The Delaware State Courts will be closed on Monday, May 27, 2024 for Memorial Day. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM-Midnight (no new cases after 11PM).

Appeals From The Court of Common Pleas

Appeals from the Court are taken to the Superior Court and are appeals on the record. If a decision of the Court of Common Pleas is appealed to the Superior Court, the defendant does not receive a new trial. Instead, a Superior Court Judge reviews a written transcript of the proceedings and decides whether there were technical errors in the decision reached by a Court of Common Pleas Judge.

Court of Common Pleas civil appeals begin in the Superior Court Prothonotary's Office. Once the paperwork and the fees have been submitted, a Citation on Appeal is served on the Clerk in the Court of Common Pleas. All records pertaining to the case are gathered in the Court of Common Pleas and delivered to the Prothonotary's Office. If a transcript of the trial testimony is necessary for the appeal, the party appealing the decision is responsible for the cost of having the transcript prepared by an Audio Monitor.

Appeal to the Superior Court from the Court of Common Pleas (sample forms)