by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Nolle prosequi by Attorney General. The Attorney General may file in open court, either orally or in writing, a nolle prosequi of an information and the prosecution thereof shall thereupon terminate, provided, however, that in any case in which a plea of guilty...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by law or by these rules, the Delaware Uniform Rules of Evidence, or the rules of the Supreme Court.De. R. Crim. P. Super. Ct. 26
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
An application to the Court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the Court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) During trial. If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying familiarity with the record of...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Examination. – In addition to the examination required by 11 Del. C. ยง 3301 in capital cases, the court shall conduct or permit such examination as is reasonably calculated to ascertain prejudice of a juror. The court shall itself conduct the examination of...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Release prior to trial. Eligibility for release prior to trial shall be in accordance with 11 Del. C., Chapter 21. (b)Release during trial. A person released before trial shall continue on release during trial under the same terms and conditions as were previously...
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