Court records for Sussex County, Delaware, are maintained by the offices of the respective courts and are accessible through online portals, official court websites, and directly at the offices. SussexCourt.us will help you navigate the publicly available court information for this county. Additional sources include the Delaware Court Connect portal, the civil case search on the Delaware courts website, as well as the offices of each court serving Sussex County.
Sussex Court System Overview
Delaware has a unique court system that is not divided into judicial districts in the traditional sense—instead, each state court operates at the level of all three counties: New Castle, Kent, and Sussex. In Sussex County, the main judicial institutions are located in Georgetown, the county seat. The Superior Court—a court of general jurisdiction—operates at the Sussex County Courthouse at 1 The Circle, Georgetown, DE 19947, phone: (302) 856-5257. The building opens at 8:15 AM. The Court of Common Pleas and the Justice of the Peace Court also have branches in the county. Additionally, the Family Court for Sussex County recently moved to a new address: 100 East Market Street, Georgetown, DE 19947.
Courts Serving Sussex
Residents of Sussex County are served by several state courts and one federal court:
Superior Court of Delaware — Sussex County
Court of Common Pleas — Sussex County
Justice of the Peace Court
Several branches of the Justice of the Peace Court operate in Sussex County—in Georgetown, Rehoboth Beach, and other localities. Exact addresses and phone numbers are available on the official Delaware courts website.
Family Court — Sussex County
U.S. District Court for the District of Delaware
The federal district court handles cases from across the state, including Sussex County. Bankruptcy cases are also handled by the U.S. Bankruptcy Court for the District of Delaware in Wilmington.
Alderman's Courts
Some municipalities in Sussex County (e.g., Georgetown) have an Alderman's Court—a municipal court of limited jurisdiction that handles violations of city ordinances and certain traffic offenses.
What Types of Cases Sussex Courts Hear
The courts serving Sussex County hear a wide range of cases. Here are the main categories:
- Criminal cases: felonies, misdemeanors, infractions
- Civil lawsuits, including small claims
- Family law: divorce, custody, child support, protective orders
- Probate cases, guardianship, conservatorship
- Juvenile cases and child protection matters
- Adoption
- Traffic offenses and DUI
Each type of case falls under the jurisdiction of a specific court—details are discussed below.
District Court Cases in Sussex
Delaware does not have district courts in the same sense as many other states. The role of the court of general jurisdiction is performed by the Superior Court. It handles felonies in Sussex County after the case is transferred from the Court of Common Pleas or the Justice of the Peace Court, civil lawsuits exceeding the jurisdictional limit of lower courts, appeals from the Court of Common Pleas and the Justice of the Peace Court, as well as post-conviction proceedings. Cases are assigned to Superior Court judges appointed to Sussex County. Criminal cases reach the Superior Court after a Grand Jury indictment or after a preliminary hearing in a lower court. The schedule of criminal trials and hearings can be viewed on the Sussex County court calendars page.
Magistrate Court Cases in Sussex
The Justice of the Peace Court in Delaware performs a function similar to a magistrate court. It handles misdemeanors, infractions, preliminary hearings in felony cases, and civil lawsuits up to $25,000. Small claims have a separate limit—up to $25,000 according to current Delaware law. Traffic offenses and DUI cases at the initial stage (arraignment) are also handled by the Justice of the Peace Court.
Court of Common Pleas in Sussex County handles misdemeanors, civil cases up to $75,000, and some appeals from the Justice of the Peace Court. Both courts accept civil lawsuits and criminal cases of limited jurisdiction—the specific court depends on the claim amount and the severity of the charge.
Family Law, Probate, and Juvenile Matters in Sussex
Family Law. Divorce, child custody, child support, protective orders, paternity establishment, and termination of parental rights fall under the jurisdiction of the Family Court. Copies of divorce decrees for Sussex County can be obtained by sending a written request to the Family Court records department or by calling (302) 855-7473.
Probate Cases. Probate, guardianship, and trust management cases are handled by the Court of Chancery—Delaware's court of equity. The Register of Wills for Sussex County accepts wills and administers probate cases at the county level.
Juvenile Matters. The Family Court also has jurisdiction over juvenile cases—both criminal and child protection cases. Juvenile case records are confidential under Delaware law.
How Cases Move Through the Sussex Court System
- Case Initiation: a criminal complaint, civil lawsuit, or petition is filed with the appropriate court. The police or Attorney General initiates criminal prosecution; a private individual files a civil lawsuit.
- Case Assignment: the case is assigned to a specific judge. In the Superior Court, this occurs after a Grand Jury indictment or transfer from a lower court.
- Initial Hearings: in criminal cases—arraignment (announcement of charges and determination of bail); in civil cases—a scheduling conference.
- Pre-Trial Phase: motions, discovery, plea negotiations, or settlement attempts.
- Case Resolution: jury trial or bench trial, plea agreement, settlement, or default judgment.
- Post-Judgment: sentencing, appeal to the Supreme Court of Delaware, enforcement of the court's decision.
Court Administration, Local Rules, and Public Access in Sussex
The state courts in Sussex County are managed by the administration of the respective court—each court (Superior Court, Court of Common Pleas, Family Court, Justice of the Peace Court) has its own administrative leadership. The rules of procedure for each court are published on the official Delaware courts and legislation portal.
Public access to court records is governed by the Administrative Directive of the Delaware Courts regarding access to court records (Access to Court Records Policy). Most civil and criminal cases are publicly accessible, but juvenile case records, some family cases, and sealed materials have restricted access. To view court records online, use Delaware Court Connect.
Hearings in Sussex County are typically held in person at the court buildings in Georgetown. Some courts offer remote participation for certain types of hearings—check this possibility directly with the office of the respective court.
Contact information for administrative matters:
Court Records and Related Court Resources in Sussex
- Online Case Search: Delaware Court Connect allows searching for cases by name, company name, or case type, as well as generating docket reports.
- Civil Case Search: Superior Court, Court of Common Pleas, and Justice of the Peace Court provide access through the civil case search page on the Delaware courts website.
- Court Calendars: current schedules for Sussex County, including criminal trials and hearings, are available on the Sussex County calendars page.
- Warrant Check: through DELJIS, you can check if there is an active warrant or capias for a person's arrest in Delaware. You can also use the Delaware State Police instructions.
- Arrest Archives: Delaware State Police publishes archives of arrest reports.
- Inmate Locator: the Inmate Locator of the Delaware Department of Correction allows you to find information about the custody status of inmates. Sussex Correctional Institution is located in Georgetown.
- Criminal History Check: a certified criminal history check can be ordered through the Delaware State Police for $75.00.
- Property Records and Land Documents: the Recorder of Deeds for Sussex County maintains records of deeds, mortgages, and other documents. Online search is available through Landmark Web.
- Vital Records: birth, death, and marriage certificates are issued by the Office of Vital Statistics, which has a branch in Sussex County at 546 S. Bedford St., Georgetown, DE 19947.
- Sheriff's Sales: information on property foreclosure sales is published by the Sheriff's Office Sussex County.
- Clerk of the Peace: the Clerk of the Peace office issues marriage licenses and performs other functions as provided by Delaware law.
For general guidance on court records and public documents in Sussex County, also refer to SussexCourt.us.