Delaware Courts with Jurisdiction Over Civil Matters Justice of the Peace Courts This court has jurisdiction over civil cases in which the disputed amount is less than $15,000. Court of Common Pleas This court has jurisdiction over civil cases where the amount in controversy is less than $50,000.
DE
Superior Court This is the court of general jurisdiction in Delaware. The Superior Court has original jurisdiction over civil cases, with the exception of equity cases. It also serves as the intermediate appellate court, hearing some appeals from the Court of Common Pleas.
$15,000
Superior Court
$50,000 Justice of the Peace Courts
court of general jurisdiction, also serves as the intermediate appellate court
Court of Common Pleas
Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 20 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.
Discovery
After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:
Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.
Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.
Trial
Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.
Trials can take from 1 Day
If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.
to 2 Weeks
Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in Delaware.