Delaware Court Records Lookup
The following is for information purposes only
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How To Find Court Records In Delaware
If you are looking for Delaware court records, CourtCaseFinder can simplify the process. Instead of navigating multiple court websites, you can use our Instant Court Case Lookup to search public court records from all Delaware counties and cities in one place.
With just a name or case number, you can uncover case details, dockets, judgements, and more court information when available. This process can save you time and give you direct access to the information you need.
But what exactly are court records? In Delaware, they are official documents created by the courts during legal proceedings, whether civil lawsuits, criminal cases, probate filings, or family matters. They can provide insight into how cases are handled, the decisions made, and the outcomes that affect individuals and businesses.
Accessing these records is important for legal research or simply understanding your own case.
How To Access Delaware Public Court Records
CourtCaseFinder can help you quickly search for your desired case information without visiting multiple courthouses or navigating different court websites. With our database, you can obtain case details and dockets across Delaware courts with just a few clicks.
Besides our platform, you can access court records through official government channels.
In-Person Requests at Courthouses
The process for requesting Delaware court records in person begins at the clerk's office of the courthouse where the case was filed. Since each court in Delaware maintains its records, it's important to go to the correct location. You can use the state's official Court Hours and Locations directory to find the address and contact details of the courthouse you need.
When you arrive, court staff will usually ask for identifying information about the case, such as:
- Names of the parties involved
- Case number (if available)
- Type of case (criminal, civil, family, etc.)
- Approximate filing date or year
Most courthouses in Delaware also provide public access terminals where you can search the court's database to locate your case file. After identifying the correct record, you may request copies directly from the clerk. Fees usually apply per page, and certified copies cost extra.
Requests by Mail
Delaware courts also allow you to request records by mail if you cannot appear at the courthouse in person. To do this, you must send your request to the court clerk's office where the case was filed.
You can make your request letter by providing identifying information about the case. Some Delaware courts also provide official request forms that you can use. For example, the Justice of the Peace Court offers an Application for Access to Court Records (MISC35), while the Superior Court provides an Application for Access to Court Records (ADM_ADM_03_A).
Upon completing the forms, you must mail them to the respective court along with the required copy fees. A self-addressed stamped envelope is typically needed to allow the court to send your records back.
Online Access
For online court records access, the CourtConnect provided by the Delaware Judiciary is available. Depending on availability, this database gives access to civil cases, judgments, liens, and other filings across the state courts.
By entering a party name, business name, or case number, you can view docket entries, case statuses, and filing details.
Delaware Court Records: What is Public and What is Not?
The Delaware Freedom of Information Act makes most court records in the state public. This law promotes government transparency by allowing citizens to review judicial documents unless they are specifically exempt from disclosure.
Information typically included in Delaware public court records may consist of:
- Case numbers and filing dates
- Names of parties and attorneys
- Docket entries and court proceedings
- Judgments, orders, and sentencing details
- Motions and filings related to the case
However, not all records are available to the public. Some are sealed or restricted to protect privacy or sensitive information. Examples of records that are not public are:
- Juvenile court records
- Adoption and guardianship files
- Mental health or competency proceedings
- Expunged or sealed criminal records
- Certain family law cases (custody evaluations, abuse cases)
Who Oversees the Courts in Delaware?
The Administrative Office of the Courts (AOC) is the central agency responsible for administering all state and county courts in Delaware.
Leadership of the state judiciary is vested in the Chief Justice of the Delaware Supreme Court, who acts as the administrative head of the court system. The current Chief Justice, Collins J. Seitz, Jr., has held this position since November 8, 2019.
Day-to-day operations of the AOC are managed by the State Court Administrator, an official appointed by the Chief Justice. Under Delaware Code, Title 10, Chapter 1, Section 128, the Administrator's statutory responsibilities include:
- Overseeing daily court operations and budgets
- Managing statewide technology systems and electronic filing tools
- Coordinating court programs and services, such as the Judicial Information Center, law libraries, and the Office of State Court Collections Enforcement
What Types of Courts Exist in Delaware?
Delaware's judicial system consists of several courts, each with a distinct role in handling cases. From the state's highest appellate court to specialized trial courts, every court has its jurisdiction and responsibilities.
The table below shows a breakdown of Delaware's court structure, with information on each court's jurisdiction and the types of cases it commonly handles:
| Court Type | Jurisdiction | Common Case Types |
|---|---|---|
|
Highest appellate authority; reviews decisions from lower state courts; final interpreter of Delaware law. |
Appeals from Superior Court, Court of Chancery, and Family Court; death penalty reviews (when applicable); attorney discipline. |
|
|
Equity jurisdiction, no jury trials; specializes in corporate and fiduciary law. |
Corporate governance, shareholder disputes, mergers and acquisitions, trusts and estates, and guardianships. |
|
|
Statewide court of general jurisdiction; serves as the primary criminal and civil trial court. |
Felony criminal cases, civil cases with claims exceeding $75,000, medical malpractice suits, contract disputes, appeals from the Court of Common Pleas, and administrative agencies. |
|
|
Exclusive jurisdiction over family and domestic matters. |
Divorce and annulments, child custody and visitation, child support, adoption, juvenile delinquency, and domestic violence protection orders. |
|
|
Limited statewide jurisdiction over certain civil and criminal matters. Handles appeals from Justice of the Peace Courts and some administrative agencies. |
Misdemeanors, traffic violations, civil cases up to $75,000, preliminary hearings in felony cases, and appeals from Justice of the Peace Courts. |
|
|
Entry-level courts with limited jurisdiction; accessible to the public statewide. |
Small claims up to $25,000, landlord-tenant disputes, minor criminal misdemeanors, and traffic cases. |
What Federal Courts Are In Delaware?
The U.S. judicial system separates state courts and federal courts based on jurisdiction.
While state courts in Delaware handle matters arising under state law, federal courts have a different and more specialized role. They hear cases involving federal statutes, constitutional issues, conflicts between states or citizens of different states, and areas like patent law, bankruptcy, and securities regulation.
There is only one federal trial court in the state: the U.S. District Court for the District of Delaware. This court also oversees bankruptcy cases through its specialized U.S. Bankruptcy Court for the District of Delaware.
| Federal Court | Jurisdiction | Location & Contact Information |
|---|---|---|
|
U.S. District Court for the District of Delaware |
Hears federal cases arising in Delaware, including constitutional issues, federal crimes, civil disputes involving out-of-state parties, and specialized matters. |
Address: J. Caleb Boggs Federal Building, 844 N. King Street, Unit 18 Wilmington, DE 19801 Phone: (302) 573-6170 Website: https://www.ded.uscourts.gov/ |
|
U.S. Bankruptcy Court for the District of Delaware |
Handles all bankruptcy cases filed in Delaware, including corporate restructurings, Chapter 11 filings, and liquidation proceedings. |
Address: J. Caleb Boggs Federal Building, 824 N. Market Street, 3rd Floor, Wilmington, DE 19801 Phone: (302) 252-2900 Website: https://www.deb.uscourts.gov/ |
How Many Cases Are Handled Annually in Delaware Courts?
Delaware courts manage a heavy volume of cases each year across both federal and state systems.
According to the U.S. District Court for the District of Delaware 2024 Annual Report, 1,519 civil cases, 84 criminal cases, and 427 patent cases were filed in the Delaware District's federal court.
Meanwhile, the 2023 Annual Report and Statistical Report of the Delaware Judiciary provide case statistics of the state courts:
- Supreme Court: 491 filings and 453 dispositions
- Court of Chancery: 1,310 filings and 1,240 dispositions
- Superior Court: 15,321 filings and 15,257 dispositions
- Family Court: 38,969 filings and 39,279 dispositions
- Court of Common Pleas: 98,021 filings and 65,807 dispositions
- Justice of the Peace Court: 215,629 filings and 214,510 dispositions
Here is an approximate breakdown of the most common case types handled by the Delaware courts in recent years:
| Case Type | Approx. Annual Volume |
|---|---|
|
Civil Cases |
~30,000 |
|
Criminal and Traffic Cases |
~185,000 |
|
Misdemeanor Cases |
~98,000 |
|
Juvenile Delinquency Cases |
~3,000 |
|
Family Cases |
~31,000 |
|
Adult Criminal Cases |
~5,000 |
|
Felony Cases |
~3,000 |
|
Estate and Probate Cases |
~3,000 |
Note:The breakdown above highlights only the major case categories and does not represent all case types handled by Delaware courts. For a complete caseload summary, including specialized case categories, refer to the annual and statistical reports mentioned above.
How Do I File a Case in Delaware Courts?
Before navigating the Delaware court system, it's important to understand the filing process. The following is a step-by-step guide to help you file a case in Delaware courts:
Identify Your Court
The first and most important step is determining which Delaware court has jurisdiction over your case. There are different types of courts in the state, and filing in the wrong court can cause delays or even dismissal of your matter. To avoid this, carefully review the nature of your case and consult the Overview of Delaware Courts before submitting any paperwork.
Complete the Required Court Forms
After identifying the correct court, the next step is to gather and fill out the appropriate filing forms. Each court in Delaware provides specific forms depending on the type of case, such as civil complaints, family petitions, or criminal filings.
Most forms can be downloaded from the Delaware Courts Forms page. Be sure to fill them thoroughly, as incomplete or incorrect filings may be rejected. If you need assistance, the Delaware Courts Online Self-Help Center can provide guidance through the process.
File Your Forms With the Court
After preparing your documents, the next step is to file them with the correct Delaware court. You can file in person at the clerk's office, by mail, or, in many courts, through electronic filing (eFiling).
eFiling has become the standard for most Delaware courts because it streamlines the process and immediately confirms that your documents have been received. Different courts use different eFiling platforms:
- Supreme Court, Court of Chancery, and Superior Court: File & ServeXpress
- Court of Common Pleas: File & Serve Delaware
- Justice of the Peace Court: Delaware eFlex
The eFiling services require account creation. Once filed, you will receive a time-stamped copy of your documents, which serves as official proof of filing.
Note:The Family Court does not currently accept eFiling. All filings for family-related matters (such as custody, divorce, or support cases) must be submitted in person at the clerk's office.
Pay the Filing Fees
Most case types in Delaware require payment of a filing fee at the time you submit your documents. These fees vary depending on the court and the type of case you are filing. Payment can be made typically using cash, check, money order, or card.
To check the current fee for your case, visit the Delaware Judiciary's official Fees and Filings page and select the appropriate court's fee schedule. If you cannot afford the filing fee, you may request a waiver by submitting an Application and Affidavit to Proceed In Forma Pauperis (Civil Form 49).
Serve the Other Party
After your case has been filed and accepted by the court, you must formally notify the other party. This step informs the opposing party of the case and allows them to respond.
Usually, the sheriff's office or licensed process servers handle this step by personally delivering copies of the filed documents to the other party. If allowed by the court, service may also be completed through certified mail.
How Is the Delaware Court System Unique?
The Delaware court system is unique because of its specialized structure. Most notably, the Court of Chancery is renowned for handling corporate and business law disputes without juries. This court plays a pivotal role since many major companies are incorporated in Delaware.
In addition, Delaware operates several specialty courts within its Court of Common Pleas. One example is the Mental Health Court, which addresses underlying issues contributing to criminal behavior.
Delaware Courthouses, Sheriff's Offices, Police Departments, Jails, & Prisons
Where to Find Additional Information About Delaware Courts?
FAQs
Where Should I File for a Divorce?
Delaware divorce cases must be filed in the Family Court of the county where either spouse resides. The Family Court handles divorce, custody, and other domestic matters. Filing must be done in person, as eFiling is not available.
Which Court Handles Felony Criminal Charges?
Felony criminal charges in Delaware are handled by the Superior Court, which has exclusive jurisdiction over all felony cases, as well as drug-related offenses and certain appeals.
What Court Should I File Charges in if I Am Being Evicted?
The Justice of the Peace Court handles eviction cases in Delaware. Specifically, it oversees landlord-tenant disputes, including summary possession actions.
How To Sue Someone for Less Than $25,000, Which Court to Use?
If you want to sue someone for $25,000 or less in Delaware, file your case in the Justice of the Peace Court, which handles small claims matters. You can file a Complaint Form in court or online through Delaware eFlex.
Can I Represent Myself in Courts Without an Attorney?
You can represent yourself in Delaware courts without an attorney. However, remember that you must still follow the same court rules and procedures as a licensed lawyer.
What Happens if I Miss a Court Date?
Missing a court date in Delaware can lead to serious consequences. Among the repercussions are judges issuing a bench warrant for your arrest or even having a default judgment against you. Always contact the court immediately if you cannot attend.
How Can I File an Appeal if I Disagree With a Court's Decision?
If you disagree with a Delaware court's decision, you may file an appeal with the Delaware Supreme Court. The process involves filing the appropriate appeal form within strict deadlines. Refer to this Filing an Appeal guide for more information about the appeal process.
Are Court Proceedings Open to the Public?
Court proceedings in Delaware are generally open to the public through in-person attendance at the courthouse and, in some instances, live streaming or remote audio access. This allows members of the public, media, and interested parties to observe hearings, trials, and oral arguments unless the court orders otherwise for confidentiality reasons.
How Long Does It Typically Take for a Case To Be Resolved in the Trial Court?
The length of time it takes to resolve a case in Delaware trial courts depends on its type and complexity. In general, simple matters, like small claims, may be resolved in weeks or months, while complex civil or felony cases may take over a year.
How Can I File a Complaint Against a Judge or Court Staff?
If you want to file a complaint against a judge or court staff, file it with the Court on the Judiciary. You must submit an official complaint form to initiate this process.
Can I Access Court Hearings Remotely, and How?
Yes, many Delaware courts provide remote access to hearings through Zoom or telephone. One prime example is the Family Court remote hearings regarding custody, visitation, and support cases. Notices on these hearings usually come with access details.
Are There Specific Courts That Handle Environmental or Business Disputes?
In Delaware, the Court of Chancery is the primary forum for business disputes, particularly those involving corporations, mergers, and fiduciary matters. Environmental disputes are typically handled by the Superior Court.
Can I Access Court Records for Free?
Yes, many Delaware court records, especially basic case information, are available to the public for free through the CourtConnect system. However, certified copies or more detailed documents may require an access fee.
How Can I Search Delaware Court Records by Name?
The primary way to search Delaware court records by name is through CourtConnect. Utilize the platform's search by person name capabilities, and you can locate case details by simply entering last name, first name, and middle name.
How Far Back Do Online Delaware Public Court Records Go?
Court records available online through CourtConnect do not have a fixed retention period, and access may vary by court. For older records that are not digitized, an in-person visit to the courthouse is typically needed for access.
Are Civil and Criminal Case Records Accessed Through the Same Online System?
Yes, both civil and criminal case records can be accessed online through CourtConnect. Users can typically search by party name, case number, or other identifiers to view case details, dockets, and filings, depending on availability.
Is There a Way To Be Notified of Updates to a Court Case I'm Following?
In Delaware, notifications are available only for cases filed through the eFiling system. For example, the Justice of the Peace Court uses emails and/or eFlex notifications to inform you about activity on your case, such as a scheduled hearing or a new filing by another party.
Are Probate and Family Court Records (e.g., Divorce, Custody) Fully Public?
Most Family Court records in Delaware are publicly accessible. However, sensitive details like juvenile and medical information are often sealed from public view. For more information on which family and probate records are restricted, refer to the Family Court Public Access Policy.
Can I Request Redacted Copies of Court Records That Contain Sensitive Information?
Delaware courts allow individuals to request redacted copies of court records. Typically, you submit a written request to the court clerk, specifying which documents and information should be redacted. The clerk will review your request and provide you with the redacted copy.
Can I Request Bulk Access To Court Records or Data for Research Purposes?
Researchers or organizations may request bulk access to court records for academic, statistical, or analytical purposes. Requests may be submitted in writing to the appropriate court detailing the scope, purposes, and intended use of the data. Approval is subject to court review and privacy restrictions, and requests may involve applicable fees.
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