25 Del. C. ch. 57 § 5714
Compelling attendance of jurors
Operative Text
(a) In a proceeding under this chapter, the justice may require the attendance of the jurors the justice appoints, and may issue a summons under hand and seal to a constable for summoning them to appear before the court. (b) If any juror duly summoned fails to appear as required, or to be qualified and serve throughout the trial, the juror shall, unless the juror shows to the justice a sufficient excuse, be guilty of contempt and shall be fined $50 which shall be levied with costs by distress and sale of the juror’s goods and chattels by virtue of a warrant by the justice. (c) The warrant shall be directed to a constable in the following manner: County, ss. The State of Delaware. To any constable, greeting: Whereas, of has been adjudged by , 1 of our justices of the peace, to be guilty of a contempt in making default after due summons as a juror in a case pending before said justice and has been ordered to pay a fine of $50 in pursuance of the act of assembly in such case provided, and Whereas, the said has neglected to pay the said sum, we therefore command you to levy the said sum of $50 with costs and your costs hereon by distress and sale of the goods and chattels of the said upon due notice given as upon other execution process. Witness the hand and seal of the said justice the day of 20
Section 5714 of Title 25 of the Delaware Code governs how jurors are compelled to participate in residential landlord-tenant proceedings heard before a justice of the peace. A justice presiding over such a case has authority to summon jurors via a constable, and any juror who is properly summoned but fails to appear or complete service—without an adequate excuse—may be held in contempt and fined $50. That fine is collectible through a formal warrant directing a constable to seize and sell the non-compliant juror's personal property if the fine goes unpaid.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5714, landlords involved in justice-of-the-peace proceedings should be aware that the court itself manages juror attendance through its own summons and enforcement process. A compliant operator generally cooperates with court scheduling and does not interfere with the juror-summoning process. Understanding that the court has independent tools to ensure a properly constituted jury can help property owners anticipate how these proceedings are structured.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5714 of Title 25, Chapter 57 of the Delaware Code establishes that the justice of the peace overseeing a tenancy dispute has the power to compel juror attendance, independent of the parties to the case. As a tenant involved in such a proceeding, knowing that the court controls juror summoning and enforcement means the jury process is managed by the court rather than by either party. Tenants who have questions about how these procedural rules may affect their case can consult a tenant-rights organization or legal aid provider familiar with Delaware justice-of-the-peace 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation