2025 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 27. JURISDICTION AND VENUE
Subchapter I. General Provisions
§ 2701. Original jurisdiction.

Universal Citation:
11 DE Code § 2701 (2025)
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§ 2701. Original jurisdiction.

(a) The justices of the peace shall have original jurisdiction to hear, try and finally determine all violations alleged to have been committed. They shall have such jurisdiction over misdemeanors alleged to have been committed only when it is expressly conferred by law. Such jurisdiction, unless otherwise expressly provided by law, shall be throughout the State.

(b) The Court of Common Pleas for the State shall have original jurisdiction to hear, try and finally determine all misdemeanors and violations alleged to have been committed within the State, except where jurisdiction over such offenses is vested exclusively in another court.

The Court of Common Pleas shall have original jurisdiction to hear, try and finally determine all offenses committed within the City of Wilmington against any of the laws, ordinances, regulations or charter of the City.

The jurisdiction conferred by this subsection includes concurrent jurisdiction with the justices of the peace in all cases in which the justices of the peace have jurisdiction.

(c) The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.

(d) The Family Court of the State shall have such criminal jurisdiction, exclusive or concurrent, as is expressly conferred upon it by law.

(e) The jurisdiction conferred by this section to hear, try and finally determine prosecutions of a crime or offense includes the power to issue all process and to conduct such proceedings as may be necessary or appropriate for the complete exercise of such jurisdiction.

11 Del. C. 1953, § 2701;  58 Del. Laws, c. 497, § 2;  59 Del. Laws, c. 133, § 2;  59 Del. Laws, c. 547, § 16;  71 Del. Laws, c. 176, § 17; 
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