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Delaware Del. Const. Art. IV, § 7 Jurisdiction of the Superior Court

The Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed, at common law and all the other jurisdiction and powers vested by the

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laws of this State in the formerly existing Superior Court; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions of the Peace and Jail Delivery; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of General Sessions; and also shall have all the jurisdiction and powers vested by the laws of this State in the formerly existing Court of Oyer and Terminer.

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Delaware Del. Const. Art. IV, § 1 Creation of Courts

The judicial power of this State shall be vested in a Supreme Court, a Superior Court, a Court of Chancery, a Family Court, a Court of Common Pleas, a Register's

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Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the Members elected to each House, shall have by law established prior to the time this amended Article IV of this Constitution becomes effective or shall from time to time by law establish after such time.

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Delaware 10 Del. C. § 925(1)-(19) General Jurisdiction

The Court and each Judge shall have authority to: (1) Conserve the peace; (2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having

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violated the law together with material witnesses and impose conditions as set forth in § 1021 of this title; (3) Determine and punish civil and criminal contempt; (4) Issue process for the exercise of its jurisdiction and require service thereof under pain of contempt (5) Receive, hear, and make recommendations concerning matters assigned to it by any state or municipal court. Such recommendations shall be certified to the assigning court; (6) Transfer for good cause any proceeding from the Court in 1 county to the Court in any other county; (7) Enter, proceed on, and satisfy in the name of the State any forfeited bond, provided however, that the proceeds of any bond forfeited for a party’s failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account (8) Sit separately or jointly with any or all other Judges; (9) Hear, determine, render, and enforce judgment in any proceeding before the Court; (10) Assess fees, costs, and fines; or remit them in proper cases; (11) After due notice to interested parties, review, revise, or revoke any prior order of the Court with reference to the custody, control, care, support or visitation of any person, or in any proceeding where failure to do so would result in manifest injustice (12) Punish for contempt any person who, in order to evade the Court’s jurisdiction, removed from the State any child concerning whose possession, custody, or alleged unlawful detention, a writ of habeas corpus or other proceeding has been filed; (13) Administer oaths and take acknowledgments; (14) Appoint guardians ad litem; (15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. (16) Appoint guardians of the person over minors under 18 years of age (17) Appoint attorneys and/or Court-Appointed Special Advocates to serve as guardians ad litem to represent the best interests of a child in any child welfare proceeding; (18) Determine and enter disposition for alleged violations of probation by juveniles in accordance with the procedures established at § 4334 of Title 11. The term Commissioner or any probation counselor as used in § 4334 of Title 11 shall include the appropriate member of the Department of Services for Children, Youth and Their Families; (19) Decide appeals from administrative hearings of substantiated cases of abuse or neglect made pursuant to § 902A(d) of Title 16[repealed], and to decide appeals made pursuant to § 902A(g) of Title 16 [repealed] for orders of administrative expungement of substantiation for the purpose of no longer reporting an individual’s name pursuant to § 8563(b) of Title 11.

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Delaware Del. Const. Art. IV, § 7B Jurisdiction of the Court of Common Pleas

The Court of Common Pleas shall have all the jurisdiction and powers vested by the laws of this State in the Court of Common Pleas.

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Delaware 10 Del. C. § 341 Matters and Causes in Equity

The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity.

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Delaware Del. Const. Art. IV, § 11 Justices Jurisdiction of the Supreme Court

The Supreme Court shall have jurisdiction as follows: (1)(a) To receive appeals from the Superior Court in civil causes and to determine finally all matters of appeal in the interlocutory

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or final judgments and other proceedings of said Superior Court in civil causes: Provided that on appeal from a verdict of a jury, the findings of the jury, if supported by evidence, shall be conclusive. (1)(b) To receive appeals from the Superior Court in criminal causes, upon application of the accused in all cases in which the sentence shall be death, imprisonment exceeding one month, or fine exceeding One Hundred Dollars, and in such other cases as shall be provided by law; and to determine finally all matters of appeal on the judgments and proceedings of said Superior Court in criminal causes: Provided, however, that appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution shall be governed by the provisions of that Section. (1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred. (2) Wherever in this Constitution reference is made to a writ of error or a proceeding in error to the Superior Court, such reference shall be construed as referring to the appeal provided for in Section (1)(a) and Section (1)(b) of this Article. (3) To receive appeals from the Superior Court in cases of prosecution under Section 8 of Article V of this Constitution and to determine finally all matters of appeal in such cases. (4) To receive appeals from the Court of Chancery and to determine finally all matters of appeal in the interlocutory or final decrees and other proceedings in chancery. (5) To issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court, and the Court of Chancery, or any of the Judges of the said courts and also to any inferior court or courts established or to be established by law and to any of the Judges thereof and to issue all orders, rules and processes proper to give effect to the same. The General Assembly shall have power to provide by law in what manner the jurisdiction and power hereby conferred may be exercised in vacation and whether by one or more Justices of the Supreme Court. (6) To issue such temporary writs or orders in causes pending on appeal, or on writ of error, as may be necessary to protect the rights of parties and any Justice of the Supreme Court may exercise this power when the court is not in session. (7) To exercise such other jurisdiction by way of appeal, writ of error or of certiorari as the General Assembly may from time to time confer upon it. (8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it.

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Delaware Del. Const. Art. IV, § 17 Jurisdictional Changes by General Assembly; Appeals to Supreme Court

The General Assembly, notwithstanding anything contained in this Article, shall have power to repeal or alter any Act of the General Assembly giving jurisdiction to the former Court of Oyer

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and Terminer, the former Superior Court, the former Court of General Sessions of the Peace and Jail Delivery, the former Court of General Sessions, the Superior Court hereby established, the Family Court hereby established, the Court of Common Pleas hereby established or the Court of Chancery, in any matter, or giving any power to any of the said courts. The General Assembly shall also have power to confer upon the Superior Court, the Family Court, the Court of Common Pleas and the Court of Chancery jurisdiction and powers in addition to those hereinbefore mentioned. Until the General Assembly shall otherwise direct, there shall be an appeal to the Supreme Court in all cases in which there is an appeal, according to any Act of the General Assembly, to the former Court of Errors and Appeals or to the former Supreme Court of this State.

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Delaware Del. Const. Art. IV, § 28 Criminal Jurisdiction of Inferior Courts and Justices of the Peace; Regulation of Jurisdiction; Indictment; Jury Trial; Appeals

The General Assembly may by law give to any inferior courts by it established or to be established, or to one or more justices of the peace, jurisdiction of the

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criminal matters following, that is to say--assaults and batteries, carrying concealed a deadly weapon, disturbing meetings held for the purpose of religious worship, nuisances, and such other misdemeanors as the General Assembly may from time to time, with the concurrence of two-thirds of all the Members elected to each House, prescribe. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by grand jury, or trial by petit jury, and may grant or deny the privilege of appeal to the Superior Court; provided, however, that there shall be an appeal to the Superior Court in all cases in which the sentence shall be imprisonment exceeding one (1) month, or a fine exceeding One Hundred Dollars ($100.00).

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Delaware 10 Del. C. § 9301 Civil Jurisdiction; Amount in Controversy

Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following: (1) Common-law actions in contract, express or implied, and common-law actions in

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tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $15,000. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $15,000. (2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $15,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $15,000. (3) Summary possession actions as provided in Chapter 57 of Title 25. (4) Distress for rent actions as provided in Chapter 63 of Title 25. (5) Truancy actions as provided in Chapter 27 of Title 14. Except as otherwise provided in Chapter 27 of Title 14, the Justice of the Peace Court shall have original exclusive jurisdiction of such actions. (6) Any other civil jurisdiction provided by law.

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Montana Mont. Code Ann. § 3-1-101 The several courts of this state
The following are courts of justice of this state: (1) the court of impeachment, which is the senate; (2) the supreme court; (3) the district courts; (4) the municipal
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courts; (5) the justices' courts; (6) the city courts and such other courts of limited jurisdiction as the legislature may establish in any incorporated city or town.
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Montana MT Const Art. 7, § 2 Supreme court jurisdiction
The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such
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other writs as may be provided by law. It has general supervisory control over all other courts. It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation. Supreme court process shall extend to all parts of the state.
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Montana MT Const Art. 7, § 4 District court jurisdiction
The district court has original jurisdiction in all criminal cases amounting to felony and all civil matters and cases at law and in equity. It may issue all writs appropriate
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to its jurisdiction. It shall have the power of naturalization and such additional jurisdiction as may be delegated by the laws of the United States or the state of Montana. Its process shall extend to all parts of the state. The district court shall hear appeals from inferior courts as trials anew unless otherwise provided by law. The legislature may provide for direct review by the district court of decisions of administrative agencies. Other courts may have jurisdiction of criminal cases not amounting to felony and such jurisdiction concurrent with that of the district court as may be provided by law.
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Montana Mont. Code Ann. § 3-5-901 State assumption of district court expenses
(1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in
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subsection (3). These costs include but are not limited to the following: (a) salaries and benefits for: (i) district court judges; (ii) law clerks; (iii) court reporters, as provided in 3-5-601; (iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and (v) other employees of the district court; (b) in criminal cases: (i) fees for transcripts of proceedings, as provided in 3-5-604; (ii) witness fees and necessary expenses, as provided in 46-15-116; (iii) juror fees and necessary expenses; (iv) for a psychiatric examination under 46-14-202, the cost of the examination and other associated expenses, as provided in 46-14-202(4); and (v) for commitment under 46-14-221, the cost of transporting the defendant to the custody of the director of the department of public health and human services to be placed in an appropriate facility of the department of public health and human services and of transporting the defendant back for any proceedings, as provided in 46-14-221(5); (c) except as provided in 47-1-201(5), the district court expenses in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings; (d) except as provided in 47-1-201(5), the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence: (i) transcript fees; (ii) witness fees; and (iii) expenses for psychiatric examinations; (e) except as provided in 47-1-201(5), the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody: (i) transcript fees; (ii) witness fees; (iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation; (iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and (v) expenses associated with court-ordered alternative dispute resolution; (f) except as provided in 47-1-201(5), costs of juror and witness fees and witness expenses before a grand jury; (g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a); (h) except as provided in 47-1-201(5), all district court expenses associated with civil jury trials if similar expenses were paid out of the district court fund or the county general fund in any previous year; (i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors; and (j) costs associated with the operation and maintenance of the youth court and youth court division operations pursuant to 41-5-111 and subsection (1)(a) of this section, except for those costs paid by other entities identified in Title 41, chapter 5. (2) If a cost is not paid directly by the office of court administrator, the county shall pay the cost and the office of court administrator shall reimburse the county within 30 days of receipt of a claim. (3) For the purposes of subsection (1), district court costs paid by the office of court administrator do not include: (a) costs for clerks of district court and employees and expenses of the offices of the clerks of district court; (b) costs of providing and maintaining district court office space; or (c) charges incurred against a county by virtue of any provision of Title 7 or 46. Credits
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Montana Mont. Code Ann. § 3-6-103; Mont. Code Ann. § 3-6-105; Jurisdiction
The municipal court has jurisdiction coordinate and coextensive with the justices' courts of the county where the city is located and has exclusive original jurisdiction of all civil and criminal
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actions and proceedings provided for in 3-11-103. Municipal courts have concurrent jurisdiction with the district court in actions arising under Title 70, chapters 24 through 27. Applications for search warrants and complaints charging the commission of a felony may be filed in municipal court. The municipal court judge has the same jurisdiction and responsibility as a justice of the peace, including holding preliminary hearings. The city attorney may initiate proceedings charging a felony if the offense was committed within the city limits, but the county attorney shall take charge of the action if an information is filed in district court.
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Montana Mont. Code Ann. § 3-7-501 Jurisdiction
The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through
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the water division or water divisions that contain the judicial district wholly or partly. A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201. The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division. The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.
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Montana Mont. Code Ann. § 3-10-103; Mont. Code Ann. § 3-10-303 Criminal Jurisdiction
(1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows: (a) except as provided in subsection (2), jurisdiction
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of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both; (b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000 or imprisonment for not more than 6 months, or both; (c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or imprisonment exceeding 6 months, or both; (d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by a fine exceeding $1,000 or imprisonment exceeding 6 months, or both; (e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings; (f) jurisdiction of all violations of Title 61, chapter 10; and (g) all misdemeanor violations of Title 81, chapter 8, part 2. (2) In any county that has established a drug treatment court or a mental health treatment court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.
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Montana Mont. Code Ann. § 3-11-102 Concurrent Jurisdiction
(1) The city court has concurrent jurisdiction with the justice's court of all misdemeanors and proceedings mentioned and provided for under chapter 10, part 3, of this title. (2) Applications for
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search warrants and complaints charging the commission of a felony may be filed in the city court. When they are filed, the city judge has the same jurisdiction and responsibility as a justice of the peace, including the holding of a preliminary hearing. The city attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The county attorney, however, must handle any action after a defendant is bound over to district court.
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Montana Mont. Code Ann. § 3-11-103 Exclusive Jurisdiction
Except as provided in 3-11-104, the city court has exclusive jurisdiction of: (1) proceedings for the violation of an ordinance of the city or town, both civil and criminal; (2) when the
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amount of the taxes or assessments sought does not exceed $9,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action: (a) city or town purposes; (b) the erection or improvement of public buildings; (c) the laying out, opening, or improving of a public street, sidewalk, alley, or bridge; (d) the acquisition or improvement of any public grounds; and (e) public improvements made or ordered by the city or town within its limits; (3) actions for the collection of money due to the city or town or from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed $9,500; (4) when the amount claimed, exclusive of costs, does not exceed $9,500, actions for: (a) the breach of an official bond given by a city or town officer; (b) the breach of any contract when the city or town is a party or is in any way interested; (c) damages when the city or town is a party or is in any way interested; (d) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town; and (e) collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (4)(a) through (4)(d); (5) actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not exceed $9,500; and (6) actions for the collection of a license fee required by an ordinance of the city or town.
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Montana Mont. Code Ann. § 3-11-101 City court established--city court of record
A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all
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business, civil and criminal. On nonjudicial days, as defined in 3-1-302, the court may transact criminal business only.
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Montana Mont. Code Ann. § 3-12-103 Creation of court
A small claims court may be created by a resolution passed by the board of county commissioners after consultation with the district court judges of the judicial district in which
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the county is located or by county initiative as provided in Title 7, chapter 5, part 1. Upon passage of the resolution or initiative, the judge of the appropriate judicial district shall, by court order, establish a small claims court under the provisions of this chapter. When the order is filed with the clerk of the district court of the appropriate county, the clerk of the district court becomes the clerk of the small claims court.
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