Transfer of judgment to Superior Court

Justice of the Peace Court Civil Rules

Rule: 58A

Jurisdiction: DE

Bluebook Citation: Del. J.P. Ct. Civ. R. 58A

(a) Motion. -- All applications to transfer a civil judgment to the Superior Court pursuant to 10 Del. C. { 9569 shall be by motion. If the Court grants such a motion, the clerk shall prepare a transcript of the judgment in this Court. (b) Effect of filing transcript. -- The filing of a transcript with the Prothonotary constitutes a transfer of the judgment to the Superior Court. Once a judgment has been transferred to Superior Court, the Justice of the Peace Court shall retain jurisdiction for purposes of all post- judgment proceedings with the exception of execution upon the judgment and/or the sale of real estate.

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