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Rule 12 – Pleadings and motions before trial; defenses and objections

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

(a) Pleadings and motions. – Pleadings in criminal proceedings shall be the indictment and the information, and the pleas of not guilty, guilty, nolo contendere, and guilty but mentally ill. All other pleas, and demurrers and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by motion to dismiss or to grant appropriate relief, as provided in these rules.
(b) Pretrial motions. – Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:

(1) Defenses and objections based on defects in the institution of the prosecution; or
(2) Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings) ; or
(3) Motions to suppress evidence; or
(4) Motions to compel discovery under Rule 16; or
(5) Motions for severance of charges or defendants under Rule 14.
(c) Motion date. – The court may, at the time of the arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing.
(d) Notice by the state of the intention to use evidence – [Omitted].
(e) Ruling on motion; certification for appeal. – A motion made before trial shall be determined before trial unless the court, for good cause, orders that it be deferred for determination at the trial of the general issue or until after verdict, but no such determination shall be deferred if a party’s right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record. Within 30 days of the entry of an order suppressing evidence before trial, the attorney general may present to the judge who entered the order a certification for appeal and a proposed order, in accordance with 10 Del. C. ยง 9902(b).
(f) Effect of failure to raise defenses or objections. – Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by the court pursuant to subdivision (c) , or prior to any extension thereof made by the court, shall constitute waiver thereof, but the court for cause shown may grant relief from the waiver.
(g) Records. – A verbatim record shall be made of all proceedings at the hearing, including such findings of fact and conclusions of law as are made orally.
(h) Effect of determination. – If the court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that bail be continued for a specified time pending the filing of a new indictment or information.

Nothing in this rule shall be deemed to affect the provisions of any statute relating to periods of limitations.

De. R. Crim. P. Super. Ct. 12