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Get the form you need to reschedule your court date after applying for rental assistance

Authored By: Delaware Volunteer Legal Services, Inc. (DVLS)
Contents

This form has been created to help you request a later court date for your eviction case (also called a Summary Possession) because you have recently applied for rental assistance.

About this form

This form has been created to help you ask the court to reschedule the date of your hearing at the Justice of the Peace Court for your eviction case, which is also called a Summary Possession.

You can use this form if:

  1. you have a hearing date scheduled for a summary possession (eviction) case and,
  2. you want to reschedule the hearing because you have applied for rental assistance.

The form is called a "continuance request."

I want to reschedule my court date, but not because I applied for help paying my rent.

What is "continuance"?

If you want to reschedule your court date, you would ask the court to "continue" the hearing.

A "continuance request" is how you ask the court to reschedule your court date.

It is recommended that you file for the continuance as soon as you know you need a different court date.

Before you download the form, you can click here to view the form online.

Before you fill out the form

You will need to ask your landlord if they agree to a later hearing date. You will need to show on the form if the landlord agreed, disagreed, or did not respond to your request to reschedule.

Even if your landlord does not agree or does not respond when you ask to reschedule, the Court may still approve your request.

How do I fill out this form?

Here are some things you will need to know and where you can find them:

  • Your case number (this is on the paperwork you receive from the Court)
  • Your court date (this is on the paperwork you receive from the Court)
  • Your landlord's name or the name of your rental company (this is on the paperwork you receive from the Court as the "Plaintiff")

Remember on this form, "continue" means reschedule. For item number 6, you will circle one of three options:

  • My landlord did not respond to me
  • My landlord agrees to continue (or reschedule) the hearing date
  • My landlord does not agree with continuing (or rescheduling) the hearing date

How do I file the form?

You will not be charged a filing fee for filing this request.

Your case will be in one of the Justice of the Peace Courts (JP). The paperwork that you received from the Court will say the address of the Court that the hearing will be held, that is where you will file your request to have the hearing rescheduled.

  • Take the completed form and two copies with you to the courthouse to file.
  • Ask for one of the copies to be stamped with the date and time that you filed it, and keep that copy for yourself.

Court Hours & Locations

Use the following links to find court hours, locations, and contact information.

 Middletown Justice of the Peace Court 09 

 Wilmington Justice of the Peace Court 13 

 Dover Justice of the Peace Court 16 

 Georgetown Justice of the Peace Court 17 

To see a full list of courts, go to the Hours & Location page on Delaware Courts.

Download the form as a PDF

Download the form in Word

Last Review and Update: Aug 13, 2021