Appeals in summary possession cases

(a) Request for appeals. -- Appeals in summary possession cases must be requested in writing within five (5) days of judgment. (b) Stay. -- No request for an appeal shall stay proceedings on such judgment unless the aggrieved party, at the time of making such request, shall execute and file with the Court an undertaking to the successful party, with such bond or other assurances as may be required by the Court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against that party and abide by the order of the Court therein and pay all damages, including rent, justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon by stayed. (c) Three judge panel. -- An appeal following a summary possession trial shall be made to a three (3) judge panel comprised of three (3) judges other than the judge who presided at the trial. The members of the panel shall be appointed by the Chief Magistrate or the Chief Magistrate's designee. All decisions shall be by majority vote. (d) Appeals de novo. -- An appeal of a decision following a nonjury trial shall be a trial de novo . An appeal by trial de novo may include claims and counterclaims not raised in the initial proceeding provided that, within five (5) days of filing of the appeal, the claimant also files a bill of particulars identifying any new issues which claimant intends to raise at the hearing which were not raised in the initial proceeding. (e) Appeals on the record. -- An appeal of a decision resulting from a jury trial shall be on the record and the party seeking the review must designate with particularity the points of law which the party appealing feels were erroneously applied at the trial court level. An appeal on the record may include any issue on which judgment was rendered at the trial court level, including the issue of back rent due. (f) Failure of a party to appear on appeal. -- In either an appeal by trial de novo or an appeal on the record, if the appellant (or both parties) fails to appear for trial of the appeal, the judgment below shall stand. If the appellee fails to appear, the Court may enter a default judgment pursuant to Rule 55(b). Rules 73-76 Omitted. X. THE JUSTICE OF THE PEACE COURT. Rule 77. Justice of the Peace Court; clerks; records and exhibits, fees. (a) Justice of the Peace Court always open. -- The Justice of the Peace Court shall be deemed always open for the purpose of the transaction of business. (b) Trials and hearings; orders in chambers. -- All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials within the discretion of the judge. (c) Omitted. (d) Notice of orders of judgments. -- Immediately upon the entry of an order of judgment, the Court shall serve a notice of the entry by mail and shall make a note in the docket of service. (e) Omitted. (f) Records and exhibits. -- (1) Custody of. -- The clerk shall have custody of the records and papers of the Court. The clerk shall not permit any original record, paper or exhibit to be taken from the courtroom or the location where it is filed except at the direction of the Court or as provided by statute or by these Rules or by Rules of the Supreme Court. (2) Removal of exhibits. -- Exhibits shall not be removed prior to the time provided in these rules except on order of the Court. (3) Disposition of exhibits. -- After the final determination of a cause by the Court and the expiration of the period for filing a notice of appeal, if no notice of appeal has been filed, all exhibits shall be removed by the party who introduced them. Parties shall be notified at the time of judgment or later that exhibits may be removed by the party who introduced them no sooner than 16 days and no later than 30 days, from the date the judgment is entered. If not removed, the clerk may obtain an order of the Court for their disposition. (4) Tape recordings. -- All tape recordings of proceedings shall be retained for a period of 60 days following the decision. Upon notice of an appeal, tapes shall be saved for the duration of the appeal and for 60 days thereafter unless they are transcribed prior to that time. (g) Opinions to be dated. -- Each written opinion (including letter opinions) shall bear two dates immediately under the caption of the case: (1) The date of the last hearing, or brief filed, or other final submission of the case for decision; and (2) The date of the filing of the opinion or order. (h) Fees. -- (1) All filing fees are non-refundable unless exceptional circumstances exist. (2) The clerk may refuse a filing if the fees set forth in the rule have not been paid and the filer has not been granted permission to file in forma pauperis pursuant to Rule 112. (3) The fees of the Justice of the Peace Court for the services specified shall be as follows: For receipt, issuance and process of a civil action ............ $30.00 In addition to the above: Issuance of an alias, pluries or any subsequent writ of process ............ $15.00 Action of replevin ............ $15.00 Attachment in lieu of summons ............ $20.00 Scire Facias ............ $10.00 Hearings for relief from judgment or order or to vacate a default judgment or a non-suit judgment ............ $10.00 Preparation of docket entries or full copies of records, duly certified ............ $10.00 Landlord/Tenant Appeal to 3 judge court ............ $50.00 Service of writ of summary possession ............ $35.00 Executions Prothonotary fee and fieri facias ............ $25.00 Garnishment ............ $25.00 Venditiona exponas ............ $20.00 Issuance/Service of civil subpoena ............ $5.00 Mailing of civil subpoena ............ at prevailing mail rate. For processing applications for authorization to sell property under Chapter 39 of Title 25, and Chapter 69 of Title 21 and Chapter 40 of Title 25. a. For issuing orders ............ $20.00 Dishonored Checks In connection with any Justice of the Peace Court proceeding, for processing a check dishonored for insufficient funds or closed account ............ $30.00 (4) Court Security Fund assessment. -- In addition to any other amounts assessed as costs by any other statute, rule, or law, the clerk shall collect, on the filing of every complaint and praecipe under Justice of the Peace Court Civil Rule 3 or other initial filing as provided for by statute or rule, an assessment for the Court Security Fund established by 10 Del. C. { 8505(b). The amount of this assessment shall be determined as follows: Landlord-Tenant Claims involving possession ............ $10.00 Distress for Rent Claims ............ $10.00 Debt Claims (including Landlord-Tenant claims seeking only money damages) or Trespass Claims where the amount in controversy exceeds $5,000 ............ $10.00 Debt Claims (including Landlord-Tenant claims seeking only money damages) or Trespass Claims where the amount in controversy equals or is between $1,000- $5,000 ............ $5.00 Replevin Claims ............ $5.00 Garagemen Lien Claims ............ $10.00 Abandoned Property Claims ............ $10.00 For those filings in which the Court has approved an application to proceed in forma pauperis , the assessment under this Rule shall be collected as a fee or cost as set out in Justice of the Peace Court Civil Rule 112. Assessments paid pursuant to this Rule shall constitute a cost for the purpose of Justice of the Peace Civil Rule 54. The amounts collected under this Rule shall be deposited into a separate account known as the "Court Security Assessment Fund." (5) The Court may order the parties to pay other costs such as postage, printing, advertising and lodging/meals for jurors. (6) All other fees for services not provided for in this Rule shall be approved by the Chief Magistrate.