Rule 55 – Books and Records Kept by the Clerk

May 15, 2021 | Common Pleas, Criminal Procedure, Delaware

(a)Generally; sealed records. The clerk and each committing magistrate shall keep records in criminal proceedings in such form as the court may prescribe. No record shall be kept under seal except as provided by statute or these rules, or by order of the court for good cause.
(b)Case numbers; docket entries. The clerk shall keep a record of all criminal cases and shall assign each a consecutive identification number. All pleadings, motions, briefs and other papers filed with the clerk, all process issued and returns made thereon, all appearances, arguments, opinions, hearings, trials, orders, verdicts and judgments shall be given a docket number and shall be noted chronologically in the list of docket entries of the case. Such notation shall be brief, but shall show the nature of the paper filed or writ issued and the substance of each action, decision or order of the court and of each return or execution of process. The notation of each proceeding or judicial action shall name the presiding or acting judge.
(c)Custody. The clerk shall have custody of the records and papers of the court and of exhibits in evidence, and shall not permit any original record, paper or exhibit to be taken from the courtroom or from the clerk’s office except at the direction of the court or as provided by statute, by these rules or by the rules of the Superior Court or the Supreme Court. The clerk shall comply with the procedures set forth in the Superior Court rules pertaining to the transmission of the record to the prothonotary of the Superior Court.
(d)Exhibits. After the final determination of a case all exhibits shall be removed by the party who introduced them. If not so removed the clerk shall notify the parties by mail to remove them forthwith, and if they are not removed within 15 days from the date of mailing the notice, the clerk may obtain an order of the court for their disposition.
(e)Statistics. The clerk shall keep such judicial statistics as the court may direct.

Del. Crim. R. C.P. 55