An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Delaware General Form of Complaint, Petition, or Declaration for Ejectment
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FAQ
The Delaware Judiciary is composed of the Supreme Court, the Court of Chancery, the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and related judicial agencies. In terms of interrelationships among the courts, the Delaware Court system is similar to a pyramid.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
Justia ? Forms ? Delaware ? Statewide ? Justice Of The Peace Court ? Certificate Of Representation For An Artificial Entity Or Public Body (Form 50)
Superior Court has statewide original jurisdiction over criminal and civil cases, except equity cases, over which the Court of Chancery has exclusive jurisdiction, and domestic relations matters, which jurisdiction is vested with the Family Court.
Supreme Court Court of last resort. Final appellate jurisdiction for criminal cases in which the sentence exceeds certain minimums, and in civil cases as to final judgments, certain orders of the Court of Chancery, the Superior Court, and the Family Court and court designated boards.
How often does the Form 50 certificate need to be filed? Form 50 certificates must renewed annually by filing a new Form 50, along with the $20.00 fee, with the Chief Magistrate's office on or before January 15th of each year.
CHAPTER 67. Ejectment The action shall be begun by filing in the office of the prothonotary of the county in which the lands or tenements lie a complaint setting forth the cause or causes of action of the plaintiff, a sufficient description of the lands and tenements claimed and such other facts as may be pertinent.
If the Complaint is not answered within twenty (20) days after being served by the Sheriff, you may direct the Clerk to enter a default judgment against the Defendant(s) since they did not file an Answer. (Court of Common Pleas Civil Rule 55 (b)(1).)