Delaware Public Records /Delaware Court Records Online

Delaware Court Records Online

Are Court Records in Delaware Open to the Public?

Yes, court records in Delaware are open to the public. The Delaware Freedom of Information Act (FOIA) ensures that information or documents collected by government bodies, including courts, are public records. Provided a document is not sealed by a court order or exempted by state statute, members of the public can inspect or make copies of such records. Requesters must provide specific details such as the case number, names of parties involved, and the type of document requested to receive the records.

Some documents that the public may not be able to access include personnel records, medical records, trade secrets, and records of impending litigation not filed with any court. The FOIA, enacted in 1977 and amended several times, aims to promote transparency in government operations. Notably, emails sent or received by members of the Delaware General Assembly or their staff remain exempt from FOIA.

What Information Appears in a Delaware Court Records Search?

Civil lawsuits
Traffic offenses
Wills
Criminal offenses
Initial complaints or indictments
Legal filings
Court orders
Transcripts
Jury verdicts

How To Find Court Records in Delaware

To obtain court records in Delaware, the first step is identifying the case type and the court where it was heard. Delaware courts include the Justice of the Peace Courts, Court of Common Pleas, Family Courts, Superior Court, Court of Chancery, and the Supreme Court. Each court has specific jurisdictions and handles different types of cases.

Individuals can submit requests for court records to the appropriate court clerks or administrators. Requests must include specific details about the records, such as case numbers and party names. Some courts charge fees for inspecting and making copies of records. For example, the Supreme Court charges $0.25 per page for copies, and additional fees may apply based on the time spent locating records.

Another way to find court records is through online databases like Delaware CourtConnect, which provides access to civil case records. For appellate court opinions and orders, individuals can search the Delaware Courts website.

Public Access to Delaware Court Records

Members of the public have remote access to records of civil cases tried at the Superior Court, Court of Common Pleas, and the Justice of the Peace Courts. The Delaware Judiciary manages CourtConnect, an online case management system that makes court records publicly available. Interested persons can use parameters such as names of persons or businesses who are parties to a case, judgment status, and case information to query CourtConnect for their court records of interest.

The Delaware Judiciary also maintains a database of some criminal and civil cases, as well as opinions of the Appellate Court. Members of the public can access these case files by selecting the court that tried the case and time to find specific court records. Currently, about 1,413 opinions and orders are on this database. It is regularly updated.

Searching Delaware Court Records by Name

Interested individuals can search for court records by name using Delaware CourtConnect. This online case management system allows users to search for records by entering the names of parties involved, case types, and other relevant details. The search can be conducted for civil cases from the Superior Court, Court of Common Pleas, and Justice of the Peace Courts.

To conduct a name search, researchers should have the following details:

The Last Name or Company Name
First Name
Middle Name
Beginning Case Filing Date
Ending Case Filing Date
Case Type

Additionally, the Delaware Judiciary maintains an index of criminal and civil cases, including judicial orders and opinions from the appellate court. Researchers can use the court name, decision date, and case type to locate specific records.

How To Access Court Records Online for Free in Delaware

Delaware CourtConnect provides free online access to court records. Users need a stable internet connection and information about the case, such as the name of the person or business involved, the relevant county, and the case number. This service allows users to search for civil cases from the Superior Court, Court of Common Pleas, and Justice of the Peace Courts.

Another resource is the Delaware Courts website, which offers access to opinions and orders of appellate courts. This database is regularly updated and publicly available. Researchers can use specific court names and decision dates to find relevant records.

For those who prefer in-person requests, visiting the court clerk's office is another option. While there may be fees for certifying or copying documents, the initial search is typically free.

Exemptions for Delaware Court Case Lookup

Certain court records in Delaware are exempt from public disclosure to balance the public's right to know with other significant interests such as personal privacy, confidentiality, and public safety. The following records are typically exempt:

Medical records
Trade secrets
Law enforcement records
Intelligence files
Personnel records
Government records (e.g., attorney-client communications, documents related to ongoing legal proceedings)

Access to sealed records is regulated by the Delaware Freedom of Information Act (FOIA). Individuals requesting access to these records must prove their identity and legitimate interest. Authorized individuals may include:

The parties involved in the case
Government officials
Media representatives in cases of public interest
Researchers with a legitimate interest
Individuals with a valid court order

Finding a Court Docket in Delaware

Researchers can find court dockets on the CourtConnect website. By conducting a standard court search and clicking on the case number, users can view the docket and related documents. A court docket is a detailed account of all events and actions related to a case, presented in a summarized, chronological format.

Court dockets in Delaware typically include:

Names of the parties
Case numbers
Filing dates
Hearing dates
Orders
Judgments
Deadlines
Summary of all documents filed in the case

Dockets are essential for tracking the progress of cases, adhering to deadlines and schedules, and providing a log of all case-related events and documents.

What Information Is Found in Delaware Judgment Records?

Delaware judgment records contain the following information:

Litigants' names
Judge's name
Case description
Court's decision

Judgment records are created towards the end of a case when a judge issues a decision, and the court clerk enters it into the court docket. These records are available for public perusal under the Delaware Freedom of Information Act (FOIA). Interested persons must visit the clerk's office, provide specific details like the case number and party names, and pay applicable fees to obtain copies.

Are Bankruptcy Records in Delaware Publicly Accessible?

Yes, bankruptcy records in Delaware are publicly accessible unless exempted by law. Interested parties can access documents such as the proof of claim form or search for information on filing a claim. Requesters must provide specific details such as the party's name, case number, and jurisdiction to receive the records.

Bankruptcy records are available at the U.S. Bankruptcy Court, District of Delaware. The court maintains these records and provides access to them. Additionally, a national database called the U.S. Party/Case Index allows creditors to determine if an entity has filed for bankruptcy.

How To Search Bankruptcy Records in Delaware

Researchers can obtain bankruptcy records from the U.S. Bankruptcy Court Clerk's office in Delaware by submitting a written request specifying the desired documents and the number of copies. Certified copies cost $11.00 per document, while photocopies are $0.50 per page. Copies made at the Electronic Public Access Terminal cost $10.00 each.

Another option is the Public Access to Court Electronic Records system (PACER). This online service allows users to search for bankruptcy records and costs $0.10 per page to download.

Different Types of Courts in Delaware

Delaware Supreme Court: The highest court, handling appeals from lower courts.
Delaware Court of Chancery: Jurisdiction over equity matters like corporate issues and real estate.
Delaware Superior Court: General jurisdiction over criminal and civil cases, excluding equity cases.
Delaware Family Court: Jurisdiction over family and juvenile matters.
Delaware Court of Common Pleas: Handles preliminary trials for misdemeanors and civil cases.
Justice of the Peace Court: Original jurisdiction over minor civil and criminal cases.
Other Courts: Federal Court, Child Death Review Commission, Delaware Nursing Home Residents Quality Assurance Commission.

Understanding the Differences Between Civil and Small Claims Courts in Delaware

Small claims courts in Delaware handle disputes where the plaintiffs seek monetary damages of less than $25,000. These cases are typically heard in the Justice of the Peace Courts. Examples include landlord-tenant disputes and recovery of damaged properties. Filing fees vary based on the claim amount.

Civil cases seeking damages higher than $25,000 are filed in higher courts like the Superior Court or the Court of Common Pleas. For instance, claims up to $75,000 are heard in the Court of Common Pleas, while those exceeding $75,000 are under the jurisdiction of the Superior Court.

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