and just manner, with the focus in this specific instance being on gaining informed, voluntary compliance, in the interest of public health and safety.

Meals On Wheels Delaware- (866)408-1899

Meals On Wheels Delaware (MOWD)

https://mealsonwheelsde.org

(866)408-1899

Delaware Department of Health and Human Services Covid-19 information.

24-Hour Helpline for Senior Services at Delaware’s Aging and Disability Resource Center

Meals On Wheels Delaware (MOWD) provides financial resources to meal-delivery programs statewide that offer nutritious meals, independence and a personal connection to homebound seniors. We support these efforts through volunteer opportunities for individuals, groups and businesses, as well as fun, engaging and inspirational events intended to raise awareness and funds to provide the support and resources needed to alleviate hunger and loneliness for homebound seniors.

• In collaboration with meal-delivery programs throughout the state, MOWD strives to ensure the uninterrupted delivery of hot, nutritious meals.
• More than 1,000 individuals volunteered their time to hand-deliver a meal to a waiting senior in 2018. Another 150 individuals volunteered their time in support of fundraising for the programs.
• MOWD raises funds through generous contributions from large and small companies, public and private businesses, and both for-profit and nonprofit organizations, as well as directly from the general public.
• MOWD supports five meal-delivery programs/locations statewide: CHEER, City Fare, Meals On Wheels Lewes-Rehoboth, the Modern Maturity Center and the Newark Senior Center.
• In 2018, close to 700,000 meals were delivered statewide to over 4,600 seniors.

NEW CASTLE COUNTY POLICE HAVE LOCATED A MAGIC BUTTON THAT WHEN UTILISED WILL CUT DOWN A HIGH PERSENTAGE OF THEFTS OF MOTOR VEHICLES

NEW CASTLE COUNTY POLICE HAVE LOCATED 

A MAGIC BUTTON THAT WHEN UTILISED 

WILL CUT DOWN A HIGH PERSENTAGE 

OF THEFTS OF MOTOR VEHICLES

(New Castle DE 19720) Over the past week, we have noticed an increase in reports of theft from motor vehicles and thefts of motor vehicles. 

We would like to remind our community to please lock your doors. 

Unfortunately, in this day and age, we must pay particular attention to our surroundings which includes locking our doors. 

Most, if not all of these theft reports stem from unlocked car doors. Also, remove all valuables from your motor vehicles. 

This includes your garage door opener!

NCC Woodland Run Park Condition Map - Updated 2 April 2020