Delaware Court Records
Delaware Court Records
Major Delaware courts that kept records of genealogical value were as follows:1655-1664 Delaware was under Dutch control.
The offices of clerk of the peace and prothonotary date from 1642. The clerk of the peace was clerk of the levy court and the court of general quarter sessions. The prothonotary was clerk of the court of common pleas and the superior court.
1664-1682 Delaware was under under control of New York.
1670's Magistrates Courts were held by the King's authority.
1701-1831 Courts of Common Pleas were established in each county to hear minor civil suits, minor criminal cases, appeals from lesser courts, adoptions, and terminations of parental rights. Their powers were given to the superior court in 1831. Before 1792, the courts of common pleas also handled those matters now handled by the chancery courts.
1655-present Levy Court, a county administrative unit that keeps records of schools, petitions, tavern licenses, road accounts, probates, and taxes.
1683-present Orphans' Courts have countywide jurisdiction over property rights, estates of minors, guardianships, and adoptions.
1792-present Chancery Courts are countywide courts with jurisdiction over equity matters, where sufficient remedy cannot be had by common law or statute before any other court.
1676-present Court of General Quarter Sessions These records include apprenticeship indentures and petitions for roads and taverns. This court tries all criminal cases except capital crimes.
1746-present Court of Oyer and Terminer This criminal court often hears capital crimes.
1664-present Justice of the Peace These records include minor civil cases.
1794-1898 High Court of Errors and Appeals This was an appeals court for the superior courts.
1790-present U.S. Circuit and District Courts They handle naturalizations, civil cases, and criminal cases.
1726-1831;1908-present Supreme Court The duties were transferred to the superior courts after 1831.
1831-present Superior Courts replaced courts of common pleas. They are county courts with jurisdiction over major criminal and civil cases. Naturalization records are included.
The Delaware Public Archives has most of the original court records, including the courts of general quarter sessions, oyer and terminer, justice of the peace, and common pleas, as well as superior court and supreme court records.
Check out the following website to read about and share experiences from courthouse research.
http://www.bcpl.net/%7Edmg/courthouse.htm#Delaware
"The Goodman Clearinghouse:
Experiences In Researching in Court Houses"
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