Rule 57 – Rules; procedure not provided

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

(a) Adoption; local rules; amendments. – The court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice in criminal proceedings pursuant to 11 Del. C. ยง 5121. Each county by action of a majority of the judges residing therein may from time to time make and amend local rules governing its practice not inconsistent with these rules.
(b) Administrative orders. – The court by action of a majority of the judges thereof may enter administrative orders modifying or supplementing the rules governing its practice in criminal proceedings.
(c) Publication; effective date. – Copies of rules, amendments and administrative orders shall be published in the manner prescribed by the court and shall be furnished to the prothonotary and made available to the public. Unless otherwise provided, they shall take effect immediately on publication and shall govern all criminal proceedings thereafter commenced and so far as just and practicable all proceedings then pending.
(d) Procedure not provided. – In all cases not provided for by rule or administrative order, the court shall regulate its practice in accordance with the applicable Superior Court civil rule or in any lawful manner not inconsistent with these rules or the rules of the Supreme Court.

De. R. Crim. P. Super. Ct. 57