Sussex County Court Records
What Is Sussex County Court Records
Sussex County court records encompass all official documentation generated during legal proceedings within the county's judicial system. These records consist of case files, dockets, pleadings, motions, orders, judgments, transcripts, exhibits, and sentencing records maintained by the courts. Pursuant to Delaware Code Title 29, Chapter 100, commonly known as the Delaware Freedom of Information Act, court records are distinct from other public records such as property deeds, vital statistics, and tax assessments.
The judicial system in Sussex County maintains records across various courts including:
- Superior Court
- Court of Common Pleas
- Family Court
- Justice of the Peace Court
- Court of Chancery
- Alderman's Court (municipal)
These records document proceedings in civil litigation, criminal prosecutions, family matters, probate cases, traffic violations, and small claims disputes. The Delaware Administrative Office of the Courts defines court records as "all documents, information, data, or other items that are collected, received, or maintained by a court or clerk of court in connection with a judicial proceeding." This definition aligns with the Delaware Uniform Rules of Evidence which establishes standards for documentation in legal proceedings.
Are Court Records Public In Sussex County
Court records in Sussex County are generally accessible to the public under Delaware's open courts principle and the Delaware Freedom of Information Act (FOIA) as codified in Title 29, Chapter 100, § 10003 of the Delaware Code. This statute establishes the presumption that government records, including court records, shall be open to inspection by the public unless specifically exempted by law.
The following court records are typically available for public access:
- Civil case files (with certain exceptions)
- Criminal case files (post-charging)
- Judgments and orders
- Docket sheets
- Hearing schedules and calendars
It is important to note that while most court records are public, certain categories of information may be restricted or redacted pursuant to Delaware Supreme Court Administrative Directive No. 2000-5, which governs public access to court records. These restrictions typically apply to:
- Juvenile records (except as provided by statute)
- Mental health proceedings
- Family Court records involving minors
- Sealed records pursuant to court order
- Records containing personal identifiers such as Social Security numbers
- Grand jury proceedings
Federal court records for cases heard in the United States District Court for the District of Delaware are governed by federal rules rather than state law, though they maintain similar public access principles through the PACER system.
How To Find Court Records in Sussex County in 2026
Members of the public seeking court records in Sussex County may utilize several methods to locate and access these documents. The Delaware Judiciary provides multiple avenues for record retrieval:
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Online Access: The Delaware Judiciary maintains electronic portals for accessing certain court records. Users may search the Delaware Court Connect system for case information, dockets, and some document images.
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In-Person Requests: Individuals may visit the appropriate courthouse to request records in person:
- Identify the court where the case was filed
- Complete a record request form available at the clerk's office
- Provide case number or party names for search purposes
- Present valid identification
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Written Requests: Submit a written request to the clerk of the appropriate court, including:
- Case number or party names
- Documents requested
- Contact information
- Payment for any applicable fees
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Records Request Form: Complete the Public Access to Court Records Request Form for more complex or historical record searches.
Standard fees apply for copies of court records pursuant to Delaware Code Title 10, § 8705, which establishes the fee schedule for court services. Currently, copy fees are $1.00 per page for standard documents, with additional charges for certified copies and extensive searches.
How To Look Up Court Records in Sussex County Online?
Sussex County residents and interested parties may access court records through several online portals maintained by the Delaware Judiciary. Each system provides access to different types of records:
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Delaware Court Connect: This comprehensive portal allows users to search for case information across multiple courts. To utilize this system:
- Navigate to the Delaware Court Connect website
- Create a user account or proceed as a guest
- Select search criteria (case number, party name, business name)
- Specify court type (Superior, Common Pleas, etc.)
- Review search results and select cases to view details
- Access available documents (note that not all documents are available electronically)
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Civil Case Search: For civil matters specifically, the Delaware Courts Civil Docket Search provides:
- Case status information
- Party details
- Docket entries
- Scheduled hearings
- Case disposition
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eCourtPlus: For Court of Common Pleas cases, this system allows:
- Case searches
- Document filing
- Calendar information
- Payment processing
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JIC Case Search: For Justice of the Peace Court cases, including traffic violations and landlord-tenant matters.
When searching online, users should note that certain case types (particularly Family Court matters) have restricted access online due to confidentiality requirements. Additionally, older cases may not be fully digitized and might require in-person requests.
How To Search Sussex County Court Records for Free?
Delaware law provides for free public inspection of court records at courthouse facilities during regular business hours. Pursuant to Delaware Code Title 29, § 10003(a), "All public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of the records for the appropriate public body."
Free options for accessing Sussex County court records include:
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In-Person Inspection: Visit the appropriate courthouse during business hours to view records at no cost. While copying fees apply, inspection itself is free.
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Public Access Terminals: Computer terminals are available at courthouse locations for searching electronic case information without charge.
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Basic Online Searches: The following online systems offer free basic search capabilities:
- Delaware Court Connect - Basic case information searches are free, though document downloads may incur fees
- Sussex County Court Calendars - Free access to hearing schedules
- Delaware Courts Legal Opinions and Orders - Free access to published court opinions
While basic searches are free, comprehensive document retrieval typically involves fees for copies, certifications, or extensive searches. Additionally, specialized searches requiring staff assistance may incur research fees as established by court fee schedules.
What's Included in a Sussex County Court Record?
Sussex County court records contain comprehensive documentation of legal proceedings. The specific contents vary by case type but typically include:
Civil Case Records:
- Complaint or petition initiating the action
- Summons and proof of service
- Answers and counterclaims
- Motions and supporting memoranda
- Discovery documents (when filed with the court)
- Exhibits admitted into evidence
- Transcripts of hearings and trials
- Orders and judgments
- Financial information including judgments and satisfactions
- Appeal documentation
Criminal Case Records:
- Charging documents (indictments, informations)
- Arrest warrants and returns
- Bail and bond information
- Plea agreements
- Pre-trial motions and orders
- Trial exhibits and evidence logs
- Sentencing information
- Probation reports (may be restricted)
- Appeal documentation
Family Court Records:
- Petitions for divorce, custody, or support
- Financial disclosures
- Custody evaluations (may be restricted)
- Protection from abuse orders
- Adoption petitions and decrees
- Paternity determinations
- Child support calculations and payment records
Probate Records:
- Wills and codicils
- Petitions for administration
- Inventories of estate assets
- Claims against estates
- Accountings
- Distribution orders
Each record also contains a docket sheet or register of actions that chronologically lists all events and filings in the case, serving as an index to the complete case file. Pursuant to Delaware Supreme Court Administrative Directive No. 2007-6, certain personal identifiers such as Social Security numbers, financial account numbers, and dates of birth are redacted from publicly accessible versions of court records.
How Long Does Sussex County Keep Court Records?
Sussex County courts maintain records according to the Delaware Judiciary Records Retention Schedule, which is established pursuant to Delaware Code Title 10, § 525. This statute authorizes the courts to establish policies for the retention and disposition of court records. Retention periods vary by record type and court:
Superior Court:
- Felony case files: Permanent for serious felonies; 20 years for others
- Civil case files: 20 years after final disposition
- Judgments: Permanent
- Docket books and indices: Permanent
- Exhibits: Returned after appeal period or destroyed according to schedule
Court of Common Pleas:
- Criminal case files: 7-10 years after final disposition
- Civil case files: 7 years after final disposition
- Traffic cases: 3-5 years after final disposition
- Dockets and indices: Permanent
Family Court:
- Divorce records: Permanent
- Custody and visitation: Until youngest child reaches age 21
- Protection from abuse: 5 years after expiration
- Juvenile delinquency: Sealed at age 18, destroyed at age 21 (with exceptions)
- Child support: 3 years after youngest child reaches age 18
Justice of the Peace Court:
- Civil cases: 5 years after final disposition
- Criminal cases: 5-7 years after final disposition
- Traffic cases: 3 years after final disposition
Court of Chancery:
- Case files: Permanent
- Guardianship: 10 years after termination
- Trust proceedings: 20 years after termination
The Delaware Public Archives provides oversight for historical court records, and certain records of historical significance may be transferred to the Archives for permanent preservation rather than destruction. Digital records are maintained according to the same schedule as paper records, though the format may change over time due to technological advancements.
Types of Courts In Sussex County
Sussex County's judicial system consists of several courts with distinct jurisdictions and functions:
Superior Court of Delaware - Sussex County
1 The Circle, Suite 2
Georgetown, DE 19947
(302) 855-7055
Superior Court
Hours: Monday-Friday, 8:30 AM - 4:30 PM
The Superior Court is Sussex County's court of general jurisdiction, handling major civil cases (over $50,000), felony criminal cases, appeals from lower courts, and certain administrative appeals.
Court of Common Pleas - Sussex County
1 The Circle, Suite 1
Georgetown, DE 19947
(302) 858-5700
Court of Common Pleas
Hours: Monday-Friday, 8:30 AM - 4:30 PM
The Court of Common Pleas handles civil cases up to $50,000, misdemeanor criminal cases, preliminary hearings, and traffic cases.
Family Court - Sussex County
22 The Circle
Georgetown, DE 19947
(302) 855-7400
Family Court
Hours: Monday-Friday, 8:30 AM - 4:30 PM
The Family Court has jurisdiction over domestic relations matters including divorce, child custody, visitation, support, adoption, and juvenile delinquency cases.
Justice of the Peace Court - Sussex County
Multiple locations throughout Sussex County
Court 3: 23730 Shortly Road, Georgetown, DE 19947
(302) 856-5871
Justice of the Peace Court
Hours: Vary by location; Court 3 operates 24/7
The Justice of the Peace Courts handle minor civil cases (under $25,000), landlord-tenant disputes, minor criminal cases, and traffic violations.
Court of Chancery - Sussex County
34 The Circle
Georgetown, DE 19947
(302) 856-5815
Court of Chancery
Hours: Monday-Friday, 8:30 AM - 4:30 PM
The Court of Chancery handles equity matters, corporate disputes, guardianships, and trusts.
Alderman's Courts
Various municipal locations throughout Sussex County
Hours and contact information vary by municipality
Alderman's Courts handle municipal ordinance violations, certain misdemeanors, and traffic offenses occurring within town/city limits.
The Delaware court system follows a hierarchical structure with appeals from lower courts generally proceeding to the Superior Court, and then to the Delaware Supreme Court, which is the state's highest appellate authority.
What Types of Cases Do Sussex County Courts Hear?
Sussex County courts adjudicate a wide range of legal matters, with each court having specific jurisdictional parameters:
Superior Court:
- Felony criminal prosecutions
- Civil actions where the amount in controversy exceeds $50,000
- Appeals from administrative agencies
- Appeals from the Court of Common Pleas and Family Court
- Jury trials in both civil and criminal matters
- Capital murder cases
- Complex commercial litigation
Court of Common Pleas:
- Civil cases with amounts in controversy up to $50,000
- Misdemeanor criminal cases
- Preliminary hearings in felony cases
- Traffic violations
- Appeals from Justice of the Peace Courts
- Drug court program cases
- DUI cases
Family Court:
- Divorce proceedings
- Child custody and visitation disputes
- Child and spousal support matters
- Paternity determinations
- Adoption proceedings
- Protection from abuse orders
- Juvenile delinquency cases
- Termination of parental rights
- Guardianship of minors
Justice of the Peace Court:
- Civil disputes up to $25,000
- Landlord-tenant cases including evictions
- Minor criminal offenses
- Traffic violations
- Bail hearings
- Peace bonds
- Emergency protection from abuse orders (temporary)
Court of Chancery:
- Corporate governance disputes
- Trust administration
- Guardianship of adults with disabilities
- Property disputes requiring equitable remedies
- Specific performance of contracts
- Injunctive relief
- Fiduciary litigation
Alderman's Courts:
- Municipal code violations
- Parking infractions
- Minor traffic offenses within town/city limits
- Certain misdemeanors occurring within municipal boundaries
The distribution of cases among these courts ensures that matters are heard by judicial officers with appropriate expertise and authority. Complex or high-stakes cases typically proceed through the Superior Court, while matters requiring specialized knowledge (such as family issues or equity) are directed to courts specifically designed to address those concerns.
How To Find a Court Docket In Sussex County
Court dockets in Sussex County provide chronological listings of all proceedings and filings in a case. Members of the public may access docket information through several methods:
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Online Docket Access:
- The Delaware Court Connect system provides comprehensive docket information for most courts. Users can:
- Search by case number, party name, or business name
- View chronological listings of case events
- Access scheduling information
- Review case status and disposition
- The Delaware Courts Civil Docket Search offers specialized access to civil case dockets
- The Delaware Court Connect system provides comprehensive docket information for most courts. Users can:
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Court Calendar Information:
- Sussex County Court Calendars provide hearing schedules and docket calls
- Users can filter by court type, judge, and date range
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In-Person Docket Review:
- Visit the clerk's office at the appropriate courthouse
- Request docket information by providing case number or party names
- Public access terminals are available for electronic docket searches
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Telephone Inquiries:
- Limited docket information may be available by calling the clerk's office
- Case numbers are typically required for telephone inquiries
When searching for docket information, users should note:
- Case number format varies by court (example: S22C-01-001)
- Party name searches work best with exact spelling
- Some docket entries may have restricted access based on case type
- Historical dockets (pre-digital) may require in-person research
For specialized docket information such as grand jury schedules or certain Family Court matters, direct contact with the specific court is necessary as this information may not be publicly accessible through standard channels.
Which Courts in Sussex County Are Not Courts of Record?
In the Delaware judicial system, "courts of record" are those that maintain comprehensive verbatim records of proceedings and whose decisions form precedent within the legal system. Pursuant to Delaware Code Title 10, § 1301, certain courts are designated as not being courts of record, meaning they do not maintain verbatim transcripts of all proceedings and their decisions do not establish binding precedent.
In Sussex County, the following are not courts of record:
Justice of the Peace Courts:
- These courts handle minor civil matters, landlord-tenant disputes, and minor criminal offenses
- While case files and dockets are maintained, verbatim transcripts are not created for all proceedings
- Appeals from Justice of the Peace Courts are heard de novo (completely new trial) in the Court of Common Pleas
- This de novo appeal process is a key characteristic of courts not of record
Alderman's Courts:
- Municipal courts handling local ordinance violations and minor offenses
- Proceedings are documented through case summaries rather than verbatim transcripts
- Appeals are heard de novo in the Court of Common Pleas
- Not all municipalities maintain Alderman's Courts; some refer cases to Justice of the Peace Courts
The distinction between courts of record and those not of record affects several procedural aspects:
- Appeal procedures (de novo vs. on the record)
- Evidentiary standards for proving what occurred in prior proceedings
- Precedential value of decisions
- Record-keeping requirements
All other courts in Sussex County—including the Superior Court, Court of Common Pleas, Family Court, and Court of Chancery—are courts of record that maintain official transcripts of proceedings and whose decisions may establish precedent within their respective jurisdictions.