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The Court in its current form was established by means of a constitutional amendment in 1951. Before that, the Court had operated under the Delaware Constitution of 1897 as a unique "leftover-judge" system, wherein appeals were heard by a panel of three judges who were not involved in the matter on appeal from either the Superior Court or the Court of Chancery.
Courthouse in Georgetown, Delaware, one of the court's three locations. The Delaware Court of Chancery is a court of equity in the U.S. state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court. Since 2018, the court consists of seven judges.
The Delaware Court of Common Pleas are state courts of the U.S. state of Delaware. The Delaware Court of Common Pleas are trial courts and inferior courts of limited jurisdiction. [1] It has criminal jurisdiction throughout the state over all misdemeanors, except certain drug offenses, and motor vehicle offenses (see traffic court).
Courts of Delaware include: State courts of Delaware. Delaware Supreme Court [1] Delaware Court of Chancery [2] Delaware Superior Court (3 courts, one for each county) [3] Delaware Family Court [4] Delaware Court of Common Pleas [5] Delaware Justice of the Peace Court; Delaware Alderman's Court; Federal courts located in Delaware
However, if the party wishes to stay a judgment during the appeal, a motion must be made with the Superior Court, and the court can require the posting of a bond or cash deposit under R.2:9-5 and R.2:9-6. The same rule applies in Delaware under the state constitution [3] as well as the court rules. [4] [5]
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
The Delaware Supreme Court is the state's highest court. The Delaware Superior Court is the state's trial court of general jurisdiction. The Delaware Court of Chancery deals primarily in corporate disputes. The Family Court handles domestic and custody matters. The Delaware Court of Common Pleas has jurisdiction over a limited class of civil ...
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.