Delaware Superior Court Criminal Rules – 2026

Rule 1 Scope

Rule 2 Purpose and construction Rule 3 Commencement and complaint Rule 4 Arrest warrant or summons; capias Rule 5 Initial appearance before the committing magistrate Rule 5.1 Preliminary examination Rule 6 The grand jury Rule 7 The indictment and the information Rule 8 Joinder of offenses and of defendants

Rule 9 Warrant or summons upon indictment or information Rule 10 Arraignment Rule 11 Pleas Rule 12.1 Notice of alibi Rule 12.2 Notice of insanity defense or expert testimony of defendant’s mental condition Rule 12.3 Notice of defense based upon public authority Rule 13 Trial together of indictments or informations Rule 14 Relief from prejudicial joinder Rule 15 Depositions Rule 16 Discovery and inspection Rule 17 Subpoena

Rule 17.1 Pretrial conference Rule 18 Place of prosecution and trial Rule 19 Reverse amenability proceedings Rule 20 Transfer from the county for plea and sentence Rule 21 Transfer from the county for trial

Rule 22 Time of motion to transfer Rule 23 Trial by jury or by the court Rule 24 Trial jurors Rule 25 Judge; disability Rule 26 Taking of testimony Rule 26.1 Conferences during trial Rule 26.2 Production of statements of witnesses Rule 26.3 Mistrial Rule 27 Proof of official record Rule 28 Interpreters Rule 29 Motion for judgment of acquittal Rule 29.1 Closing argument Rule 30 Instructions

Rule 31 Verdict Rule 32 Sentence and judgment Rule 32.1 Revocation or modification of partial confinement or probation Rule 33 New trial Rule 34 Arrest of judgment Rule 35 Correction or reduction of sentence [For application of this rule regarding modification of Rule 35A Modification of sentence for an offense committed as a juvenile

Rule 36 Clerical mistakes Rule 37 Appeal and certification to Supreme Court Rule 37A Notice to attorney general; filing information Rule 37.1 Notice to attorney general; appeals de novo; appeals on the record Rule 38 Stay of execution Rule 39 Appeal to Superior Court Rule 39.1 Dismissal of appeals Rule 40 Criminal forfeiture Rule 41 Search and seizure Rule 12 The motion shall set forth the standing of the movant to make the application and shall state the Rule 42 Criminal contempt Rule 42.1 Protection of victims and witnesses

Rule 42.2 Expungement of criminal records Rule 43 Presence of the defendant Rule 44 Right to and assignment of counsel Rule 68 Rule 45 Time Rule 46 Release from custody Rule 47 Motions; pro se applications Rule 48 Dismissal Rule 49 Service and filing of papers Rule 50 Calendars; plans for prompt disposition Rule 51 Exceptions unnecessary Rule 52 Harmless error and plain error Rule 53 Regulation of conduct in the courtroom Rule 54 Application and exception Rule 55 Records and exhibits Rule 56 Court and proceedings Rule 57 Rules; procedure not provided Rule 58 Fees and costs; bank accounts Rule 59 Effective date Rule 60 Title Rule 61 Postconviction remedy Rule 62 Commissioners Rule 63 Admission pro hac vice Rule 64 Electronic filing Rule 5.2 Pretrial release Rule 5.3 Modification of conditions of release Rule 5.4 Proceedings for violation of pretrial supervision