Rule 45 – Time

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

(a) Computation. – In computing any period of time prescribed or allowed by these rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or Sunday, or other legal holiday, or other day on which the prothonotary is closed, in which event the period shall run until the end of the next day on which the prothonotary is open. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and other legal holidays shall be excluded in the computation. As used in this rule “legal holidays” shall be those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware.
(b) Enlargement. – When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect; but the court may not extend the time for taking any action under Rules 29, 33, 34, 35, and 61(i) (1), except to the extent and under the Conditions stated in them.
(c) Unaffected by expiration of term. – [Omitted].
(d) For motions; affidavits. – A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 2 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not less than 1 day before the hearing unless the court permits them to be served at a later time.
(e) Additional time after service by mail. – Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon that party and the notice or other paper is served by mail, 3 days shall be added to the prescribed period.

De. R. Crim. P. Super. Ct. 45