by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
An official record or an entry therein or the lack of such a record or entry may be proved in the same manner as in civil actions.De. R. Crim. P. Super. Ct. 27
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Harmless error. Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.(b)Plain error. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
Exceptions to rulings or orders of the Court are unnecessary and, for all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of the Court is made or sought, makes known to the Court the action...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
Before ordering a mistrial, the court shall provide an opportunity for the state and for each defendant to comment on the propriety of the order, including whether each party consents or objects to a mistrial, and to suggest any alternatives.De. R. Crim. P. Super. Ct....
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a) The Court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable.(b) The Court in each county shall set its motion days by special local rule. Del. Crim. R. C.P. 50Amended,...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Motion for production. – After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney general or the defendant and the defendant’s attorney, as the...
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