Rule 3. Commencement of action

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Delaware Court Rules › Justice of the Peace Court › Justice of the Peace Court Civil Rules › Del. J.P. Ct. Civ. R. 3

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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(a) Commencement. -- A civil action is commenced by filing a complaint and praecipe

with the Court in such form as the Court prescribes. Sufficient copies of the complaint shall be

filed so that one copy can be served on each defendant. When an action is governed by a

special statute, it shall be commenced in the manner prescribed by such statute.

(b) Venue for civil landlord/tenant actions involving possession. --

(1) Civil actions brought pursuant to 25 Del. C. § 5702 shall be initiated in the

county in which the rental property that is subject of the action is located. For northern New

Castle County, north of a line described in subparagraph (2) below, all such actions shall be

filed at Justice of the Peace Court #13 (Wilmington). For southern New Castle County, south

of a line described in subparagraph (2) below, all such actions shall be filed at Justice of the

Peace Court #9 (Middletown). For Kent County, all such actions shall be filed at Justice of the

Peace Court #16 (Dover). For Sussex County, all such actions shall be filed at Justice of the

Peace Court #17 (Georgetown).

(2) The line dividing New Castle County venue shall be as follows: Beginning at a

point on the centerline of U.S. Route 40, traveling east to the centerline of the right of way of

the Norfolk Southern rail line (Reynolds Industrial Line), thence south and east along that right

of way to the easternmost point of the line, thence east to the Delaware River.

(3) The Chief Magistrate may, as conditions require, designate a temporary

successor location or alternative location for these filings.

(c) Omitted.

(d) Omitted.

(e) Deposit for costs. -- The clerk shall not file any paper or record or docket any

proceeding, including any third party complaint, until the required deposit for costs and fees

has been made in accordance with Civil Rule 77(h)(3) or the filer has been granted permission

to file in forma pauperis pursuant to Rule 112.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Rule 3. Commencement of action · Del. J.P. Ct. Civ. R. 3 | Frix