Sussex County Court Records

The County of Sussex in Delaware features several courts that preside over disputes or controversies brought to the local judicial system. These courts are responsible for producing and maintaining accurate documentation of actions or proceedings, which they refer to as the "Sussex court records".

Among the various reasons underpinning the preservation of court records in Sussex, the furtherance of transparency stands paramount. Court records enable public scrutiny over the actions of the judicial branch, thus serving to uphold fairness and impartiality in legal proceedings. Moreover, these records are instrumental for enforcing judgments, filing appeals or expungements, studying past court rulings, comprehending legal processes, and preparing for court hearings or trials.

Sussex County court records collectively constitute the Delaware court records alongside case documents and information from New Castle and Kent counties. These records encompass all writings filed in conjunction with a case, including motions, complaints, briefs, information, opinions, court orders, dockets, exhibits, calendars, and judgments.

Are Court Records Public in Sussex County?

Yes. Under the State of Delaware's Freedom of Information Act (29 Del. C. §§ 10001-10008), court records in Sussex County are open to the public. This means anyone can ask to see or copy records generated from a local court's adjudicative function. However, not all court records qualify for public disclosure.

The FOIA and some other state statutes exclude several records categories from public inspection. Examples include:

• Medical and psychological records
• Grand jury testimonies and proceedings
• Adoption records
• Mediation proceedings
• Sealed/expunged court records
• Presentence investigation reports
• Information about certain victims of crimes or witnesses
• Judicial work product (notes, drafts, or memoranda prepared by a judicial officer or other court personnel)

Appendix A of the Delaware Attorney General's FOIA manual, particularly in the years 2015 and 2017, contains a non-exhaustive list of records exempted from public access by Delaware statutes or rules. Note that the AG's office publishes this manual biennially, and a more recent 2023 version—albeit minus the Appendix A exemptions—is available on the AG's Open Government website.

Sussex County Court Records Search

Members of the public can look up Sussex County court records as follows:

• By querying the court that handled the case
• By searching online case systems provided on the Delaware Judiciary's website
• By searching a third-party public records database

Sussex County Court Records Search by Name

A name search of court records utilizes a litigant's last or company name to find case-related information or documents. In Sussex County, individuals can conduct this search at the courthouse where a case occurred or access online databases provided by courts or independent parties.

Remote online access to an official court database is usually free to a requester. Fees may also not be charged where the inquirer only wishes to inspect a court record. However, if a request requires the reproduction of a court record, the interested party will often need to bear the charges.

Sussex County Courts

Below is a directory of the courts in Sussex County. These courts include the superior, chancery, family, common pleas, justice of the peace, and alderman's courts. (The superior, chancery, family, common pleas, and justice of the peace courts are all part of the Delaware judicial system.)

Sussex County Superior Court
Sussex County Courthouse
1 The Circle
Suite 2
Georgetown, DE 19947
Phone: (302) 855-7055
Fax: (302) 856-5739

Sussex County Court of Chancery
Court of Chancery Courthouse
34 The Circle
Georgetown, DE 19947
Phone: (302) 856-5777

Sussex County Family Court
22 The Circle
Georgetown, DE 19947
Phone: (302) 855-7400

Sussex County Court of Common Pleas
Sussex County Courthouse
1 The Circle
Suite 1
Georgetown, DE 19947
Phone: (302) 858-5700

Sussex County Justice of the Peace Courts

Justice of the Peace Court 2
16283 Willow Creek Road
Lewes, DE 19958
Phone: (302) 645-6163

Justice of the Peace Court 3
23730 Shortly Road
Georgetown, DE 19947
Phone: (302) 856-1445

Justice of the Peace Court 4
408 East Stein Highway
Seaford, DE 19973
Phone: (302) 628-2036

Justice of the Peace Court 14
5 East Pine Street
Georgetown, DE 19947
Phone: (302) 856-4657

Justice of the Peace Court 17
23730 Shortly Road
Georgetown, DE 19947
Phone: (302) 856-1447

Justice of the Peace Court (Truancy Court)
408 East Stein Highway
Seaford, DE 19973
Phone: (302) 629-5433

Alderman's Courts in Sussex County

City of Rehoboth Beach Alderman's Court
Alderman Court 37
229 Rehoboth Avenue
Rehoboth Beach, DE 19971
Phone: (302) 227-7917
Fax: (302) 227-6595

Town of Bethany Beach Alderman's Court
Alderman Court 31
214 Garfield Parkway
Bethany Beach, DE 19930
Phone: (302) 537-3891
Fax: (302) 537-3776

Town of Dewey Beach Alderman's Court
Alderman Court 36
105 Rodney Avenue
Dewey Beach, DE 19971
Phone: (302) 227-6630
Fax: (302) 227-6366

Town of Laurel Alderman's Court
Alderman Court 35
201 Mechanic Street
Laurel, DE 19956
Phone: (302) 875-2855

Sussex County Superior Court Case Search

The Superior Court of Sussex County is the general jurisdiction court within Sussex. The court possesses original jurisdiction over civil and criminal cases, except for equity cases, which the chancery court handles.

Further, the superior court has exclusive authority over felony and most drug offenses, and the court's damages cap in civil cases is not subject to any maximum limit. The court also exercises intermediate appellate jurisdiction over criminal cases adjudicated in the family court, cases from the common pleas court, and matters originating from various administrative agencies.

To look up cases heard in the Sussex Superior Court, an individual has the following choices:

• Use a public access terminal located in the Sussex County Courthouse. Cases can be viewed at no cost, but a fee applies to make copies of records.
• Access the Delaware Opinions and Orders site to look up superior court opinions.
• Access CourtConnect to look up civil case information/dockets from the superior court at no cost. CourtConnect can be searched with criteria such as a person's name, case type, or case number/ID.
• Search the Calendars page on the Delaware judiciary's website for superior court calendars.
• Print and complete the records request form on the last page of Administrative Directive 2000-5. The form can be used to make an in-person request at the courthouse.
• Use any of the court's document retrieval providers to search dockets and obtain copies of documents.

Sussex County District Court Records

The County of Sussex has no "district" court. However, district courts are customarily courts of limited jurisdiction, authorized to hear only specific matters. The state's limited jurisdiction courts in Sussex are the family, chancery, common pleas, and justice of the peace courts (see Jurisdictions).

Sussex County also has alderman's courts, which are not part of the Delaware court system but independent entities operating under their respective town charters and municipal codes. There are six alderman's courts in Delaware, four of which are in Sussex County. The alderman's courts adjudicate all traffic, misdemeanor, and civil violations of their city or town's ordinances.

To access records from Sussex's limited jurisdiction courts, one can submit a written or oral request to the court having subject matter jurisdiction (i.e., the court that heard a case). Each court has its unique request procedures, but parties can generally stop by during regular business hours or call the court's office line to request case documents or information.

Suppose the request pertains to a civil case filed in the Sussex County Court of Common Pleas or a Justice of the Peace Court. In that case, one can access CourtConnect, a civil case search portal available on the Delaware judiciary's website. Those seeking to review written opinions or search calendars generated in the state's limited jurisdiction courts can check the Delaware Opinions and Orders and Calendars pages, respectively.

Sussex County Criminal Records

To find Sussex County criminal records (specifically arrests and charges), members of the public can approach the police department serving the town or city where a crime occurred. A fee and picture ID may be required to obtain a record. Requesters will also need to possess a name or event date/time/location to facilitate the retrieval of Sussex criminal records. However, it is important to note that cumulative Sussex County arrest records or other criminal history information on an individual are not releasable to the general public in Delaware.

People seeking their state or federal criminal records for employment, licensing, or personal review must submit their fingerprints to the Delaware State Bureau of Identification's service provider. A certified Delaware criminal history costs $72, while a certified Delaware and federal criminal history costs $85. Relevant forms, application requirements, and links are provided on the SBI's Obtaining a Certified Delaware Criminal History page.

Sussex County Criminal Court Case Lookup

Criminal court case records are not disclosed to the public online in Sussex County. Anyone seeking a criminal court case search must visit or contact the court that presided over the matter, which might have been a justice of the peace, superior, common pleas, family, or alderman's court.

Court staff typically require individuals to have certain information to retrieve a case record, which includes a litigant's name, case number, or filing/hearing date. Requesters must also pay the associated fees if they order copies of documents.

Get Sussex County Civil Court Records

A Sussex County civil court record bears information about a non-criminal case adjudicated locally. All courts in Sussex have some degree of civil jurisdiction, with the superior court exercising the most extensive authority, the justice of the peace court constrained to disputes less than $25,000, the court of chancery solely limited to equity cases, and so on. As such, the first step to locating a Sussex civil court record is ascertaining the presiding court.

Subsequently, the interested individual can visit or contact (email, call) the courthouse to retrieve the relevant civil case files. Fees apply for copy requests. Notably, if a case was filed in the superior, common pleas, or a justice of the peace court, the inquirer can access the Delaware Judiciary's CourtConnect site (available 24/7) to find civil case information.

Sussex County Family Court Records

The Sussex County Family Court sits in judgment over family and juvenile cases filed in Sussex, including adoption, divorce, custody, juvenile delinquency, child support, guardianship, alimony, and paternity. Records generated in this court are essential for establishing rights and can serve as evidence to support claims or enforce judgments.

Generally, Sussex County family court records are not available electronically and must be obtained at the courthouse in Georgetown. Individuals can contact the court's records department at (302) 855-7411 to schedule an appointment (advisable for reducing the wait time at the courthouse), or they can complete and submit an Online Schedule Request Form. Each requester must show a picture ID to view a family court file at the court's Records Room, and they must pay any associated duplication charges. The court's Schedule of Assessed Costs contains relevant fee information, and interested parties can review the court's FAQs page for additional details about record access.

It is important to note that certain family court records are not disclosed publicly due to privacy or security concerns. In such cases, only parties to the case may be furnished access. The Privacy of Proceedings chart highlights the statutes governing record privacy in the Sussex County Family Court.

Sussex Dissolution of Marriage Records

Couples can file for a divorce or annulment in Sussex County with the local family court. A divorce legally terminates a marriage, while an annulment declares that a marriage never existed.

The Sussex dissolution of marriage records consist of records from divorce proceedings. The guidelines outlined in the previous heading can be used to obtain copies of legal documents filed in these proceedings (complaints, motions, orders, etc.). Members of the public seeking information or documents from annulment proceedings can also follow the above steps.

Sussex County Marriage and Divorce Records

Individuals can obtain a Sussex County divorce record by submitting a request to the Sussex Family Court, as explained previously. Divorcees seeking their final decrees can utilize these steps:

• In Person: During office hours, individuals can visit the Sussex Family Court's records department at 22 The Circle, Georgetown. They will need to provide the clerk with their name and birth date, as well as a valid photo ID. A certified copy of a Sussex divorce decree costs $4, and a non-certified copy costs $1. Payment can be made in cash, money order, credit card, or check, and additional fees may be assessed to retrieve a record from the archives.
• By Mail: Individuals can prepare a written request bearing their name, birth date, notarized signature, and payment ($1 for a non-certified copy; $4 for a certified copy). Mail applications are payable by check or money order.

(The above procedure can also be used to obtain copies of annulment decrees from the Sussex County Family Court.)

On the other hand, those seeking Sussex County marriage records can approach the Sussex Clerk of the Peace. The Clerk's Marriage Bureau provides certified copies of marriage certificates for marriage licenses issued in Sussex. However, an appointment is required to obtain records in person, and the requester must provide a valid photo ID. The Marriage Bureau can be contacted at (302) 853-1717 to schedule an appointment, verify if a record is on file, or for further information.

The Clerk of the Peace only issues Sussex marriage records from March 2002 to date. Individuals seeking a Sussex County marriage certificate filed between 1971 and March 2002 can query the State Office of Vital Statistics in person, by mail, or online. If the record dates before 1971, the inquirer may contact the Delaware Public Archives at (302) 744-5000.

It is vital to note that in Delaware, marriage records are only public after 50 years have lapsed from an event. Until that happens, the record will only be available to the parties listed on the record and their attorney or agent. These qualified entities can complete a request online%20853%2D1717.) through an approved vendor or mail a Request for Certified Copies to the clerk's office. A certified copy costs $25.The clerk's office encourages a phone call before submitting an online or mail-in application to verify they have the record.

Sussex Birth and Death Records

Birth and death records are considered part of Sussex County vital records (alongside marriage records). These documents serve different purposes in society—with Sussex County birth records essential for establishing one's identity on government applications, enrolling in educational institutions, and securing a driver's license, and Sussex death records vital for claiming benefits and researching a person's ancestral lineage.

The Office of Vital Statistics (OVS), a division of the state's Health and Social Services (DHSS), issues birth and death records for the State of Delaware. In-person orders can be made at the following address on weekdays during business hours:

Thurman Adams State Service Center
546 South Bedford Street
Georgetown, DE 19947
Phone: (302) 515-3190
Fax: (302) 515-3191

Online orders can be made through OVS-approved vendors. Meanwhile, mail applications can be sent to the following address in Dover:

Jesse S. Cooper Building
417 Federal Street
Dover, DE 19901

The division's standard birth and death certificate forms can be used to retrieve certified copies of Sussex County birth and death records. A different form is required to order an adoptee's original birth certificate or to request a death certificate as a funeral director.

Obtaining a birth or death certificate from the OVS costs $25; a valid photo ID is required for all requests. It should be noted, however, that under Delaware law (16 Del. C. § 3110(f)), a Sussex County birth certificate remains a closed record until 72 years have passed from the date of birth. Meanwhile, a Sussex death record only becomes public after 40 years have elapsed from the date of death.

Sussex County Probate Court Records

The Register of Wills serves as the Sussex County Probate Office, a branch of the chancery court. The Register oversees the transfer of a decedent's estate to heirs (known as the "probate process") and maintains related documentation.

Individuals seeking records from this office can visit the Sussex County Courthouse Annex during business hours (see Fees) or complete and mail the Estate Search Request form. The form should be sent to 5 East Pine Street, P.O. Box 743, Georgetown, DE 19947, along with a self-addressed stamped envelope and a $5 check to cover the search.

Individuals can call the Register at (302) 855-7875 to obtain a fee total. However, they must complete the Estate Search Request before any information can be released.

Sussex County Property Records

There are different places where an individual may conduct a property (land) records search in Sussex. People looking to research deeds, mortgages, and other real estate documents recorded in Sussex County can inquire at the Recorder of Deeds office during regular business hours, or they may send a mail request containing a book and page number, grantor/grantee's name, document number, or other data that can aid the office in identifying the record. The document fees are listed on the Recorder's website, and the relevant addresses are provided below.

Physical Address
2 The Circle
Georgetown, DE 19947
Phone: (302) 855-7785
Fax: (302) 855-7787

Mailing Address
Sussex County Recorder of Deeds
P.O. Box 827
Georgetown, DE 19947

Alternatively, members of the public can access property records remotely through the office's Official Records portal. The Recorder's online system is available to both guests and registered users. However, guests can only view indexed and watermarked information; they cannot print or download documents. To print/download, one must register and pay a fee, which varies based on the type of subscriber account one chooses (see FAQs). The Recorder also maintains indices of grantors, plots, grantees, and more online.

Another way to conduct a Sussex County property records search is to access the county's Property Information website, which consolidates all property web search tools provided by county officials, including the Recorder of Deeds. For example, parties looking for general information compiled from recorded deeds, surveys, tax maps, plats, and other public property records in Sussex can access the Property Records Search portal by owner's name, street address, or parcel ID. Meanwhile, those seeking solely tax information can access the Property Tax Information portal with an owner's name or parcel ID and the tax year. Both portals are available to the public at no charge.

Sussex County Court Records Online

Third-party websites, like Delawarecourtrecords.us, provide members of the public with an alternative means to locate Sussex County public records, such as the Sussex court records or the Sussex arrest records pertaining to an individual.

These websites are easy to navigate and are typically accessible with a first and last name. Furthermore, the search capabilities are not limited to a particular jurisdiction, making such sites valuable to those seeking assistance in identifying the jurisdiction that maintains a record or those who wish to search public records outside of Sussex County.

However, it is imperative to note that data accuracy and content limitations may exist, and users may be subject to fees to see or print comprehensive information.