Delaware Court Case Lookup

Delaware Court Case Lookup

In Delaware, a court case is a dispute between two or more parties that goes to court in search of a resolution to the matter. Delaware court cases can be categorized into three types: criminal, civil, and administrative. These cases are heard and resolved at different levels of the state court system.

There are mainly six (6) levels of Delaware’s court system, and each level has unique jurisdiction over different types of court cases. Delaware’s court system levels are as follows; Justice of the Peace Court, the Court of Common Pleas, the Superior Court, the Court of Chancery, and the Supreme Court.

The Justice of the Peace Court is the lowest level of Delaware’s court system, and It is considered the initial entry level into the state’s court system for most Delawareans. This level of the state court system has jurisdiction over civil case disputes of less than $25,000. These courts also have jurisdiction over certain misdemeanors and motor vehicle criminal cases.

The Court of Common Pleas has jurisdiction over civil cases where the disputed amount is not more than $75,000 (excluding interest). These courts also have jurisdiction over all misdemeanor offenses in Delaware, except certain traffic and drug offenses. All preliminary hearings in felony cases and permissible appeals of Justice of the Peace Courts judgments are heard at these courts. Generally, there are only three (3) Courts of Common Pleas locations in Delaware.

Family Courts have extensive jurisdiction over all family and juvenile court cases. There are a total of four (4) family court locations in Delaware. The Superior Court is the state’s court of general jurisdiction that has original jurisdiction over criminal and civil cases except for equity cases. The superior court also has exclusive jurisdiction over felonies and most drug offenses. These courts can also serve as intermediate appellate courts and hears criminal case appeals. There are only three (3) superior court locations in Delaware.

The Court of Chancery has jurisdiction over all court cases relating to equity, and it is also responsible for developing case laws on corporate matters in Delaware. Lastly, the Supreme Court is the state of Delaware’s appellate court, where judgments issued by the Court of Chancery, Superior Courts, and Family Courts can be appealed.

There are primarily two ways to lookup Delaware court cases; remotely or in person. Record seekers may lookup a Delaware court case in person by visiting the clerk's office of the courthouse where the case was filed. Depending on the court, records seekers may be required to pay a fee for search requests they make through a court clerk.

There are two options for looking up court cases in Delaware remotely. Interested persons can lookup civil court cases heard at the Superior Courts, Court of Common Pleas, and the Justice of the Peace Courts through the CourtConnect portal. On the portal, record seekers can lookup relevant court cases by searching for a case using specific parameters about the case. These include the case’s party's name, business name, or case type.

Alternatively, record seekers can use the order and opinions portal provided on the Delaware court's official website. On this portal, record seekers can lookup civil cases, criminal cases, and complex commercial litigation orders and opinions from all Delaware courts. A court order is a decision or judgment made by a court that directs a party to a case to do something or not do something. Meanwhile, a court opinion outlines the reasoning for the court's decision in a case.

Are Court Cases Public Record in Delaware?

Yes, under Delaware’s Freedom of Information Act (FOIA), all records produced, retained, and maintained by any public body or agencies in Delaware are publicly accessible. Since courts are considered public agencies, court case records are public records in Delaware. Hence, the general public can inspect and copy records maintained by courts, such as case filings, judgments, and descriptions. However, certain court cases are not subject to public disclosure by law or pursuant to a court order. These include cases whose disclosure would constitute an unwarranted invasion of an individual's personal privacy.

Can I Get Delaware Court Case Documents Online?

The Court Connect and the order and opinion portal provide access to non-confidential Delaware court case documents. These portals are maintained on the Delaware Courts official website and can be accessed by the general public. The primary distinction between the two portals is the type of case information each contains.

The CourtConnect only contains information on civil cases heard at the Superior Court, Court of Common Pleas, and Justice of the Peace Court. On the other hand, the order and opinion portal contains opinions and orders for criminal cases, civil cases, and complex commercial litigation heard by Delaware's six different types of courts.

How to Conduct a Delaware Court Case Search by Name

Interested persons can conduct a Delaware court case search online by a case’s party name through the CourtConnect portal. As mentioned earlier, inquirers can only use the CourtConnect portal to search for civil court cases heard at the Superior Court, Court of Common Pleas, and Justice of the Peace Court. Inquirers must provide a case party’s last name or company name to search the CourtConnect portal. Inquirers can also provide other information about a case to filter down the results. These include a case party’s full name, the case filing date (beginning and ending date), and the case type.

Information on other types of court cases (criminal and civil cases heard by other types of court) are accessible online through the order and opinion portal. The portal allows interested persons to search for Delaware court cases by name when they fill out the “search” input filed with a case party's last name. Other information about the case, such as the type of court and the decision date, can also be provided to filter down search results. Inquirers may also visit the court where the case they want to lookup was filled to conduct a court case search by name. Depending on the court, inquirers may be charged a search fee for their request.

What is a Court Case Number?

A court case number is a unique set of characters assigned to every case filed in court by a court’s clerk office. A case’s court case number typically appears in every court document filed in the case. A court case number allows the court to correctly identify cases as they proceed through the court’s system. Depending on the type of court where a case was filed, court case numbers can contain numbers, letters, and special characters (like hyphens). Besides being used as a case management tool, the general public can use a court case number to identify official court documents and information about a court case.

How to Conduct a Case Number Search in Delaware

Interested persons can use the CourtConnect portal to conduct a case number search in Delaware. Provided the case number belongs to a civil court case heard at the Superior Court, Court of Common Pleas, or Justice of the Peace Court. To use the portal to conduct a court case search, the inquirer must select the third search option, “display case information and activities,” on the portal’s home page. Doing this would lead the user to a docket report page where they can input a civil case number on the input field labeled “case ID” to conduct a case number search.

Alternatively, inquirers can visit the courthouse in person to use public terminals to conduct a case number search. According to a publication published on the Delaware courts website, one must schedule an appointment at least 24 hours before using public terminals. Interested persons can schedule an appointment by calling or emailing the court. The publication includes contact information for Delaware courthouses by county.

How to Remove Court Cases From Public Record in Delaware

In Delaware, interested parties can remove court cases from public records through a process known as record expungement or sealing. However, only specific cases and cases belonging to eligible persons can be expunged in Delaware.

Depending on the type of case, interested persons can apply for a case’s expungement through the Delaware State Bureau of Investigation (SBI) or petition a court. Generally, the SBI processes expungement applications for cases that qualify for mandatory expungement. Meanwhile, discretionary expungement applications are processed through state courts. Regardless, when a case has been expunged, it becomes no longer visible to the general public.

The law regulating Delaware's expungement procedure is Title 11, Chapter 43 of the Delaware Code. Under §4373 of Title 11, a court case may qualify for mandatory expungement through the SBI if it has any of the criteria listed below:

• The case was terminated in favor of the accused.
• Cases involving eligible felony, misdemeanor, and violation convictions. Provided the defendant has completed the applicable wait period for the offense. The following are some examples of felony convictions that are eligible after ten (10) years have passed since the defendant’s conviction or release from incarceration (whichever is later);
  • Miscellaneous drug offenses
  • Second-degree forgery
  • Possession of burglary tools
• Drug and alcohol-related offenses.

On the other hand, an offender’s court case can qualify for discretionary expungement if they do not have prior or subsequent convictions. Some example of court cases that qualifies for discretionary expungement includes the following:

• Cases involving misdemeanor convictions eligible for mandatory expungement after three years have passed since the conviction.
• Cases involving misdemeanor convictions that do not qualify for mandatory expungement under Title 11§ 4373(b). After seven years, the defendant may request a discretionary expungement.
• Cases involving nonviolent felony convictions after a seven-year waiting period has passed.

Furthermore, one can also petition for discretionary expungement following a pardon under Title 11§ 4375.

How to Check a Court Case Status in Delaware

Interested persons can check the status of a civil court case heard at the Superior Courts, Court of Common Pleas, and the Justice of the Peace Courts through the CourtConnect portal. On the portal, users can search for a court case using the case number/ID or the case’s party name. Search results would reveal relevant court case status.

For criminal and civil court cases filed at other types of court in Delaware, inquirers would need to visit the courthouse directly to check relevant cases' status. Most courthouses have public terminals interested persons can use to check information about a case filed in the courthouse, including a case’s status. These terminals are typically accessed with a case number/ID or a case’s party name. Note that one would need to schedule an appointment 24 hours ahead of time to use public terminals at Delaware courthouses.

How to Find Supreme Court Decisions in Delaware

the easiest way to find Delaware Supreme Court decisions (also known as “opinions”) is through the Opinions and Orders portal maintained on the Delaware courts website. Interested people can find all opinions and orders issued by the six different Delaware court levels on the portal. Case decisions are provided in tabulated format on the portal, and users can search for a specific case by providing the case number/ID on the input field labeled “Search”. There are more than 60 Supreme court opinions and orders on the portal.

What Percentage of Court Cases Go to Trial in Delaware?

Although thousands of court cases are filed in different courts in Delaware each year, only a small percentage of cases actually go to trial. The Delaware Administrative Office of the Courts (AOC) prepares annual reports that include a thorough account of the various levels of court caseloads. However, these reports do not include a breakdown of every court's caseload that went to trial. Only the Superior Court criminal caseloads that went to trial are detailed in these reports.

According to the 2022 annual report, out of 5,427 criminal cases filed throughout the state’s Superior Courts, only 129 (2.3%) cases went to trial. 116 (89.9%) cases proceeded to jury trials, while 13 (10.1%) cases proceeded to non-jury trials.

How Long Does a Court Case Last in Delaware?

The Delaware legislature has not set a limit on how long a court case must last. As a result, the length of time it may take to resolve a court case largely depends on the issue's complexity. While some court cases can be resolved in a matter of days to a few weeks, others might take months or even several years.

How to File a Case in Court in Delaware

The act of formally initiating a legal action by submitting a complaint or petition to a courthouse clerk is referred to as "filing a case".

The first step in filing a civil action in Delaware is deciding which court to file the case in. As previously stated, each level of court in Delaware has jurisdiction over specific types of cases. Civil cases in the state can be brought before the Justice of the Peace Court, Court of Common Pleas, or Superior court. The difference is that the Superior Court has original jurisdiction over civil cases. Meanwhile, civil actions where the disputed amount is under $25,000 and $75,000 are under the jurisdiction of the Justice of the Peace court and the Court of Common Pleas, respectively.

After determining the court with proper jurisdiction, an individual or company (the plaintiff) can commence a civil action by filing a civil complaint with the courthouse clerk. The plaintiff must pay the required filing fee and may also need to complete and file additional legal forms. Plaintiffs are advised to file their cases in the proper courthouse in their own county, the defendant's county, or the county where the dispute initially arose.

The complaint and other legal documents are used to inform and provide information to the court about the dispute. The court can only preside over a case. These forms can either be submitted in person or electronically, depending on what the court allows. Petitioners are advised to contact the court to ask about its filing processes or to seek legal counsel from a competent attorney. Petitioners can learn more about filing a civil action in the Justice of the Peace Court on the JP_startcivil page of the Delaware court website. For more information on filing a civil case in the Court of Common Pleas, visit the CCP_civil page. For additional information on general civil lawsuits (such as filing fee costs), visit the general civil page.

In Delaware, the filing process for criminal cases is similar to that of civil cases. The main distinction is that the plaintiff is a state-hired prosecutor in criminal cases, and the legal documents filed in court typically contain charges against an offender.

What Does It Mean if a Court Case Was Resolved Before the Trial Date?

A case being resolved before the trial date can imply that parties in the case were able to come to an agreement that settles the case without the need for a trial. For criminal cases, this can include a defendant accepting a plea bargain for the dismissal of some charges or leniency during sentencing.

The case’s parties may also petition the court to dismiss the case before the case’s trial. Under the Rules of Civil Procedure, Rule 41, a court can also issue an order to dismiss a case. This order can be issued for various reasons, including failure to comply with rules, statutes, orders issued by the court, or for a party’s failure to prosecute the action diligently.

People accused of non-serious drug charges, such as misdemeanor marijuana offenses, can complete diversion programs and have their cases dismissed before trial. The offender must first enter a guilty plea to their charges, but their case is later dismissed once they complete drug diversion treatment.