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Writs of Certiorari This is a request that the Supreme Court order a lower court to send up the record of the case for review.
A defendant against whom a default judgment has been entered may file a motion to vacate the default judgment. The motion should be on a Civil Form 11 (Request for Motion Hearing). If you are using a Form 11 that you obtained online, you should make four copies of the Form.
Mandamus. Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court.
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.
The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, a Family Court, a Court of Common Pleas, a Register's Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the Members elected to each House, ...
Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of the Court without petition therefor or the allocatur of any Judge or order of the Court. 21 Del. Laws, c. 118; Code 1915, § 3710; Code 1935, § 4263; 48 Del.
Default judgment is a judgment rendered because of the defendant's failure to answer to appear. Summary judgment is a judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial.
Judgments Judgments are presumed valid for 20 years Judgment Liens on Real Property expire 10 years after entry Judgment Liens can be: a) renewed prior to the 10 year lien expiration or b) revived after the expiration of 10 years unless the judgment debtor shows good cause as to why the lien should not be renewed.