The Delaware Court of Common Pleas are
state courts of the
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
.
The Delaware Court of Common Pleas are
trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s and inferior courts of
limited jurisdiction Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters.
Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing autho ...
. It has
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
throughout the state over all
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
s, except certain drug offenses, and
motor vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of pe ...
offenses (see
traffic court
Traffic court is a specialized judicial process for handling traffic ticket cases. In the United States, people who are given a citation by a police officer can plead guilty and pay the indicated fine directly to the court house, by mail, or on t ...
). The Court of Common Pleas also holds
preliminary hearing
Within some criminal justice, criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecuto ...
s in
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
cases,
In
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
matters, Court of Common Pleas tries
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s in which the
amount in controversy
Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular cour ...
does not exceed $50,000 (
small claims
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...
), petitions for
name change
Name change is the legal act by a person of adopting a new name different from their current name.
The procedures and ease of a name change vary between jurisdictions. In general, common law jurisdictions have loose procedures for a name chang ...
, habitual offender hearings on the privilege of operating a motor vehicle, and
administrative appeals from the
Division of Motor Vehicles. The Court of Common Plea also has
appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
of criminal matters from Alderman's Courts and criminal and civil matters from the Justice of the Peace Courts.
The
Superior Court of Delaware is the court of
general jurisdiction
{{Globalize, article, USA, 2name=the United States, date=December 2010
A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth.
United States
All federal courts ar ...
in Delaware. It has
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the Sup ...
in all felony cases and civil suits in which the amount in controversy exceeds $75,000. Appeals from the Court of Common Pleas generally go to the Superior Court.
The Court currently consists of nine judges sitting in
Delaware's three counties: Five in
New Castle County
New Castle County is the northernmost of the three counties of the U.S. state of Delaware (New Castle, Kent, and Sussex). As of the 2020 census, the population was 570,719, making it the most populous county in Delaware, with nearly 60% of the ...
, two in
Kent County, and two in
Sussex County. The Court has three problem-solving court divisions: A
Drug Diversion Program, a Community Dispute Resolution Program, and a
Mental Health Court
Mental health courts link offenders who would ordinarily be prison-bound to long-term community-based treatment. They rely on mental health assessments, individualized treatment plans, and ongoing judicial monitoring to address both the mental hea ...
.
External links
Official website
{{Delaware-stub
Delaware state courts
Courts and tribunals with year of establishment missing