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What are Delaware Court Records?

What are Delaware Court Records?

Delaware is the sixth-least populous state in the United States, with about 1 million residents. The Supreme Court, Administrative Office of the Courts, Court of Chancery, Superior Court, Court of Common Pleas, Family Court, and Justice of the Peace Court, each with its jurisdiction, all make up the three-tiered court system in Delaware. Delaware handles between 200,000 and 500,000 caseloads annually.

Court records in Delaware are accessible and hence considered public, except for juvenile and family law matters like custody disputes or sensitive personal information. Records that are part of ongoing investigations or contain confidential information may also be restricted.

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.

Types of Court Cases

Delaware's court system deals with different case types, mainly categorized by the type of law involved and the court in which they are heard. Similar to other states, there are two court cases in Delaware:

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.

What Are the Different Courts in Delaware?

Delaware's court system is unified under the Supreme Court, with trial courts divided by subject matter rather than geography. The judiciary received an enacted state budget of about $141.9 million for fiscal year 2026.

Court LevelCourt NameJurisdictionKey Functions
AppellateSupreme CourtStatewide; five justicesReviews criminal and civil appeals from Superior, Chancery and Family Courts and answers certified questions
General JurisdictionCourt of ChanceryStatewide equity jurisdictionDecides corporate, trust, estate and fiduciary disputes without a jury
General JurisdictionSuperior CourtStatewide; sits in New Castle, Kent and Sussex CountiesHears felonies, major civil cases and appeals from lower courts and agencies
General JurisdictionFamily CourtStatewide; three county locationsHandles divorce, custody, support, juvenile delinquency and adult family offenses
Limited JurisdictionCourt of Common PleasStatewide; three countiesHears misdemeanors, civil cases and felony preliminary hearings
Limited JurisdictionJustice of the Peace CourtStatewide; local courts in each countyHandles initial appearances, traffic and minor criminal cases, and civil disputes up to $25,000
Limited JurisdictionAlderman's CourtsCertain municipalitiesHear local ordinance and traffic matters; independent of the state court system

How Many Federal Courts Are in Delaware?

How Many Federal Courts Are in Delaware?

Delaware has one federal district court, known as the U.S. District Court for the District of Delaware. This court consists of four judges, nominated by the U.S. President and confirmed by the U.S. Senate. They serve lifetime terms.

Federal courts have jurisdiction over specific areas governed by federal law, including bankruptcy, patents, copyrights, and admiralty or maritime law. Each district court has a specialized bankruptcy court that handles bankruptcy cases. Decisions made by the Delaware District Court can be appealed to the Third Circuit Court of Appeals.

How Many Court Cases Are Filed Each Year in Delaware?

Delaware's trial courts received an estimated 349,000 filings in fiscal year 2025 (July 1, 2024 to June 30, 2025), counting each case in the court that tries it. Traffic is estimated, and overall clearance was about 85.9%, with the Court of Common Pleas and civil dockets growing faster than dispositions.

Case TypeAnnual Filings% of TotalCommon Offense/SubtypeClearance Rate
Traffic~140,000~40.1%Minor traffic offenses in Justice of the Peace Court, including Voluntary Assessment Center payments~96.9%
Criminal95,13327.3%Felonies in Superior Court, misdemeanors in Court of Common Pleas and adult criminal matters in Family Court76.1%
Civil39,43511.3%Superior Court and Chancery civil cases, Common Pleas civil cases and landlord-tenant matters~65.3%
Small Claims30,1298.6%Debt, contract and trespass complaints up to $25,000 in Justice of the Peace Court~78.7%
Domestic Relations36,91510.6%Divorce, custody, support, protection from abuse and guardianship93.8%
Juvenile3,4461.0%Juvenile delinquency felonies, misdemeanors and traffic111.8%
Other3,7701.1%Estates and guardianship matters in the Court of Chancery91.6%
Total~348,828100%—~85.9%

How Do I Look Up Court Cases in Delaware?

How Do I Look Up Court Cases in Delaware?

Individuals in Delaware can search for court cases online through two primary resources: Delaware Court Connect, which provides access to civil cases, and the Delaware Courts website, where opinions and orders from appellate courts are available. These platforms are regularly updated and publicly accessible.

Public Access Terminals are available at courthouses, and they provide access to case information. For detailed records, individuals can request copies from the Clerk of the Court where the case was filed.

Alternatively, individuals can use PACER (Public Access to Court Electronic Records) to search for federal court cases in Delaware. PACER provides access to case and docket information from federal appellate, district, and bankruptcy courts. It is important to note that a fee may be charged for this.

Number of Active Judges — State & Federal

Delaware's judges serve on the Supreme Court, five trial courts of statewide jurisdiction and the Justice of the Peace Court, plus the federal district court. Counts reflect judicial positions reported in the fiscal year 2025 annual report.

CourtJurisdictionActive JudgesSelection Method
Supreme CourtStatewide appeals5Appointed by the Governor with Senate confirmation; 12-year terms
Court of ChanceryEquity, corporate and fiduciary disputes7Appointed by the Governor with Senate confirmation; 12-year terms
Superior CourtFelonies, major civil cases and appeals from lower courts21Appointed by the Governor with Senate confirmation; 12-year terms
Family CourtFamily and juvenile matters18Appointed by the Governor with Senate confirmation; 12-year terms
Court of Common PleasMisdemeanors, civil cases and preliminary hearings9Appointed by the Governor with Senate confirmation; 12-year terms
Justice of the Peace CourtInitial appearances, minor criminal, traffic and civil cases62Appointed by the Governor from a screening committee list, with Senate confirmation
U.S. District Court, District of DelawareFederal civil and criminal cases4Nominated by the President; confirmed by the Senate; life tenure
Total Active Judges—126—

What Court Records Are Not Available to the Public in Delaware?

In Delaware, records that are not available to the public include:

  • Cases involving minors are often sealed to protect their privacy.
  • Details of domestic relations cases, such as divorce, child custody, and support, are usually confidential.
  • Adoption proceedings and records are generally sealed.
  • Exemptions by State Statutes, including Medical Records, Personnel Records, Trade Secrets, Records of Potential Litigations Not Yet Filed

Average Case Processing Time & Clearance Rates

Processing times in Delaware depend on the case type and the court: Justice of the Peace matters conclude in weeks, while Superior Court civil and felony cases take many months. Durations are estimates unless noted, and clearance rates compare dispositions with filings.

Case TypeCourt LevelAverage Processing TimeDescriptionClearance Rate
Traffic & ParkingLimited Jurisdiction~30–60 daysMost tickets are paid through the Voluntary Assessment Center or resolved at an early Justice of the Peace hearing~96.9%
Small ClaimsLimited Jurisdiction~2–3 monthsHeard by a Justice of the Peace magistrate with a trial date set within weeks; many cases settle or end by default~78.7%
Misdemeanor CriminalLimited Jurisdiction~4–8 monthsCourt of Common Pleas cases usually end in a plea after case review; contested cases are set for bench or jury trial73.5%
Civil CasesGeneral Jurisdiction~12–24 monthsSuperior Court civil cases move through discovery, motions and trial; many settle, and filings recently outpaced dispositions85.9%
Domestic RelationsGeneral Jurisdiction~4–8 monthsFamily Court cases move through mediation and hearings before a judge or commissioner; divorces follow a statutory waiting period93.8%
Felony CriminalGeneral JurisdictionAbout 282 daysSuperior Court felony cases average this long from arrest to disposition, and most end in guilty pleas100.6%

Court Case Types