Delaware Court of Common Pleas Criminal Rules – 2026

Criminal practice in the Court of Common Pleas, which handles misdemeanors and traffic offenses statewide and hears appeals from the Justice of the Peace Court. Modeled on the Superior Court's criminal rules and organized in nine parts running from preliminary proceedings and charging documents through arraignment, venue, trial, judgment and supplementary proceedings. Rule 64 governs the transfer of cases to the Court of Common Pleas, which is how much of its criminal docket arrives.

Last updated September 30, 2026

Browse all 76 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Part I: Scope, Purpose and Construction

Rule 1 Scope Rule 2 Purpose and construction

Part II: Preliminary Proceedings

Rule 3 Commencement Rule 4 Arrest warrant or summons; capias Rule 5 Appearance before the committing magistrate Rule 5.1 Preliminary hearing Rule 6 Rule 7 The information Rule 8 Joinder of offenses and of defendants Rule 9 Warrant or summons upon information

Part III: Arraignment and Preparation for Trial

Rule 10 Arraignment Rule 11 Pleas Rule 12 Pleadings and motions before trial; defenses and objections Rule 12.1 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 of informations Rule 14 Relief from prejudicial joinder Rule 15 Depositions Rule 16 Discovery and inspection Rule 17 Subpoena Rule 17.1 Pretrial/trial management conference

Part IV: Venue and Transfer

Rule 18 Place of prosecution and trial Rule 19 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

Part V: Trial

Rule 23 Trial by jury or by the Court Rule 23A Right to trial by jury 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 Expert witnesses and interpreters Rule 29 Motion for judgment of acquittal Rule 29.1 Closing argument Rule 30 Instructions Rule 31 Verdict

Part VI: Judgment

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 Rule 36 Clerical mistakes

Part VII: Appeals

Rule 37 Appeals to the Superior Court Rule 38 Stay of execution Rule 39 Appeals to the Court of Common Pleas

Part VIII: Supplementary and Special Proceedings

Rule 40 Rule 41 Search and seizure Rule 42 Criminal contempt

Part IX: General Provisions

Rule 43 Presence of the defendant Rule 44 Right to and assignment of counsel Rule 45 Time Rule 46 Release from custody [See interim Superior Court Criminal Rules 5.2 to 5.4 regarding application of 11 Del. C. Chapter 21] Rule 47 Motions; pro se applications Rule 48 Nolle prosequi and dismissal Rule 49 Service and filing of papers Rule 50 Calendars; order of business 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 Books and records kept by the clerk Rule 56 Courts and Clerk of Court Rule 57 Rules of the Court Rule 58 Fees and costs Rule 59 Effective date Rule 60 Title Rule 61 Postconviction remedy Rule 62 Admission pro hac vice Rule 63 Commissioners Rule 64 Transfer of cases to the Court of Common Pleas Rule 65 Electronic filing