Delaware state court system
Understanding how the system of Delaware state court works is very important as it helps you find court records easily.
Delaware Courts Overview
The trial court system of Delaware State consists of Alderman’s Courts, Justice of the Peace Courts, Family Courts, Courts of Common Pleas, Courts of Chancery, and Superior Courts.
To make your work easier, start searching for court records in Delaware by simply going to courts by county.
Delaware Superior Courts
Delaware Superior Courts have general and original jurisdiction over criminal and civil cases with exception of equity cases which fall under the jurisdiction limit of the Court of Chancery. Typically, Superior Courts hear cases that fall beyond the jurisdiction limit of other courts.
They have limited jurisdiction over most drug-related offenses and felony cases. These courts handle civil cases of any amount of money in dispute. Besides, Superior Courts also hear appeals decisions from some agency. Generally, these courts don’t handle domestic or equity related and probate case.
Delaware Courts of Chancery
Delaware Courts of Chancery generally handle most probate cases and complex commercial cases. They have jurisdiction over equity cases involving disputes, which have no enough remedy in statute or common law.
Typical cases that Courts of Chancery handles include fiduciary issues, corporate matters, estates, trusts, disputes over title to real estate, disputes of the sale and purchase of land, and other contracts and commercial cases.
Besides, Courts of Chancery also hears certain types of business disputes, certain types of technology disputes, and certain types of disputes that involve restrictions or deed covenants.
Delaware Courts of Common Pleas
These courts have exclusive jurisdiction over certain types of criminal and civil cases. They have criminal jurisdiction over felony preliminary hearings, and most misdemeanors. Court of Common Pleas may also hear some traffic offenses and some drug-related offenses.
Courts of Common Pleas can handle most general civil cases with below $50,000 in dispute, excluding interest. They can also have jurisdiction over third-party claims, cross-claims, and counterclaims that are filed. They can also order judgments on all these claims with greater than $50,000 in dispute.
Superior Court may also assign any case to Courts of Common Pleas. Jury trial cannot happen in these courts.
Delaware Family Courts
These courts have jurisdiction over the majority of cases involving juvenile or family matters, including certain criminal cases.
Criminal cases that Family Courts handle include non-felony offenses committed against a family member by another family member, misdemeanors committed against a child, protective orders violations, delivery or sale of weapons or alcoholic beverages to a child, sexual assault on a child, interference with custody, and misdemeanor non-support.
Civil cases that Family Courts handle include child custody and visitation, divorce, annulment, child support, division of property jointly owned by people who are no longer married to each other, majority of juvenile delinquency, family abuse prevention, child neglect, and some disability rights enforcement.
They share jurisdiction over alleged curfew violations with Justice of Peace Courts.
Delaware Justice of the Peace Courts
These courts have exclusive jurisdiction over certain types of juvenile, criminal and civil cases. Typical criminal cases that Justice of the Peace Courts hear include certain preliminary hearings for all criminal cases, certain misdemeanors, and majority of non-felony motor vehicle cases.
Typical civil cases that these courts handle include torts, contracts, distress for rent, summary possession (eviction), trespass on land, injury to real property, and taking or damage of personal property. Civil jurisdiction for civil cases is basically limited to claims below $15,000, exclusive of interest.
Delaware Alderman’s Courts
These courts have jurisdiction over traffic and parking cases, some misdemeanor criminal cases, and minor civil cases within their town or city limits.
The town or city charter sets the specific jurisdiction of every Alderman’s Court, and qualifications and selections of Aldermen with the authorization of the General Assembly. Some town or city charters usually require that Aldermen must be lawyers.
The Official Website of Delaware County
Wilmington Wilmington, DE City of Wilmington, Delaware
Dover City of Dover, Delaware – City Clerk
Newark Newark, DE – Official Website The City of Newark has long been recognized as a diverse, inclusive community. Its residents, businesses and government are focused on caring for others, communicating openly, continually learning, and cultivating innovation. We want all who work, live and visit to feel welcome and valued. The various cultures, beliefs and traditions of our neighbors and visitors are among the greatest qualities Newark has to offer, ensuring it has and will continue to be a welcoming city for all who come here.
Middletown Town of Middletown, Delaware
Smyrna Town of Smyrna – Official Website
Milford Milford, DE – Official Website
Seaford City of Seaford
Georgetown Town of Georgetown – The Official Site of Sussex County’s Seat Municipal website about the Sussex county seat, including department services, community directory, codes and ordinances, and job openings.
Elsmere Town of Elsmere
New Castle City of New Castle – New Castle County Delaware
Millsboro The TRULY Probusiness, Profamily Town. Ask Anyone! – The Town of Millsboro Delaware 1st for growth. According to the 2018 Report on State Planning Issues, Millsboro ranks #1 out of the 25 Sussex County cities for number of residential building permits issued – a leading indicator of population growth. This is especially noteworthy given that Sussex County is the fastest-growing county in the State of Delaware.The bestlocation.The Townis situated along US 113 (a 4-lane highway), SR 24, SR 20, and SR 30and less than 20 miles from the coastal communities of Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, and Ocean City (MD).Emerging employment and retail center.Millsborolowered impact fees by about 25% in an effort to further enhance its reputation as a destination for employers and retailers. Delmarva Health Pavilion, BJ’s, and Merck are just a few of the many names that callthe Townhome.Welcoming to professionals and families alike. There is no sales tax. Property taxes and crime rates are low. The Indian River School District, which serves Millsboro, enjoys a solid reputation and, like the Town, is growing rapidly. Recreational opportunities include a boat ride on the Indian River (which provides direct access to the Atlantic Ocean) or a trip to Millsboro Lanes for bowling or arcade time, and cultural opportunities include a visit to the gallery at the Greater Millsboro Art League facility.To learn more, call (302) 934-8171 or send an e-mail to firstname.lastname@example.org.
Laurel Town of Laurel
Harrington City of Harrington – Kent County Delaware
Camden Town of Camden – Kent County Delaware
Clayton Town of Clayton, DE – Official Website
New Castle County New Castle County, DE – Official Website
Sussex County Sussex County
Kent County Kent County Levy Court The official home page for the Kent county levy court in Kent county Delaware. Kent County Levy Court is your County government. The Levy Court is composed of seven elected Commissioners, six of whom are elected from the districts in which they reside and the seventh is elected at-large to represent the entire County. The Levy Court is the highest executive power that exists in Kent County, Delaware. It is charged with overseeing the daily operations of Kent County government. The Levy Court was established in 1655 when the Delaware General Assembly, then under Dutch control, enacted legislation that called for taxes to be levied on all land owners in Delaware.