Can I request a jury trial in a small claims court case?
No, you cannot request a jury trial in a small claims court case in Delaware. In Delaware, small claims court is a type of court used to resolve minor disputes that involve claims of less than $15,000. The claims are typically brought by an individual or business against another individual or business. In small claims court, the parties present their arguments in front of a judge, not a jury. At the end of the hearing, the judge renders a decision but is not required to provide a written opinion. The parties must abide by the judge’s decision or appeal it in a higher court. Unlike civil cases that proceed in a formal court system, small claims cases are usually much less formal. The parties are not expected to hire attorneys nor are the legal rules of evidence applied. This allows a quicker and less expensive resolution of the case. Furthermore, the judge is not bound by the strict rules of common law or statutes that would be applicable in a higher court. In summary, despite a jury trial being available in civil cases, it is not available in small claims cases in Delaware. In small claims court, the parties present their arguments in front of a judge who makes the final decision.
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