Can I request a change of venue in a small claims court case?
Yes, it is possible to request a change of venue in a small claims court case in Delaware. In Delaware, the small claims court system is governed by the Delaware Code and the Small Claims Rules. Under section 603 of the Small Claims Rules, either the plaintiff or defendant may request a change of venue. If either party involved in the case believes that they cannot receive a fair and unbiased hearing in the county in which their case is assigned, they may file a motion for a change of venue. In their motion, they must give a reason for why they believe a change of venue is necessary for a fair trial. If the court agrees with the motion, it will transfer the case to another county. The court may also consider other relevant factors, such as the convenience of both parties and the witnesses involved in the case. Once the venue is changed, a new hearing will be scheduled in the other county. It is important to note that if either party does not appear for the new hearing after the change of venue, the court may proceed with the case and make a judgment without them. As such, it is vital that both the plaintiff and defendant show up at the new hearing if they are granted a change of venue.
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