Rule 56 – Courts and Clerk of Court

May 15, 2021 | Common Pleas, Criminal Procedure, Delaware

(a)Courts of Common Pleas always open. The Court of Common Pleas shall be deemed always open for the purpose of the transaction of business.
(b)Courtroom; chambers; duties of the Clerk. All pleas, trials and sentencings shall be conducted in open court and so far as convenient in a regular courtroom, unless otherwise provided by statute or these rules. All other acts or proceedings may be done or conducted in chambers. The Clerk of the Court, a Deputy or clerk, court reporter and bailiff shall attend all proceedings of the court unless excused by the presiding judge.
(c)Records and exhibits.

(1) Custody. The Clerk of the Court shall have custody of the records and papers of the Court. The Clerk shall not permit any original record, paper or exhibit to be taken from the courtroom or from the Clerk’s office except at the direction of the Court or as provided by statute or by these Rules.
(2) Removal of exhibits. Exhibits shall not be removed prior to the time provided in these Rules except on motion or stipulation and order of the Court.
(3) Disposition of exhibits. After the final determination of a cause by the Court and the expiration of the period for taking an appeal or obtaining a writ of error, if no writ of error has been sued out or appeal filed, all exhibits may be removed by the party who introduced them. If not so removed, the Clerk of the Court may notify both parties by mail to remove them forthwith; and if they are not removed within 15 days from the date of mailing said notice, the Clerk of the Court may obtain an order of the Court for their disposition.

Del. Crim. R. C.P. 56