Del. C. » Title 10 — Justices of the Peace · CHAPTER 95. Procedure · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 9571 (2026)

Appeal in civil actions

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(a) From any final order, ruling, decision or judgment of the Court in a civil action there shall be the right of appeal to the Court of Common Pleas of the State in the county in which said order, ruling, decision or judgment was rendered.

(b) The appeal shall be taken within 15 days of the final order, ruling, decision or judgment.

(c) The appeal shall be a trial de novo.

(d) The Court of Common Pleas shall establish appeal procedures and supersedeas bond requirements by rule.

Code 1852, §§  2139, 2141;  Code 1915, §  4035;  34 Del. Laws, c. 223, §  1;  Code 1935, §  4522;  10 Del. C. 1953, §  9578;  54 Del. Laws, c. 242;  65 Del. Laws, c. 40, §  1;  65 Del. Laws, c. 308, §  1;  68 Del. Laws, c. 53, §  4;  69 Del. Laws, c. 423, §  8; 
Notes of Decisions
Cited in 52 cases (23 in the last 5 years), 1976–2025 · leading case: Gregorovich v. E.I. Du Pont De Nemours, 602 F. Supp. 2d 511 (D. Del. 2009).
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Gregorovich v. E.I. Du Pont De Nemours, 602 F. Supp. 2d 511 (D. Del. 2009). “10 Del. C. § 9571; JP Ct. Civ. R. 58. Had plaintiff appealed the JP Court decision, it would not have tolled the limitations period during the pendency of the appellate proceedings.”
Lecates v. Just. of Peace Ct. No. 4, 423 F. Supp. 1379 (D. Del. 1976). “§ 1983 which challenges the constitutionality of 10 Del.C. § 9571(b) and § 9572. These provisions of the Delaware Code require a losing defendant in an action brought in a Justice of the Peace Court to post a surety bond within fifteen days of judgment in order to appeal for a…”
Tashay Lawler v. Stoneybrook Pres., No. CPU4-21-003799 (Del. Ct. Com. Pl. July 25, 2022). · cites it 6× “Appeals to the Court of Common Pleas Pursuant to 10 Del. C. § 9571 The parties do not dispute that the case at bar is strictly a summary possession action.”
Horsey v. Am. Fin., LLC, No. K23A-05-003 NEP (Del. Super. Ct. Jan. 30, 2024). · cites it 6× “”15 Title 10 Del. C. § 9571 does not govern writs of certiorari.”
Juan Ortiz v. Paul Warfield, No. CPU4-16-000625 (Del. Ct. Com. Pl. Apr. 12, 2016). · cites it 5× “Service by Mail Time Extensi0n for Appeals This Court’s jurisdiction over appeals from the Justice of the Peace is strictly governed by statute, specifically 10 Del. C. § 9571 and not 10 Del. C. § 3104(g).”
Randy David Wilson v. Delmarva Power & Light Co., No. CPU4-19-004583 (Del. Ct. Com. Pl. Nov. 30, 2020). · cites it 5× “° However, after reviewing the relevant statutes and case-law, I am satisfied that 10 Del. C. § 9571 “requires an independent determination of the merits of the matter on appeal”—that is, a de novo review, as the statute requires.”
Bonnie Schneider v. Am. Car Wash, Inc., No. CPU4-20-003550 (Del. Ct. Com. Pl. Mar. 11, 2021). · cites it 5× “Jurisdiction of this Court on appeals from the Justice of the Peace Court is governed by 10 Del. C. § 9571.” Subsection (a) provides for appeals as of right to the Court of Common Pleas from any final judgment of the Justice of the Peace.”
Michael Porter & D&S Catering, LLC. v. Doherty &, No. CPU4-14-002239 (Del. Ct. Com. Pl. Oct. 15, 2014). · cites it 8× “DISCUSSION This Court’s jurisdiction over appeals from the Justice of the Peace is strictly governed by statute, specifically 10 Del. C. § 9571. An appeal brought pursuant to 10 Del.”
Antoinette Marconi v. Brandywine Chrysler Jeep, Inc., No. CPU4-13-003182 (Del. Ct. Com. Pl. Mar. 13, 2014). · cites it 6× “and Chrysler Group, LLC (hereinafter “Chrysler Defendants”) holding that the statute of limitations had run in the breach of contract action.”
Alexander v. Harvey, No. N15A-05-005 FWW (Del. Super. Ct. Oct. 25, 2016). · cites it 3× “20 Therefore, Appellants claim that their appeal to the Court of Common Pleas was proper under 10 Del. C. § 9571(a) because only a trial for rent was held in the Justice of the Peace Court.”
Abigail Jane Davis v. Brandi Butler, No. CPU5-15-001209 (Del. Ct. Com. Pl. May 1, 2017). · cites it 3× “Box 497 1308 Delaware Avenue, Suite 8 Dover, DE 19901 Wilmington, DE 19806 Attorney for Appellee Attorney for Appellant Submitted: March 31, 2017 Decided: May l, 2017 DECISION AFTER TRIAL This case involves a civil appeal from the Justice of the Peace Court pursuant to 10 Del.…”
Jamoom v. Fortinper, No. CPU4-19-003948 (Del. Ct. Com. Pl. Feb. 5, 2021). · cites it 3× “Delmarva Power is the correct analysis of the state of the law regarding an appeal from JP Court to CCP, and I will adhere to the ruling and rationale I outlined in that opinion.”
Show all 52 citing cases →
10 Del. C. § 9571(1): 1 case
New Castle Auto Auction & Consignments, Inc. v. Eric Riley, No. CPU4-13-001066 (Del. Ct. Com. Pl. Dec. 1, 2014).
10 Del. C. § 9571(21): 1 case
Michael Hojnicki v. John Childs, No. CPU4-13-003805 (Del. Ct. Com. Pl. Apr. 25, 2014).
10 Del. C. § 9571(a): 5 cases
Horsey v. Am. Fin., LLC, No. K23A-05-003 NEP (Del. Super. Ct. Jan. 30, 2024). “”15 Title 10 Del. C. § 9571 does not govern writs of certiorari.”
Alexander v. Harvey, No. N15A-05-005 FWW (Del. Super. Ct. Oct. 25, 2016). “20 Therefore, Appellants claim that their appeal to the Court of Common Pleas was proper under 10 Del. C. § 9571(a) because only a trial for rent was held in the Justice of the Peace Court.”
Seaford Internal Med., LLC v. Sandoval, No. S19A-04-001 CAK (Del. Super. Ct. July 15, 2019).
Vill. of Windhover v. Daniel J. Mawn & Jennifer, No. CPU4-14-001732 (Del. Ct. Com. Pl. Feb. 26, 2015).
Melba J. Trumbo v. LST Investments & AAMCO Int'l Cust. Serv., No. CPU4-14-001632 (Del. Ct. Com. Pl. Dec. 7, 2015).
10 Del. C. § 9571(b): 5 cases
Lecates v. Just. of Peace Ct. No. 4, 423 F. Supp. 1379 (D. Del. 1976). “§ 1983 which challenges the constitutionality of 10 Del.C. § 9571(b) and § 9572. These provisions of the Delaware Code require a losing defendant in an action brought in a Justice of the Peace Court to post a surety bond within fifteen days of judgment in order to appeal for a…”
Griffin v. Ramirez, No. N20A-12-006 CEB (Del. Super. Ct. Nov. 30, 2021).
Angela L. DeFelice v. Catherine Nelson, No. CPU6-15-001621 (Del. Ct. Com. Pl. Feb. 1, 2016).
Horsey v. Am. Fin., LLC, No. K23A-05-003 NEP (Del. Super. Ct. Jan. 30, 2024). “”15 Title 10 Del. C. § 9571 does not govern writs of certiorari.”
Samuel M. Short v. Marion Johnson, No. CPU4-14-002963, 2015 WL 1609328 (Del. Ct. Com. Pl. Mar. 30, 2015).
10 Del. C. § 9571(c): 9 cases
Milbourne v. Swinton, No. N24A-12-003 KMV (Del. Super. Ct. Oct. 30, 2025).
Saunders-Gomez v. Rutledge Maint. Corportation, No. N16A-03-003 FWW (Del. Super. Ct. Apr. 3, 2017).
Jamoom v. Fortinper, No. CPU4-19-003948 (Del. Ct. Com. Pl. Feb. 5, 2021). “Delmarva Power is the correct analysis of the state of the law regarding an appeal from JP Court to CCP, and I will adhere to the ruling and rationale I outlined in that opinion.”
Tashay Lawler v. Stoneybrook Pres., No. CPU4-21-003799 (Del. Ct. Com. Pl. July 25, 2022). “Appeals to the Court of Common Pleas Pursuant to 10 Del. C. § 9571 The parties do not dispute that the case at bar is strictly a summary possession action.”
Chen v. Rodriguez-Velazquez, No. S23M-02-026 RHR (Del. Super. Ct. Mar. 14, 2023).
10 Del. C. § 9571(d): 1 case
Bonnie Schneider v. Am. Car Wash, Inc., No. CPU4-20-003550 (Del. Ct. Com. Pl. Mar. 11, 2021). “Jurisdiction of this Court on appeals from the Justice of the Peace Court is governed by 10 Del. C. § 9571.” Subsection (a) provides for appeals as of right to the Court of Common Pleas from any final judgment of the Justice of the Peace.”
10 Del. C. § 9571(f): 1 case
Sharon Lynch v. Arpad Lehel Szabo, No. CPU4-14-001733 (Del. Ct. Com. Pl. June 15, 2015).
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