The Delaware State Courts will be closed on Tuesday, November 5th for Election 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 – 12PM (no new cases after 11:00PM).

Sussex County Courts including Justice of the Peace Court 2, 4, and 17 will be closing at noon on Thursday, November 7th for Return Day. JP Court 14 will be closed the entire day due to proximity to Return Day events.

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Superior Court Fees


Civil Fees

(Civil Rules of Procedure: Rule 77(h).)
  • All filing fees shall be nonrefundable and shall cover costs, except Sheriff 's service, which shall be paid separately by the moving party to the Sheriff.
  • As required by the State, effective December 1, 2007, the Prothonotary shall collect a $10.00 Court Security Assessment Fee upon all initial civil filings.
  • The filing fee shall cover the first fifty (50) filings of an action. An additional fee of $245.00 shall be paid after each increment of fifty (50) filings is recorded.
  • A request for a trial date shall be accompanied by a nonrefundable fee of $150.00 paid by the requesting party.
  • Fees do not include advertising costs which shall be billed directly to the filing party.
  • The Prothonotary may refuse any filing for which the fees set forth in the rule have not been paid. Whoever neglects or refuses to pay the fees set forth in this rule for any service or services performed, for 10 days after demand in writing by the officer to whom such fees are due, shall be fined $25.00 in addition to the fees due. The Prothonotary may refuse any filing from an attorney who fails, after second notice, to pay outstanding fees. It shall be the obligation of the attorney to pay timely any court costs or fees incurred by his client.

Superior Court fees for the services specified as follows:

Complaints

Complaints for Damages
$200.00
Condemnation $200.00
Ejectments $200.00
Justice of the Peace Court Appeals $200.00
Automobile Arbitration Appeals $200.00
Declaratory Judgments $200.00
Foreign Judgments $200.00
Replevins $200.00
Foreign Attachments $200.00
Domestic Attachments $200.00
Interpleaders $200.00
Transfers from Court of Chancery $200.00
Removals from Court of Common Pleas $200.00
Amicable Actions
$200.00

Complaints Subject to Summary Proceedings for Commercial Disputes

The filing fee for complaints subject to Summary Proceedings for Commercial Disputes shall be .005 times the amount in controversy, but not less than $200.00 nor more than $5,000.

Mechanic's Liens & Mortgages

Mortgages
$200.00
Mechanic's Liens $200.00

Involuntary Commitments

Involuntary Commitments N/C

Appeals

Industrial Accident Board N/C
Unemployment Insurance Appeal Board N/C
Public Service Commission $200.00
Motor Vehicle $200.00
All Other Administrative Agencies $200.00
Court of Common Pleas $200.00
Certiorari $200.00

Miscellaneous Petitions

Complaints Requesting Orders
    i.e. Return of Property, Subpoena Requests, Release
    of Surplus Funds from Sale of Property, etc.
 $75.00
Expungement of Criminal Record $75.00
Habeas Corpus N/C
Mandamus $200.00
Prohibition $200.00
Judgment or Mortgage Complaints
    i.e. To extend, renew, satisfy, vacate, set aside, etc.		 $200.00
Appointment of Attorney N/C
Road Resolution $20.00
Tax Ditch, plus advertising costs $200.00
Possession of Property $50.00
Quo Warranto $200.00
Forma Pauperis N/C
Recording Bonds of Office $10.00
Recount of Vote $200.00
Road Vacation $200.00

Judgments

Transfers from Other State & District Court
   i.e. Justice of the Peace, Court of Common Pleas,
   Family Court, U.S. District Court, Chancery Court

$50.00

Administrative Agency
   i.e. Department of Labor, Division of Revenue, etc.
   Entering a judgment in Judgment Docket, except when
   confessed under warrant of attorney 		$25.00
Rule 58.1 Confession Judgment $200.00
Rule 58.3 Execution of Judgment $50.00
Foreign Judgment (10 Del.C. § 4781) $65.00
City & County Monitions Tax Lien $50.00
Testatum (to transfer Judgment to another County) $15.00
Petition for Sheriff's Deed $25.00
Judgment marked to the use of another party $15.00
Power of Attorney for Prothonotary to satisfy judgment $25.00
Abstract of Judgment from Justice of the Peace $10.00
Demolition Lien $20.00
Racketeering-Influenced/Corrupt Organization (RICO) N/C

Executions

Each Writ
   i.e. Initial writ, alias, and any writ thereafter including, but not
   limited to fieri facias, venditioni exponas, levari facias, order
   of sale, writ of possession
$65.00

Miscellaneous Services

Notary Certificate $5.00
New Notary Commission $20.00
Renewal of Notary Commission $10.00
Bad Check Processing Charge $35.00
Registration of Fictitious Name or Business Name $25.00
Preparation of Appeal to Supreme Court $100.00
Certificate of Abatement $15.00
Certified copy of any document
   (not to exceed 3 pages without additional copy charge) 		$15.00
Exemplified copy of any document
   (not to exceed 3 pages without additional copy charge) 		$25.00
Subpoena issued by Prothonotary $10.00
Presigned numbered subpoenas N/C
Closed Case retrieval fee $25.00
Closed Case retrieval fee (expedited) $50.00
Jury Panel Listing $50.00
Request for Trial Date or Pretrial Conference $150.00
The cost for Special Juries shall be as stated in the Plan for Special Juries.
[See also: Superior Court Civil Rule 3(e).] 		 

Mediation

 
When a Superior Court Commissioner serves as a mediator, the fee for mediation services shall be a minimum of two (2) hours at the rate of $150 per hour of hearing time. Each party shall pay the party's share to the Prothonotary within twenty (20) days of notice of the appointment of the Commissioner as a mediator. It is the obligation of each attorney, or any party appearing pro se, to timely pay the costs of ADR and any additional mediation fee when billed. The Court may impose sanctions against any party who fails to timely pay any fee required by this rule. The fee shall be deposited to the General Fund.

Non-Fee Charges

Copy Charge (maximum per page) $2.00
Copy Charge - FAX (maximum per page) $8.00

Transcripts

(Based on per-page rate. Effective May 11, 2003.)
Original & 1 copy (normal) $3.00
Additional 1 copy (normal) $2.00
Original & 1 copy (expedited) $5.00
Additional 1 copy (expedited) $3.00
Original & 1 copy (daily/overnight) $6.50
Additional 1 copy (daily/overnight) $4.00
Realtime (Plus mandatory transcript rate for normal delivery.) $2.50
The Court may order parties to pay other costs such as postage, printing, advertising, and lodging/meals for jurors.

Criminal Fees

(Criminal Rules of Procedure: Rule 58.)
As required by the State, effective December 1, 2007, the Prothonotary shall collect a $10.00 Court Security Assessment Fee on all criminal and traffic charges for which there is a conviction.
Transfer from the Court of Common Pleas $100.00
Appeals from Court of Common Pleas $100.00
Indictment by true bill w/o previous commitment $100.00
New information from attorney general's office $100.00
Appeals from Family Court $100.00
Transfer from Family Court $100.00
Appeals from inferior courts $100.00
Commitments from inferior courts $100.00

Transcripts

(Based on per-page rate. Effective May 11, 2003.)
Original & 1 copy (normal) $3.00
Additional 1 copy (normal) $2.00
Original & 1 copy (expedited) $5.00
Additional 1 copy (expedited) $3.00
Original & 1 copy (daily/overnight) $6.50
Additional 1 copy (daily/overnight) $4.00
Realtime***
   One party or agency
   Two parties or agencies
$2.75
$2.30
   ***Mandatory transcript not required except for appeal or impeachment purposes.