Court records in New Castle County, Delaware, are maintained by the offices of the respective courts and are accessible through online tools, official court portals, and directly at the offices. NewCastleCourt.us will help you find publicly available information about court records. Additional access points include the Delaware Court Connect portal, the state's civil case search system, and the offices of the county courts. Below is a detailed overview of the court system, types of cases, and resources for county residents.
New Castle Court System Overview
Delaware has a unique court structure that is not divided into judicial districts in the traditional sense — instead, the state's courts are organized by three counties: New Castle, Kent, and Sussex. New Castle County is the largest by population and case volume. The Delaware court system consists of the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas, and Justice of the Peace Court. The Superior Court serves as the primary court of general jurisdiction and handles criminal and civil cases. The Court of Common Pleas handles mid-level cases, while the Justice of the Peace Court handles small claims and traffic violations. The main courthouse in Wilmington is located at:
Courts Serving New Castle
Residents of the county are served by several state and federal courts.
Superior Court of Delaware — New Castle County
Court of Common Pleas — New Castle County
Justice of the Peace Courts (multiple locations in the county)
Numerous Justice of the Peace Courts operate throughout the county, including in the Wilmington, Newark, and other areas. Contact information for specific courts can be found on the Delaware courts website.
Family Court — New Castle County
Court of Chancery
U.S. District Court for the District of Delaware
U.S. Bankruptcy Court for the District of Delaware
What Types of Cases New Castle Courts Hear
The county courts handle a wide range of cases. Here are the main categories:
- Felonies and misdemeanors
- Traffic violations and minor offenses (infractions)
- Civil claims of various levels — from small to large
- Family law: divorce, custody, child support
- Probate cases, guardianship, conservatorship
- Juvenile cases and child protection
- Adoption
- Court of Chancery cases: corporate disputes, trusts, equity claims
Each category is discussed in more detail below.
District Court Cases in New Castle
Delaware does not have a state-level district court in the classical sense. Its functions are performed by the Superior Court — a court of general jurisdiction. It hears all serious criminal cases (felonies) after they are transferred from the Court of Common Pleas or Justice of the Peace Court. Civil cases with claims over $75,000 also go here. The Superior Court serves as an appellate court for decisions from the Court of Common Pleas and Justice of the Peace Court.
Cases are initiated by a grand jury indictment or after a preliminary hearing in a lower court. A judge is assigned automatically, and the parties receive a hearing schedule through the Prothonotary's office. Post-conviction motions — sentence review, appeals — are also heard here.
Magistrate Court Cases in New Castle
The role of the magistrate court in Delaware is performed by the Justice of the Peace Court and the Court of Common Pleas. The Justice of the Peace Court handles:
- Misdemeanors and minor offenses
- Preliminary hearings in felony cases
- Civil claims up to $25,000
- Small claims up to $25,000
- Traffic violations
- DUI cases at the initial stage
The Court of Common Pleas hears misdemeanors, civil cases up to $75,000, and appeals from the Justice of the Peace Court. The New Castle County Court of Common Pleas has a separate unit for DUI and drug offenses. Both courts have significant caseloads due to the county's high population density.
Family Law, Probate, and Juvenile Matters in New Castle
Family Law
The Family Court handles divorces, custody disputes, child support, protection orders (Protection From Abuse), paternity establishment, and termination of parental rights. Copies of divorce decrees can be ordered through the Family Court records department in Wilmington.
Probate Cases
Probate, guardianship, and conservatorship cases are handled by the Court of Chancery — a separate equity court unique to Delaware. It also handles trust and corporate dispute cases.
Juvenile Cases
The Family Court has jurisdiction over juvenile cases, including offenses and child protection cases. Juvenile case records are confidential. The New Castle County Detention Center holds juveniles in custody.
How Cases Move Through the New Castle Court System
- Case Initiation. A criminal case begins with a complaint or arrest; a civil case with a lawsuit filing; a family case with a petition to Family Court.
- Judge Assignment. The court office automatically assigns the case.
- Initial Hearings. In criminal cases — arraignment (charge presentation and bail setting). In civil cases — scheduling conference.
- Pre-trial Phase. Motions, evidence exchange (discovery), plea negotiations, or settlement discussions.
- Trial or Resolution. A jury or judge alone renders a decision; possible plea, verdict, or settlement.
- Post-trial Phase. Sentencing, appeal filing to Superior Court or Supreme Court, enforcement of the decision.
The duration of the process depends on the complexity of the case. Small claims in the Justice of the Peace Court may conclude in a few weeks, while a complex criminal case in the Superior Court may take months.
Court Administration, Local Rules, and Public Access in New Castle
Court administration in Delaware is conducted by the Administrative Office of the Courts under the leadership of the Chief Justice of the Supreme Court. Each court has its own Court Administrator for daily management.
Local Rules. Each court's rules are published on the official Delaware courts website. The Superior Court, Court of Common Pleas, and Family Court have separate sets of procedural rules.
Public Access to Records. Most civil and criminal cases are public under Delaware law. However, Title 29, Section 100 of the Delaware Code sets limitations: some criminal records are closed to public view, juvenile cases are confidential, and adoption records are sealed. Requests for public records can be submitted through the FOIA procedure.
Attending Hearings. Court sessions are generally open to the public. Some courts offer remote participation — check with the office of the specific court.
Court Records and Related Court Resources in New Castle
- Court Case Search. The Delaware Court Connect portal allows searches by person name, company name, or case number. The civil case search for the Superior Court, Court of Common Pleas, and Justice of the Peace Court is also available.
- Property Records and Documents. The Recorder of Deeds maintains all land transaction records, and document search is available online.
- Sheriff's Sales. Sale lists are published on the Sheriff's Office website.
- Inmate Search. The Inmate Locator of the Department of Correction allows checking the custody status.
- Warrant Check. The DELJIS system allows checking for active warrants or capias. A wanted status check is also available on the Delaware State Police website.
- Criminal History. A certified criminal history check can be obtained through fingerprints with State Police.
- Sex Offender Registry and Crime Information. Available through the county's Crime Information page.
- Vital Records. The Office of Vital Statistics has an office in Newark (258 Chapman Road, Newark, DE 19702) for obtaining birth, death, and marriage certificates.
- Legal Assistance. Legal assistance resources from Delaware courts and the Office of Defense Services provide free representation for indigent defendants in criminal cases.
- Expungement. The APEX program of the Department of Labor assists with the expungement process — sealing a criminal record.
For more information and to search for public court records in the county, visit NewCastleCourt.us.