How long does it take to get a motion hearing?

The timeframe for obtaining a motion hearing after submitting your Delaware Application for a motion hearing can vary. Generally, you might wait a few weeks for the court to schedule your hearing, depending on the court's docket and the nature of your motion. It's important to stay informed on your case's status by maintaining communication with the court. Additionally, utilizing tools from USLegalForms can help streamline your preparation and keep you updated on your hearing schedule.

What is Rule 59 Delaware?

Rule 59 in Delaware governs the process for motions for a new trial or to alter or amend a judgment. This rule allows parties to request a reconsideration of the court's decision based on specific grounds. When preparing your Delaware Application for a motion hearing, understanding Rule 59 is crucial if you are seeking to challenge a judgment.

US Legal Forms
Delaware Application for a motion hearing

Delaware Application for a motion hearing

Category:

Civil Procedure - Statewide - Small Claims

State:

Delaware

Control #:

DE-035-SC

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Application for a Motion Hearing, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. DE-035-SC

Order For Service of Summons By Publication

View this form

Decree of Emancipation

View this form

Notice of Hearing

View this form

Petition To Withdraw Paternity Acknowledgment Or Denial of Paternity

View this form

Declaration For Service of Summons By Publication

View this form

Press Release for New Services

View this form

Ohio Power of Attorney Forms Package

View this form

Factoring Agreement

View this form

Checklist Regarding Matters that must be D...

View this form

Effect of Intentional Destruction or Suppr...

View this form

Click-Wrap Software License Agreement

View this form

Employment Application and Job Offer Packa...

View this form

Waiver and Release From Liability For Mino...

View this form

Notice to Debt Collector - Use of False Th...

View this form

Complaint for Employment Discrimination

View this form

How to fill out Delaware Application For A Motion Hearing?

The greater the documentation you must assemble - the more anxious you become.

You can discover countless Delaware Application for a Motion Hearing forms online, however, you’re unsure which ones to rely on.

Eliminate the hassle to simplify acquiring samples using US Legal Forms. Obtain professionally crafted documents that are designed to meet state requirements.

Input the requested information to create your profile and settle your order using your PayPal or credit card. Select a preferred document type and obtain your example. Access every template you have in the My documents section. Simply navigate there to fill in a new copy of your Delaware Application for a Motion Hearing. Even when arranging properly crafted forms, it’s still crucial to consider asking a local attorney to verify the completed template to ensure that your document is accurately filled out. Achieve more for less with US Legal Forms!

If you already possess a US Legal Forms subscription, sign in to your account, and you will find the Download button on the page for the Delaware Application for a Motion Hearing.
If you haven’t utilized our platform in the past, complete the enrollment process by following these steps.
Confirm if the Delaware Application for a Motion Hearing is acceptable in your jurisdiction.
Verify your choice by reviewing the description or using the Preview feature if it's available for the selected document.
Click on Buy Now to initiate the registration process and select a pricing plan that suits your needs.

Form popularity

FAQ

When preparing for a motion hearing, it is important to bring several essential documents to ensure a smooth process. First, you should have your completed Delaware Application for a motion hearing, along with any supporting documents that detail your case. Additionally, bring copies of evidence you intend to present and any accompanying affidavits. Finally, make sure to bring a notebook and pen to take notes during the proceedings, as this will help you keep track of important information and instructions provided by the judge.

The timeframe for obtaining a motion hearing after submitting your Delaware Application for a motion hearing can vary. Generally, you might wait a few weeks for the court to schedule your hearing, depending on the court's docket and the nature of your motion. It's important to stay informed on your case's status by maintaining communication with the court. Additionally, utilizing tools from USLegalForms can help streamline your preparation and keep you updated on your hearing schedule.

To apply for a motion in Delaware, you need to complete the appropriate forms specific to your case. Begin by gathering all necessary documents, ensuring that you follow any guidance provided by the Delaware court system. Once you fill out the required forms, submit your Delaware Application for a motion hearing to the relevant court. You may also seek assistance from resources like USLegalForms, which can help you navigate the application process effortlessly.

Rule 59 in Delaware governs the process for motions for a new trial or to alter or amend a judgment. This rule allows parties to request a reconsideration of the court's decision based on specific grounds. When preparing your Delaware Application for a motion hearing, understanding Rule 59 is crucial if you are seeking to challenge a judgment.

Filling out a motion for dismissal requires stating your reasons clearly and referencing relevant laws. You must also include any supporting evidence and complete all required sections of the form. Using resources from uslegalforms can simplify the preparation of a comprehensive Delaware Application for a motion hearing, ensuring your motion is well-structured and persuasive.

To request a motion in court, you typically need to prepare a written motion detailing your request and the legal basis for it. You then present this motion during a scheduled hearing or file it with the court clerk. Tools like uslegalforms can help streamline this process, guiding you through your Delaware Application for a motion hearing.

To file a motion hearing in Delaware, you start by drafting a motion document outlining your request clearly. Then, submit it to the appropriate court, often along with any required fees and supporting attachments. By using platforms like uslegalforms, you can ensure that your Delaware Application for a motion hearing meets all necessary legal standards.

The Delaware retirement income exclusion allows individuals over a certain age to exclude a portion of their retirement income from state taxes. This exclusion can impact your financial planning and possibly affect any legal matters involving your finances. When filing a Delaware Application for a motion hearing, understanding this exclusion might prove beneficial in your case.

Rule 56 in Delaware allows parties to request a summary judgment. It is important for resolving cases efficiently when the facts are not in dispute. When you file a Delaware Application for a motion hearing, incorporating Rule 56 can streamline your case and expedite the judicial process.

In Delaware, the statute of limitations on most unsecured debts is three years. This means creditors have three years to take legal action to collect a debt. Knowing this can be an essential part of preparing your Delaware Application for a motion hearing, especially if you wish to contest a claim.

Trusted and secure by over 3 million people of the world’s leading companies

Application for a motion hearing

Note: This summary is not intended to be an all-inclusive discussion of the law and procedures of small claims in Delaware, but it does contain basic and other information. This summary only discusses civil claims (property and money claims that may be filed in small claims court). Criminal charges are not discussed.

Definition - Small claims courts, also sometimes called "Peoples Court", is a court of limited jurisdiction. Limited jurisdiction means only certain matters may be filed and heard by the small claims court. There is also a maximum claim amount limitation. Small claims court offer a quick, informal and inexpensive way of resolving many types of disputes you may have with particular individuals or companies.

Maximum Amount of Claim Small Claims Court may hear in Delaware: $15,000.00

Which Court hears small claims in Delaware? Justice of the Peace Courts are authorized to hear claims which do not exceed $15,000.00

Who hears the claims in small claims court? The claim will be heard by a magistrate.

Claims over which the Small Claims Court has Jurisdiction:
The small claims court in Delaware may hear any of the following claims if the amount in controversy does not exceed $15,000.00:

1. money debts
2. trespass actions
3. replevin actions
4. Landlord/tenant actions
5. The above list is not exhaustive but does contain most of the common claims. The following claims MAY NOT be filed in small claims court: libel, slander, professional malpractice, assigned claims, punitive damages.

Who may file a claim in small claims court? An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (or LLC) in small claims court if jurisdiction exists to hear the claim and the amount of the claim or property involved does not exceed $15,000.00.

Must you be represented by an attorney? An individual may appear in the Justice of the Peace Court without an attorney. However, if you are unfamiliar with the legal issues and procedures in your case, you may want to consider consulting with a lawyer. If you are a corporation or other artificial entity or a public body, you may only appear in a Justice of the Peace Court without a lawyer if you file a Certificate of Representation (Civil Form 50) with the Chief Magistrate. and comply with the other provisions of Supreme Court Rule 57. This Certificate must be filed prior to filing your complaint or answer. The Certificate of Representation must be renewed annually. There is a $10.00 annual registration fee.

Things to do before you File a Claim: Get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a Corporation or Limited Liability Company you would use the legal corporate or LLC name as the defendant. If the defendant is a Corporation or LLC, you may need to contact the secretary of state in your state and obtain the proper name and address to serve with a copy of the suit. This person is called a registered agent and is designated by the corporation to receive process or summons when the corporation is sued. Be sure to also contact the small claims court to determine the filing fee for filing the claim.

How to File the Claim: Determine the type and amount of the claim. Obtain the correct name and address for the defendant. Determine whether anyone other than the defendant needs to be named for service. Obtain a complaint form, provide the appropriate information on the form, and return it to the court clerk.

Who serves the Defendant with summons or process and how is the defendant served: After the plaintiff has filled out the complaint form, the court will attempt to serve the defendant unless the defendant tells the court that he or she wishes to hire a special process server. If the plaintiff is suing an out of state resident, the court will not automatically attempt to serve the defendant.

Return of Summons: If the court is unable to serve the complaint, the plaintiff will receive a Notice of Failure to Serve Complaint which will list the reason the court was unable to serve the papers.

If you are the Defendant, what should you do after being served with a Complaint? When you receive the complaint, you will also receive a summons which will direct you as to the next step which you need to take to avoid a default judgment. If the complaint alleges a debt and/or a trespass action, you must file an answer. If the action is a debt, or trespass action the summons will direct you to complete and return an answer (the answer is J.P. Civ. Form 7 which is enclosed with the complaint and summons) within 15 days of your receipt of the summons. In the answer (J.P. Civ. Form 7) you must check one of the following three choices:

a. You admit that you owe the debt or claim and do not want a trial. If you check this, you are agreeing to the Court entering a judgment against you for the amount claimed plus interest and costs. After the Court receives your answer, the Court will send you a judgment which states the amount which you owe. Any money owed should be paid directly to the plaintiff, not to the Court. If you pay the plaintiff the amount claimed, you should be aware that the plaintiff is required to notify the Court within 90 days that the judgment has been satisfied. If the plaintiff does not do so, you may ask the Court for an award of up to one-half the amount of the judgment.

b. You indicate that you want a trial.

c. In a debt action only, you may also indicate that you want the plaintiff to provide you with a more detailed statement of the claim (this is called a Bill of Particulars). The demand shall be filed in the Justice of the Peace Court from which the complaint was served.

If the complaint is for a replevin and/or summary possession action, a time and date for trial will be set and no answer is required to be sent to the Court prior to the trial. However in a summary possession action only, you may demand a jury trial by notifying the court in writing within 10 days of being served.

FOR ALL TYPES OF ACTIONS, REMEMBER:

You must appear at the time and date set for trial or a default judgment may be entered against you.

You may file a counterclaim if you believe that the Plaintiff owes you money. In some cases, you must file any claim you have against the Plaintiff as a counterclaim or lose it.

You may file a third party action against a party other than the Plaintiff who may be liable for all or part of the damages that the Plaintiff seeks.

Removal to another Court: The claim may be moved to another court if the amount in controversy exceeds the statutory limits for small claims which are filed in Delaware.

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Subpoena of Witnesses: If witnesses are required but unwilling to voluntarily attend unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing and testify. Some employers may require that an employee be subpoenaed in order to be excused from work.

Trial Procedures: The trial procedure is generally informal than other courts although the formality will vary from county to county and judge to judge. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed.

What happens if the defendant does not appear at trial? Usually, if the defendant does not appear at trial, a default judgment will be entered in your favor for the amount of the claim or other relief.

Judgment: If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal: After judgment is entered, an appeal must be filed within 15 days. The appeal should be filed in the Court of Common Pleas.

Collection of Judgment: After the judgment is obtained and the appeal time expired, you may seek to collect the judgment by acceptable means of collection. In Delaware, a judgment may be collected as follows: an agreement by both parties, collecting from the defendant's wages, garnishment, collecting from defendant's property, or file a request that the constable levy

-----------------------
Other Matters:

Are Motions allowed? Motions are allowed by the parties on a limited basis.

Continuances: Continuances should only be granted for good cause. A continuance request must include the specific reason for the continuance and the position of the opposing counsel or party on on the requested continuance.

Out-of-Court Settlement: If the parties settle out of court, the parties must inform the court clerk.

When Payment is Received: When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Cross-Claims, Counterclaims, and Third-Party Claims: A counterclaim is a claim made by the Defendant against the Plaintiff when the Defendant believes that the Plaintiff owes him or her money. In most instances, a counterclaim must be filed at least 5 days prior to trial (excluding holidays and weekends). You must state in writing and in detail why you are countersuing the Plaintiff. There is no specific form for this. The written statement must be filed with the Court and a copy should be delivered or mailed to the Plaintiff. With the Court's copy, you must file a notarized affidavit stating how and when you served the Plaintiff's copy. You must include the total amount of the counterclaim and how you arrived at this figure. Under certain circumstances, if the Plaintiff has not had enough time to prepare his or her defense to a counterclaim, the Court, upon the request of the Plaintiff, may grant a 15 day continuance of the trial. If your counterclaim arises out of the transaction or occurrence which is the subject of the plaintiff's claim against you and your counterclaim does not exceed $15,000, in most cases, you MUST file your claim as a counterclaim and you will not be permitted to file it in a separate action.

If your counterclaim exceeds $15,000 or does not arise out of the same transaction or occurrence which is the subject of the Plaintiff's claim against you, you will not lose your right to sue by failing to raise your claim as a counterclaim in the present action. However, if you are the Defendant in a summary possession action, any counterclaim which you did not raise because it was for an amount over $15,000 may not be raised unless brought in the proper court within 60 days of the summary possession judgment in the Justice of the Peace Court.

If your counterclaim exceeds $15,000, you may bring it as a counterclaim in the Justice of the Peace Court if you are willing to limit any judgment to $15,000. For more information on counterclaims see Justice of the Peace Court Civil Rule 13.

What happens if a defendant has filed bankruptcy? If the plaintiff has filed a claim against the defendant and the plaintiff is aware that the claim is listed as a debt in a bankruptcy proceeding, federal law prohibits the plaintiff from pursuing the claim in small claims court.

Common Forms used in Small Claims Court:

Claim Statement/Complaint
Summons
Return of Summons
Answer
Subpoena
Abstract of Judgment

Justice of the Peace Court Hours and Locations: http://courts.state.de.us/jpcourt/html/hours.htm.

If you need help in finding a lawyer, you may wish to contact the Legal Help Link at one of the following phone numbers:

New Castle County - 478-8850
Kent & Sussex Counties - (800) 773-0606

If you wish to obtain free legal assistance, when you call the Legal Help Link, you will be asked questions concerning your income and the type of case in which you are involved make you eligible for such assistance. No fee generating cases may be handled. If you are not eligible for free legal assistance, the Legal Help Link will refer you to the Lawyer Referral Program. This program will select an attorney, convenient to you, with whom you can meet to discuss your particular problem. The selected attorney will consult with you for 30 minutes for a fee of $35. Often, this initial visit may answer your questions or enable you to solve the problem on your own, If, however, additional services are needed and you decide to hire the referred attorney, fees and additional costs would be arranged between you and the attorney. The Legal Help Link is a collaborative effort among the Delaware State Bar Association, Delaware Volunteer Legal Services, Inc., Widener University School of Law, Community Legal Aid Society, Inc., and the Legal Services Corporation of Delaware, Inc.

VIDEOS

Civil Proceedings in the Justice of the Peace Court - ($2.00 - may be obtained at any Justice of the Peace Civil Court)

Summary Possession Proceedings in the Justice of the Peace Court - (free - may be obtained at any Justice of the Peace Civil Court)

Criminal Proceedings in the Justice of the Peace Court - ($2.00- may be obtained at any Justice of the Peace Criminal Court)

Small Claims Rules: This summary contains some of the provisions from the Delaware Small Claims Rules but does not include a comprehensive discussion of all rules. For all Rules
which apply to Small Claims actions in Delaware see http://courts.state.de.us/jpcourt/pdf/civilrules.PDF.

Application for a motion hearing

Maximum Amount of Claim Small Claims Court may hear in Delaware: $15,000.00

Which Court hears small claims in Delaware? Justice of the Peace Courts are authorized to hear claims which do not exceed $15,000.00

Who hears the claims in small claims court? The claim will be heard by a magistrate.

Claims over which the Small Claims Court has Jurisdiction:
The small claims court in Delaware may hear any of the following claims if the amount in controversy does not exceed $15,000.00:

b. You indicate that you want a trial.

FOR ALL TYPES OF ACTIONS, REMEMBER:

You must appear at the time and date set for trial or a default judgment may be entered against you.

You may file a counterclaim if you believe that the Plaintiff owes you money. In some cases, you must file any claim you have against the Plaintiff as a counterclaim or lose it.

You may file a third party action against a party other than the Plaintiff who may be liable for all or part of the damages that the Plaintiff seeks.

Removal to another Court: The claim may be moved to another court if the amount in controversy exceeds the statutory limits for small claims which are filed in Delaware.

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Judgment: If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal: After judgment is entered, an appeal must be filed within 15 days. The appeal should be filed in the Court of Common Pleas.

-----------------------
Other Matters:

Are Motions allowed? Motions are allowed by the parties on a limited basis.

Out-of-Court Settlement: If the parties settle out of court, the parties must inform the court clerk.

When Payment is Received: When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Common Forms used in Small Claims Court:

Claim Statement/Complaint
Summons
Return of Summons
Answer
Subpoena
Abstract of Judgment

Justice of the Peace Court Hours and Locations: http://courts.state.de.us/jpcourt/html/hours.htm.

If you need help in finding a lawyer, you may wish to contact the Legal Help Link at one of the following phone numbers:

New Castle County - 478-8850
Kent & Sussex Counties - (800) 773-0606

VIDEOS

Civil Proceedings in the Justice of the Peace Court - ($2.00 - may be obtained at any Justice of the Peace Civil Court)

Summary Possession Proceedings in the Justice of the Peace Court - (free - may be obtained at any Justice of the Peace Civil Court)

Criminal Proceedings in the Justice of the Peace Court - ($2.00- may be obtained at any Justice of the Peace Criminal Court)

Delaware Application for a motion hearing

Description

Related forms

Viewed forms

How to fill out Delaware Application For A Motion Hearing?

Form popularity

FAQ

What do I need to bring to a motion hearing?

How long does it take to get a motion hearing?

How do I apply for a motion?

What is Rule 59 Delaware?

How do I fill out a motion for dismissal?

How do I ask for a motion in court?

How do I file a motion hearing?

What is the Delaware retirement income exclusion?

What is the rule 56 in Delaware?

What is the statute of limitations on debt in Delaware?

Trusted and secure by over 3 million people of the world’s leading companies

Delaware Application for a motion hearing

Description

Related forms

Viewed forms

How to fill out Delaware Application For A Motion Hearing?

Form popularity

FAQ

What do I need to bring to a motion hearing?

How long does it take to get a motion hearing?

How do I apply for a motion?

What is Rule 59 Delaware?

How do I fill out a motion for dismissal?

How do I ask for a motion in court?

How do I file a motion hearing?

What is the Delaware retirement income exclusion?

What is the rule 56 in Delaware?

What is the statute of limitations on debt in Delaware?

Delaware Application for a motion hearing Related Searches

Trusted and secure by over 3 million people of the world’s leading companies