Rule 10 – Arraignment

May 15, 2021 | Criminal Procedure, Delaware, Superior Court

(a) In open court. – Arraignment in open court shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before being called upon to plead.
(b) By closed circuit television. – Arraignment of incarcerated defendants pursuant to subdivision (a) of this rule may be conducted by closed circuit television. Television monitors shall be situated in the courtroom and at the place of incarceration so as to provide the public, the court, and the defendant with a view of the proceedings. A videotape of the proceedings shall constitute the record of the court.
(c) By written pleading. –

(1) When permitted; effect. – In lieu of arraignment in open court or by closed circuit television, an attorney for a defendant may, at or before the time scheduled for arraignment, direct the entry of a not guilty plea by written pleading to any charge other than murder in the first degree for which the defendant has been held to answer in Superior Court, including a reindictment, whether or not the defendant has been released on bail. A plea may be entered by written pleading to a charge for which the defendant has not been so held only when the charge arises from the same transaction as, or is joined in the same indictment or information with, a charge for which the defendant has been held to answer in Superior Court. The date that the pleading is filed shall be considered the date of arraignment. An attorney who files a not guilty plea by written pleading shall be deemed to have entered a general appearance for the defendant and shall thereafter be permitted to withdraw only with leave of the court for good cause.
(2) Form; service. – The pleading shall state (1) the name and criminal action number of all charges to which a not guilty plea is entered, (2) the defendant’s current address, and (3) the next scheduled court appearance which shall have been obtained from the court. In addition to service on the attorney general, the pleading shall be served on the defendant and, if bail has been posted, on the surety.
(3) Continuation of bail. – When the nature or number of the charges is changed after the defendant is held to answer in Superior Court, the bail previously fixed shall apply to the new charges. The attorney general may move to increase the bail and the surety may move to withdraw.

De. R. Crim. P. Super. Ct. 10