DE SB36 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: Passed on June 26 2009 - 100% progression
Action: 2009-06-26 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: Passed on June 26 2009 - 100% progression
Action: 2009-06-26 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
This Act makes certain changes in Chapter 95, Title 10 of the Delaware Code relating to trespass, replevin, and detinue proceedings in the Justice of the Peace Court. Section 1 conforms the form of summons in a trespass case to be the same as the form for all Justice of the Peace Court actions. Section 2 eliminates an arcane provision making the Justice of the Peace personally liable for court costs when a trespass action is overturned on certain appeals. Section 3 deletes a phrase in 9614 to allow all litigants the equal right to appeal to the Court of Common Pleas. Section 4 eliminates the option, available only to “freeholders,” for certification thereby making the trespass proceedings in the Justice of the Peace Court equally available for all categories of property owners. Finally, Sections 5 and 6 eliminate the practice of referee trials, an antiquated proceeding no longer used by litigants.
Title
An Act To Amend Title 10 Of The Delaware Code Relating To Procedures Applicable To Trespass, Replevin, And Detinue Claims In The Justice Of The Peace Court.
Sponsors
Sen. Thurman Adams [D] | Sen. Anthony DeLuca [D] | Sen. Robert Marshall [D] | Sen. Robert Marshall [D] |
Sen. Gary Simpson [R] |
Roll Calls
2009-06-11 - House - House Third Reading (Y: 38 N: 0 NV: 0 Abs: 3) [PASS]
2009-06-02 - Senate - Senate Third Reading (Y: 19 N: 0 NV: 0 Abs: 2) [PASS]
2009-06-02 - Senate - Senate Third Reading (Y: 19 N: 0 NV: 0 Abs: 2) [PASS]
History
Date | Chamber | Action |
---|---|---|
2009-06-26 | Signed by Governor | |
2009-06-11 | Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT | |
2009-06-10 | Reported Out of Committee (JUDICIARY) in House with 8 On Its Merits | |
2009-06-03 | Introduced and Assigned to Judiciary Committee in House | |
2009-06-02 | Passed by Senate. Votes: Passed 19 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT | |
2009-04-01 | Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits | |
2009-03-24 | Assigned to Judiciary Committee in Senate |