25 Del. C. ch. 57 § 5713
Jury trials
Operative Text
(a) In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justice shall appoint 6 impartial persons of the county in which the action was commenced to try the cause. In making such appointments, the justice shall appoint such persons from the jury list being used at time of appointment by the Superior Court in the county where the action was commenced. (b) The jury shall be sworn or affirmed that they will “faithfully and impartially try the cause pending between the said plaintiff and defendant and make a true and just report thereupon according to the evidence” and shall hear the allegations of the parties and their proofs. If either party fails to appear before the jury, they may proceed in that party’s absence. When the jury or any 4 of them agree, they shall make a report under their hands and return the same to the justice who shall give judgment according to the report. (c) If any juror appointed fails to appear or serve throughout the trial the justice may supply a replacement by appointing and qualifying another, but there shall be no trial by jury if the defendant has not appeared. (d) In all other cases, the justice shall hear the case and give judgment according to the right of the matter and the law of the land. (e) A Chief Magistrate shall have the authority to designate courts in each county which can accommodate a jury trial.
Section 5713 of Title 25 of the Delaware Code establishes the right to a jury trial in civil actions brought under Chapter 57, which covers residential landlord-tenant matters. Either the plaintiff or the defendant may request a jury of six people drawn from the Superior Court's jury list for the relevant county, with the plaintiff making the request at the time of filing and the defendant having 10 days after being served to do the same. A verdict can be reached when at least four of the six jurors agree, and if no jury is requested, the justice of the peace hears and decides the case alone. A Chief Magistrate designates which courts in each county are equipped to hold jury trials.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5713, landlords who initiate civil actions — such as summary possession proceedings — under Chapter 57 should be aware that they may request a jury trial at the time they file the action. Operators who understand this procedural option are generally better positioned to navigate the court process, since the choice must be made at the outset and cannot be made later. Landlords should also be aware that a defendant-tenant has a 10-day window after service to make their own jury demand, which can affect the timeline and venue of the proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5713 of Title 25 of the Delaware Code gives tenants who are defendants in Chapter 57 civil actions — including eviction cases — the right to request a jury trial within 10 days of being served with the complaint. If a jury is convened, it will consist of six people drawn from the Superior Court's jury list for the county, and a decision requires agreement from at least four jurors. Tenants who want to understand how this right applies to their situation may benefit from contacting a tenant-rights organization or legal aid provider familiar with Delaware landlord-tenant proceedings.
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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