The Delaware State Courts will be closed on Monday, December 24th and Tuesday, December 25th for the Christmas holiday. Justice of the Peace Courts 11 (New Castle County), 7 (Kent County) and 3 (Sussex County) will remain open.

Civil & Criminal 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 Court may order parties to pay other costs such as postage, printing, advertising, and lodging/meals for jurors.

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.

All payments (Checks, Money Orders, etc.) should be made out to: 'The State of Delaware.'


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
Notary Commission (NEW) 20.00
Notary Commission (RENEWAL) 10.00
Notary Fee 7.50
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

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