Delaware Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Delaware's Superior Court, Court of Common Pleas and Justice of the Peace Court each have a Civil Rule 60(b). On motion and upon such terms as are just, the court may relieve a party from a final judgment, order or proceeding for listed reasons. The Justice of the Peace Court calls the request a motion to vacate.

2. 2

   The listed reasons are (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) (in the Justice of the Peace Court, at the time of the trial); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; and (6) any other reason justifying relief from the operation of the judgment. The court decides whether a reason is shown.

3. 3

   Justice of the Peace Court deadlines for a default judgment are short. Under JP Civil Rule 60(c), for the reasons in (b)(1), (2) and (3) (mistake, inadvertence, surprise or excusable neglect; newly discovered evidence which by due diligence could not have been discovered at the time of the trial; fraud, misrepresentation or other misconduct), in debt, trespass and replevin actions the motion is due not more than 15 days after the default judgment, or not more than 30 days if service was made by certified mail. In summary possession actions it is due not more than 10 days after entry of the default judgment.

4. 4

   For all other reasons, including (4) a void judgment, (5) a satisfied, released, discharged or reversed judgment, and (6) any other reason justifying relief, the Justice of the Peace Court rule says the motion shall be made in a reasonable time. For Superior Court and Court of Common Pleas motions, ask the clerk or a lawyer what time limit applies to the numbered reason you rely on, and file promptly.

5. 5

   Filing does not by itself stop enforcement. Each court's Rule 60(b) says a motion does not affect the finality of a judgment or suspend its operation. In Superior Court, Rule 62(b) lets the court stay execution or enforcement pending a Rule 60 motion, so ask for a stay in writing.

6. 6

   In the Justice of the Peace Court, a defendant against whom a default judgment has been entered may file a motion to vacate the default judgment, and that motion should be on Civil Form 11 (Request for Motion Hearing). Explain why you failed to answer the summons and any other reasons the default judgment should be vacated, then take or mail the original plus three copies, with the filing fee, to the court. A landlord may move to vacate a nonsuit in a summary possession action within 10 days of its entry.

7. 7

   Rule 60(b) does not limit the power to entertain an independent action, to grant relief provided by statute, or to set aside a judgment for fraud upon the court; Superior Court and Court of Common Pleas rules also preserve dealing with judgments by confession as provided by law. For a default judgment, also see /legal-document/set-aside-default/delaware.

Delaware Requirements for Motion to Vacate

• Rule 60(b) Reasons

  Civil Rule 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) (JP Court: at the time of the trial); (3) fraud, misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) satisfied, released, discharged or reversed, or no longer equitable; (6) any other reason justifying relief.

• JP Court Default Windows

  J.P. Civil Rule 60(c), for reasons (b)(1), (2) and (3): debt, trespass and replevin defaults, not more than 15 days after judgment (30 days if served by certified mail); summary possession defaults, not more than 10 days after entry.

• Reasonable Time in JP Court

  J.P. Civil Rule 60(b)-(c): the motion shall be made within a reasonable time; for a default, that applies to all reasons other than (b)(1), (2) and (3).

• No Automatic Suspension

  Rule 60(b): the motion does not affect the finality of a judgment or suspend its operation. Superior Court Rule 62(b): the court may stay execution or enforcement pending a Rule 60 motion.

• JP Civil Form 11

  A motion to vacate a JP Court default judgment should be on a Civil Form 11 (Request for Motion Hearing), explaining why you failed to answer the summons, with the original plus three copies and the filing fee.

• Summary Possession Nonsuit

  J.P. Civil Rule 60(d): a motion to vacate a nonsuit in a summary possession action may be made within 10 days of the entry of the nonsuit.

• Independent Action Preserved

  Rule 60(b) does not limit an independent action, relief provided by statute, or setting aside a judgment for fraud upon the court; Superior and Common Pleas rules also preserve judgments by confession as provided by law.