Delaware’s court structure is made up of six courts arranged in a clear hierarchy: the Justice of the Peace Court at the entry level, the Court of Common Pleas above it, three trial courts of broader authority (Superior Court, Family Court, and the Court of Chancery), and the Supreme Court at the top. Each court has a defined jurisdiction, and cases move up through the system on a set path when a party appeals. One feature sets Delaware apart from most states: it still runs a standalone equity court, the Court of Chancery, which handles corporate and business disputes without juries.1Delaware Courts. An Overview of the Delaware Court System
Supreme Court
The Supreme Court sits at the top of the system. It does not hold trials or hear new evidence. It reviews decisions from the lower courts to determine whether legal errors occurred, whether the law was applied correctly, and whether the record supported the outcome. Its interpretations of Delaware law bind every court below it.
Five justices serve on the court: a Chief Justice and four associate justices, all appointed by the governor, confirmed by a majority of the state Senate, and serving 12-year terms.2Delaware Courts. Delaware Courts – Judicial Officers No more than three of the five may belong to the same major political party.3FindLaw. Delaware Constitution Art IV 3 – Appointment of Judges, Terms of Office, Vacancies, Political Representation, Confirmation of Appointment
The court hears appeals from the Superior Court, the Court of Chancery, and the Family Court.1Delaware Courts. An Overview of the Delaware Court System It also oversees the legal profession. The Office of Disciplinary Counsel operates under the Supreme Court’s authority and investigates complaints against attorneys, with power to bring formal proceedings for violations of the Delaware Lawyers’ Rules of Professional Conduct.4Delaware Courts. Office of Disciplinary Counsel Because more than a million business entities are incorporated in Delaware, the court’s corporate-law rulings carry weight well beyond the state.
Court of Chancery
The Court of Chancery is what makes Delaware genuinely different. It is a dedicated equity court, which means it resolves disputes by applying principles of fairness rather than awarding money damages. There are no juries. Chancellors and vice chancellors hear cases directly and have broad discretion to craft remedies such as injunctions, orders requiring a party to perform a contract, and supervision of business transactions.5Delaware Courts. Court of Chancery
Its judges are appointed by the governor, confirmed by the state Senate, and serve 12-year terms, like judges on Delaware’s other major courts.3FindLaw. Delaware Constitution Art IV 3 – Appointment of Judges, Terms of Office, Vacancies, Political Representation, Confirmation of Appointment
The court has exclusive jurisdiction over disputes involving fiduciary duties, shareholder rights, and mergers and acquisitions. It handles challenges to board decisions, hostile takeover defenses, and claims that corporate officers breached their duties to the company or its shareholders.6Delaware Division of Corporations. Litigation in the Delaware Court of Chancery and the Delaware Supreme Court Beyond corporate matters, Chancery handles trust and estate disputes, real property conflicts, contract enforcement where the remedy sought is performance rather than damages, and challenges to state government actions.
Superior Court
The Superior Court is Delaware’s general jurisdiction trial court and carries the heaviest docket of serious matters. It operates in all three counties: New Castle, Kent, and Sussex. Judges are appointed by the governor, confirmed by the state Senate, and serve 12-year terms.3FindLaw. Delaware Constitution Art IV 3 – Appointment of Judges, Terms of Office, Vacancies, Political Representation, Confirmation of Appointment
On the criminal side, the Superior Court has exclusive jurisdiction over felonies and nearly all adult drug offenses. If you are charged with a serious crime in Delaware, this is where your case will be tried.7Delaware Courts. About Us – Superior Court – Legal Jurisdiction On the civil side, it hears personal injury, contract, and other cases with no cap on the damages it can award.1Delaware Courts. An Overview of the Delaware Court System That makes it the venue for high-stakes matters like medical malpractice, insurance claims, and business torts. The court also handles mechanics’ lien claims, filed with the Prothonotary in the county where the property sits.8Delaware Code Online. Delaware Code Title 25 Chapter 27 – Mechanics Liens – Subchapter II, Enforcement in Superior Court
The Superior Court also serves as an intermediate appellate court. It hears appeals on the record from the Court of Common Pleas, from Family Court in adult criminal cases, and from more than 50 administrative agencies, including the Industrial Accident Board and the Unemployment Insurance Appeal Board.7Delaware Courts. About Us – Superior Court – Legal Jurisdiction Its review of an agency decision asks whether the agency correctly applied Delaware law and whether substantial evidence supported its findings.
Family Court
The Family Court has exclusive jurisdiction over domestic relations and juvenile matters statewide. All cases are decided by judges. No juries.
Its civil docket covers divorce, annulment, child custody, visitation, child support enforcement, and protection-from-abuse petitions.9Delaware Code Online. Delaware Code Title 10 Chapter 9 – Family Court Jurisdiction Custody decisions follow the “best interests of the child” standard, which weighs each parent’s wishes, the child’s relationships, adjustment to home and school, health of everyone involved, each parent’s compliance with parental responsibilities, any history of domestic violence, and criminal history of any party or household member.10Justia. Delaware Code Title 13 722 – Best Interests of Child The court cannot presume that one parent is more qualified than the other based on sex. Child support amounts are calculated using the Delaware Child Support Formula, which the court publishes and updates.11Delaware Courts. Family Court – Child Support Calculator
On the criminal side, Family Court handles juvenile delinquency cases with a focus on rehabilitation. It also has exclusive jurisdiction over misdemeanors committed by one family member against another, including between former spouses and cohabitants.9Delaware Code Online. Delaware Code Title 10 Chapter 9 – Family Court Jurisdiction Dependency and neglect cases brought by the Division of Family Services also fall here.
Court of Common Pleas
The Court of Common Pleas fills the space between the Justice of the Peace Court and the Superior Court, handling mid-level civil and criminal matters. Judges serve 12-year terms under the same appointment process as other Delaware courts.12Justia. Delaware Code Title 10 1303 – Appointment of Judges, Term, Vacancies, Political Representation, Salary
Criminally, it hears misdemeanors including DUI, theft, and minor drug possession, and it conducts preliminary hearings for felony cases before those cases move up to Superior Court. Civil jurisdiction extends to disputes where the amount in controversy does not exceed $75,000, covering contracts, landlord-tenant issues, and debt collection.13Justia. Delaware Code Title 10 1322 – Civil Jurisdiction The court has unlimited jurisdiction over counterclaims, cross-claims, and third-party claims within those cases, even when the amount exceeds $75,000.
It also reviews administrative appeals from agencies like the Division of Motor Vehicles in license suspension cases.14Delaware Courts. Administrative Appeals From The Department of Transportation Division of Motor Vehicles to the Court of Common Pleas A mediation program offers an alternative to full litigation for parties willing to negotiate.15Delaware Courts. Court of Common Pleas
Justice of the Peace Court
The Justice of the Peace Court is where most Delawareans first encounter the court system. It handles minor civil and criminal matters with simplified procedures built for accessibility. Justices of the peace are appointed by the governor but, unlike judges on the higher courts, are not required to be lawyers. They receive specialized training for the role.
Its civil jurisdiction covers contract disputes, negligence claims that do not involve physical injury, and replevin actions (recovery of personal property), all capped at $25,000 in controversy.16Delaware Courts. Justice of the Peace Court – Jurisdiction It also hears all landlord-tenant summary possession proceedings, making it the court where most residential evictions are filed. On the criminal side, it hears certain misdemeanors and most motor vehicle offenses that do not involve physical injury or death.
The court also plays a role in the early stages of more serious cases. Justices of the peace act as committing magistrates for all crimes, meaning they can issue arrest warrants, set bail, and conduct initial appearances even for felonies that will eventually be tried in Superior Court.16Delaware Courts. Justice of the Peace Court – Jurisdiction Traffic tickets, including speeding and driving without insurance, are commonly resolved here through fines or traffic school. The streamlined procedures make it the most practical option for people representing themselves.
How Appeals Move Up and Deadlines
Knowing which court hears your case is only part of the picture. Knowing how to appeal, and how quickly to act, matters just as much.
Appeals from the Justice of the Peace Court go to the Court of Common Pleas. Appeals from the Court of Common Pleas, and from Family Court in adult criminal cases, go to the Superior Court. Appeals from the Superior Court and the Court of Chancery go to the Supreme Court.1Delaware Courts. An Overview of the Delaware Court System The Supreme Court’s decision is final within the state system.
Deadlines are strict and vary by court and case type. In criminal cases, the Delaware Constitution gives a defendant three calendar months after sentencing to file an appeal to the Supreme Court.17FindLaw. Delaware Constitution Art V 8 Civil appeal deadlines are generally shorter, typically 30 days from the entry of the judgment under the Supreme Court’s rules. Missing a deadline almost always means losing the right to appeal.
How Judges Are Chosen
Every judge on Delaware’s major courts follows the same path to the bench: nomination by the governor, confirmation by a majority of the state Senate, and a 12-year term.3FindLaw. Delaware Constitution Art IV 3 – Appointment of Judges, Terms of Office, Vacancies, Political Representation, Confirmation of Appointment The rule applies to the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas, and the Chief Magistrate of the Justice of the Peace Court.
Delaware also requires political balance across the bench. On the Supreme Court, no more than three of the five justices can belong to the same political party.2Delaware Courts. Delaware Courts – Judicial Officers Similar rules apply to the Court of Chancery and the Superior Court. A Delaware lawyer named James Adams challenged this system as unconstitutional, but the U.S. Supreme Court dismissed the case in 2020 on standing grounds without reaching the merits. The political balance requirement remains in force and continues to shape every judicial appointment in the state.