25 Del. C. ch. 57 § 5710
Trial
Operative Text
Where triable issues of fact are raised, they shall be tried by the court. At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the applicant to procure necessary witnesses or evidence or by consent of all the parties who appear, may adjourn the trial, but not more than 10 days, except by consent of all parties.
Under 25 Del. C. ch. 57 § 5710, when a landlord-tenant dispute involves contested questions of fact, those questions are decided by the court rather than resolved on the papers alone. Either party may request a short postponement of the trial if they can demonstrate—by affidavit or oral statement—that more time is needed to gather witnesses or evidence, or if all appearing parties agree to the delay. Any such adjournment is capped at 10 days unless every party consents to a longer postponement.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5710, property owners and managers involved in court proceedings should be prepared to present witnesses and documentary evidence at the scheduled trial date, since factual disputes are resolved by the court. If additional preparation time is genuinely needed, a landlord may formally request an adjournment by submitting an affidavit or making an oral showing that the delay is necessary to secure witnesses or evidence. Compliant operators generally keep records organized and witnesses identified well in advance so that any request for a continuance is well-supported and within the 10-day limit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5710 of Title 25, Chapter 57 of the Delaware Code gives tenants the right to have disputed facts heard directly by the court, rather than decided without a hearing. If a tenant needs more time to gather witnesses or evidence before trial, they may ask the court for a short postponement by explaining the need through an affidavit or oral statement, subject to the 10-day cap unless all parties agree otherwise. Tenants who believe they need additional time or have questions about the process may benefit from contacting a local tenant-rights organization or legal aid office for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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