By statute, parties are entitled to trial by jury in the Justice of the Peace Court before a jury of six persons in summary proceedings for the recovery of possession of premises.136 When a demand for trial by jury is made in such a case, the court must submit to the parties not later than three days before the date the case is scheduled for trial a list showing the names and addresses of twelve proposed jurors who are impartial, disinterested and judicious citizens of the county where the real estate is located. On the day of trial, the plaintiff strikes out the name of one juror, followed by the defendant striking out the name of one juror, and continuing alternately until six names have been stricken out. If a party refuses to strike or if several plaintiffs or defendants cannot agree amongst themselves, than the court strikes for such party or parties. After six names have been stricken, the remaining six are the jurors.137
37. 25 Del. C. § 5713.
38. 25 Del. C. § 5713(a); J.P. Ct. Civ. R. 14(c)(l).
© 2010 David L. Finger