Parties aggrieved in matters arising from a commercial lease in which summary possession is sought may split or bifurcate the cause of action and file an action for summary possession and also file a plenary action between the same parties over the same lease in another court. Such plenary actions must be commenced no later than 6 months after a final judgment is entered in the action for summary possession.
Structure Delaware Code
Chapter 57. SUMMARY POSSESSION
§ 5701. Jurisdiction and venue.
§ 5701A. Establishing territorial jurisdiction.
§ 5701B. Civil jurisdiction; bifurcated claims.
§ 5702. Grounds for summary proceeding.
§ 5703. Who may maintain proceeding.
§ 5704. Commencement of action and notice of complaint.
§ 5705. Service and filing of notice.
§ 5707. Contents of complaint generally.
§ 5708. Additional contents of certain complaints.
§ 5714. Compelling attendance of jurors.
§ 5715. Execution of judgment; writ of possession.
§ 5716. Stay of proceedings by tenant; good faith dispute.
§ 5717. Stay of proceedings on appeal.