Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 27. Jurisdiction and Venue · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 2701 (2026)

Original jurisdiction

✓ current as of May 2026
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(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; 
Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1970–2025 · leading case: Walker v. City of Wilmington, 579 F. Supp. 2d 563 (D. Del. 2008).
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Walker v. City of Wilmington, 579 F. Supp. 2d 563 (D. Del. 2008). “§ 2304 provides that justices of the peace may issue warrants within their territorial jurisdictions and that 11 Del. C. § 2701 provides that justice of the peace jurisdiction is statewide for purposes of issuing warrants).”
State Ex Rel. Buckson v. Wahl, 263 A.2d 297 (Del. 1970). “11 Del.C. § 2701(a) provides in pertinent part: “§ 2701.”
Brasure v. State, 291 A.2d 287 (Del. 1972). · cites it 3× “11 Del.C. § 2701(d), this same jurisdiction is vested in the Municipal Court of Wilmington, 2 if the offense occurs within the city limits.”
In the Matter of the Petition of Judeau S. Brown Jr. for a Writ of Prohibition (Del. 2022). · cites it 2× “And we note that during the plea colloquy, Brown affirmed to the Superior Court that he had carefully reviewed the Truth-in- Sentencing Guilty Plea Form as well as the plea agreement form with his attorney, understood the documents, and signed them.”
Croll v. State (Del. 2016). “Justice 6 11 Del. C. § 2701(c), (e) (governing Superior Court’s original criminal jurisdiction).”
Matter of Gordon (Del. 2020). “Montgomery-Reeves Justice 9 11 Del. C. § 2701(c) (“The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.”
Devon Earl v. Brandon Harris (3d Cir. 2023). “§ 703; 11 Del. C. § 2701(b). Further, personal jurisdiction is established by a “defendant’s physical presence before the court,” State v.”
Nathanial Raiford v. Amy Anthony, Dir. of Div. of Motor Vehs. (Del. Ct. Com. Pl. 2024). “32 11 Del. C. § 2701 (b). 33 21 Del. C. § 2744.”
Jones v. State (Del. 2025). “12 Finally, we would be remiss if we did not note that Jones received a 11 11 Del. C. § 2701(c) (“The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.”
IMO the Petition of James W. Riley for a Writ of Prohibition (Del. 2025). “§ 636(a)(2) (defining first-degree felony murder); 11 Del. C. § 2701(c) (“The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.”
Bennefield v. State (Del. 2015). “5 11 Del. C. § 2701(c), (e). 3 (7) The Court notes, as did the Superior Court, that Bennefield’s claims of actual innocence and insufficient evidence, and any other claims seeking to set aside the final judgment of conviction, must be brought in a postconviction proceeding under…”
11 Del. C. § 2701(a): 1 case
State Ex Rel. Buckson v. Wahl, 263 A.2d 297 (Del. 1970). “11 Del.C. § 2701(a) provides in pertinent part: “§ 2701.”
11 Del. C. § 2701(b): 1 case
Devon Earl v. Brandon Harris (3d Cir. 2023). “§ 703; 11 Del. C. § 2701(b). Further, personal jurisdiction is established by a “defendant’s physical presence before the court,” State v.”
11 Del. C. § 2701(c): 6 cases
In the Matter of the Petition of Judeau S. Brown Jr. for a Writ of Prohibition (Del. 2022). “And we note that during the plea colloquy, Brown affirmed to the Superior Court that he had carefully reviewed the Truth-in- Sentencing Guilty Plea Form as well as the plea agreement form with his attorney, understood the documents, and signed them.”
Croll v. State (Del. 2016). “Justice 6 11 Del. C. § 2701(c), (e) (governing Superior Court’s original criminal jurisdiction).”
Matter of Gordon (Del. 2020). “Montgomery-Reeves Justice 9 11 Del. C. § 2701(c) (“The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.”
Jones v. State (Del. 2025). “12 Finally, we would be remiss if we did not note that Jones received a 11 11 Del. C. § 2701(c) (“The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.”
IMO the Petition of James W. Riley for a Writ of Prohibition (Del. 2025). “§ 636(a)(2) (defining first-degree felony murder); 11 Del. C. § 2701(c) (“The Superior Court shall have jurisdiction, original and concurrent, over all crimes, except where jurisdiction is exclusively vested in another court.”
11 Del. C. § 2701(d): 1 case
Brasure v. State, 291 A.2d 287 (Del. 1972). “11 Del.C. § 2701(d), this same jurisdiction is vested in the Municipal Court of Wilmington, 2 if the offense occurs within the city limits.”
11 Del. C. § 2701(e): 1 case
Brasure v. State, 291 A.2d 287 (Del. 1972). “11 Del.C. § 2701(d), this same jurisdiction is vested in the Municipal Court of Wilmington, 2 if the offense occurs within the city limits.”
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