by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
All sidebar conferences and chambers conferences during trial shall be recorded unless the trial judge determines, in advance, that neither evidentiary nor substantive issues are involved.De. R. Crim. P. Super. Ct. 26.1
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 | 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 | Criminal Procedure, Delaware, Superior Court
(a) Trial by jury. – Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state.(b) Jury of less than twelve. – Juries shall be of 12 but at any time...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
A motion to transfer under these rules may be made at or before arraignment or at such other time as the court or these rules may prescribe.De. R. Crim. P. Super. Ct. 22
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