Delaware Superior Court Criminal Rules – 2026

The Delaware Superior Court Criminal Rules govern the procedure for felony and other criminal cases tried in Delaware's Superior Court.

Last updated September 30, 2026

Browse all 83 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 and complaint Rule 4 Arrest warrant or summons; capias Rule 5 Initial appearance before the committing magistrate Rule 5.1 Preliminary examination

Part III: Indictment and Information

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

Part IV: Arraignment, and Preparation for Trial

Rule 10 Arraignment Rule 11 Pleas Rule 12 Pleadings and motions before trial; defenses and objections 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

Part V: Venue and Transfer

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

Part VI: Trial

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

Part VII: 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 [For application of this rule regarding modification of a habitual offender sentence, see Special Rule of Procedure 2017-1, contained in an appendix to these rules] Rule 35A Modification of sentence for an offense committed as a juvenile Rule 36 Clerical mistakes

Part VIII: Appeal

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

Part IX: Supplementary and Special Proceedings

Rule 40 Criminal forfeiture Rule 41 Search and seizure Rule 42 Criminal contempt Rule 42.1 Protection of victims and witnesses Rule 42.2 Expungement of criminal records

Part X: General Provisions

Rule 43 Presence of the defendant Rule 44 Right to and assignment of counsel 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