What are Delaware Court Records?

Case Files/Information

These files provide comprehensive details about a case, such as the parties involved, case numbers, dates of filing, and case categories.

Dockets

lists of upcoming hearings, court dates, and scheduled procedures. They give a summary of the status of the cases and the next steps.

Judgments and Orders

These records include details on the conclusions, rulings, and decisions made by the court. Orders deal with the steps involved in a lawsuit, whereas judgments decide who is at fault and any associated fines or penalties.

Transcripts

These are precise records of all the words spoken in court, including during trials, hearings, and judicial decision-making. They record arguments, court decisions, and oral testimony.

Evidence

Documents from the court that include images, expert reports, exhibits, or other types of evidence presented during trials.

Court Minutes

These records the decisions made, motions submitted, and conversations had during court sessions. They give a summary of the proceedings during the hearings.

Pleadings

These legal documents are filed by parties or attorneys and include complaints, indictments, motions, orders, and jury verdicts.

Briefs

To submit legal issues, pertinent data, and convincing arguments to appellate courts, attorneys draft briefs. An essential component of appeals is briefs.

Criminal Cases

An individual involved in a criminal case in Delaware will be prosecuted for violating state laws. Criminal cases involve appropriate penalties, such as fines, probation, or imprisonment. The Superior Courts, Supreme Court, Family Court, Peace Court, and the Court of Common Places, collectively ensure that criminal cases in Delaware are processed and adjudicated according to the law, by providing various levels of review and appeal to protect the rights of all parties involved. Some of these criminal cases include:

• Felonies such as murder, robbery, and drug trafficking. The Superior Court handles these cases.
• Misdemeanors crimes like petty theft or simple assault. They are often dealt with in the Court of Common Pleas.
• Traffic Violations. The Justice of the Peace Court handles minor offenses related to traffic laws.
• Juvenile cases involving minors. The family court has jurisdiction over such cases.

Civil Cases

Unlike criminal cases, civil cases are legally remedied by monetary compensation or specific performances rather than criminal sanctions/penalties. In Delaware, several courts handle these civil cases:

• Justice of the Peace Court: Small claims, minor civil disputes, and landlord-tenant matters.
• Court of Common Pleas: Civil cases with claims up to $75,000, including contract disputes and property issues.
• Superior Court: Civil cases involving larger sums of money, major tort claims, and appeals from lower courts.
• Family Court: Family-related civil cases, including divorce, custody, and support.
• Court of Chancery: Specializes in equity cases, corporate disputes, and matters involving fiduciary responsibilities.
• Delaware Supreme Court: Reviews appeals of civil cases decided in lower courts.

Supreme Court

The Delaware Supreme Court is the highest in the state, with final appellate jurisdiction over criminal cases with significant sentences, civil cases with final judgments, and certain orders from the Court of Chancery, Superior Court, and Family Court. It has the authority to issue writs and accept appeals of certain "non-final orders" or certified questions.

The Chief Justice, as the chief administrative officer, is responsible for managing the judicial system and securing court funding from the General Assembly. Although the Court must hear appeals, it often decides cases based on briefs without oral arguments.

The Delaware Supreme Court has a Chief Justice and four Justices. They are nominated by the Governor and confirmed by the Delaware State Senate. These justices serve 12-year terms and must be legal experts and Delaware residents. The Court's composition includes three Justices from one major political party and two from the other major party.

The court is located in Dover, the state's capital but occasionally hears arguments in special locations like the Widener University School of Law, and rarely in Wilmington.

On the other hand, the Supreme Court has an administrative arm known as The Administrative Office of the Courts (AOC) established in 1971. It supports Delaware's courts in areas such as operations, information technology, legal services, government relations, finance, and administration. The AOC's functions align with the statewide policies and goals set by the Chief Justice, as outlined in the Operating Proceduresfor the Delaware Judicial Branch.

Court of Chancery

The Delaware Court of Chancery has jurisdiction over equity matters and primarily handles corporate issues, trusts, estates, fiduciary disputes, real estate, and contractual matters. It is renowned for its role in developing corporate law. Appeals from this court go to the Delaware Supreme Court.

The Court comprises one Chancellor, six Vice Chancellors, and three Magistrates in Chancery. The court sits without a jury. The Chancellor and Vice Chancellors are nominated by the Governor and confirmed by the Senate for 12-year terms, while Magistrates serve at the pleasure of the Chancellor.

The Court is subject to Delaware's "major-party" rule, which requires that a bare majority of its judges be from one major political party and the others from the opposite major party. This rule makes anyone not affiliated with either the Republican or Democratic Party unable to serve on the court.

Superior Court

The Delaware Superior Court was previously known as the Superior Court and Orphans' Court. The Court has original jurisdiction over criminal and civil cases, except for equity cases, which fall under the Court of Chancery, and domestic relations matters, which the Family Court handles.

It also acts as an intermediate appellate court, hearing appeals from the Court of Common Pleas, Family Court, and various state administrative agencies, including the Industrial Accident Board, Unemployment Insurance Appeal Board, Zoning and Adjustment Boards, and other quasi-judicial bodies.

The Superior Court has exclusive jurisdiction over felonies, drug offenses (with some exceptions involving minors), and mandated treatments of individuals with mental conditions.

The Complex Commercial Litigation Division (CCLD) within the Delaware Superior Court was established in May 2010. It serves as an alternative to the Court of Chancery for business disputes that do not invoke equity jurisdiction. The CCLD handles cases involving claims with an amount in controversy of $1 million or more, exclusive choice of court agreements, and other complex commercial matters. The goal is to efficiently resolve business disputes using legal remedies.

There are three superior courts in Delaware namely Kent County Superior Court, New Castle County Superior Court, and Sussex County Superior Court.

Court of Common Pleas

The Delaware Court of Common Pleas is a trial-level, constitutional court with limited jurisdiction in the state. The Delaware Court of Common Pleas is a trial-level court with limited jurisdiction. It handles misdemeanors (except certain drug offenses), and motor vehicle offenses, and conducts preliminary hearings for felony cases. In civil matters, it hears cases involving disputes up to $50,000, name change petitions, habitual offender hearings, and administrative appeals from the Division of Motor Vehicles. It also has appellate jurisdiction over cases from Alderman's Courts and the Justice of the Peace Courts, with most appeals going to the Superior Court.

The Court has nine judges across Delaware's three counties, five in New Castle, two in Kent, and two in Sussex, and includes three problem-solving divisions: a Drug Diversion Program, a Community Dispute Resolution Program, and a Mental Health Court.

Judges in this court are appointed by the governor, subject to state senate approval, and serve 12-year terms. The two commissioners have the authority to accept pleas, conduct preliminary hearings, and manage various "non-case-dispositive matters". One commissioner is assigned to New Castle County, while the other serves both Kent and Sussex counties.

Family Court

The Family Court has jurisdictionover family and juvenile matters. Civil appeals, including juvenile delinquency, go directly to the Supreme Court, while criminal case appeals go to the Superior Court. The court handles juvenile delinquency, child neglect, and abuse, adult misdemeanors against juveniles, child support, paternity, custody, adoptions, divorces, and other family-related issues. It also deals with misdemeanors involving domestic violence, but it is limited to adults charged with felonies or juveniles charged with serious crimes like murder or rape.

The Family Court has 17 judges and the Chief Judge with administrative responsibilities. The Chief Judge's main office is in New Castle County, which has ten judges, while Kent and Sussex Counties each have three judges.

The Family Court has branches in New Castle County, Wilmington, Kent County, Dover, and Sussex County, Georgetown.

Justice of Peace Court

The majority of criminal cases are first heard in this court, and they are administered by the Chief Justice of the Delaware Supreme Court. The court has jurisdiction over the following:

• Civil cases involving disputes up to $25,000, including debt, trespass, replevin, and landlord/tenant issues.
• Contractual disputes, replevin actions, and negligence cases (excluding physical injury).
• Misdemeanors.
• Motor vehicle offenses (excluding felonies).
• Violations of county codes, municipal ordinances, truancy cases, and specific violations related to fish and wildlife, alcohol, and other state regulations.
• Limited jurisdiction over juvenile offenses.

Appeals from the Justice of Peace Court are made to the Court of Common Pleas for both criminal and civil cases, except for landlord/tenant possession cases, which are appealed to a three-judge panel within the Justice of the Peace Court. The court issues summons, warrants, and search warrants, conducts initial appearances, sets bonds, and handles capiases for defendants who fail to appear or comply with court orders.

Justices of the Peace, or magistrates, are recommended to the Governor by the Delaware Magistrate Screening Committee. The Governor nominates a candidate, who must be confirmed by the Delaware Senate. Magistrates serve an initial four-year term, with reappointment terms of six years for the second and third terms and eight years for subsequent terms. The Chief Magistrate serves a 12-year term. To serve, candidates must be at least 25 years old and a Delaware resident.