Rule 55 – Records and exhibits

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

(a) Generally; sealed records. – The prothonotary 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 prothonotary 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 prothonotary, 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 returns made thereon, the subject matter of the argument or opinion, the date the opinion is filed and whether it was without oral argument, the elapsed time of the hearing or trial, and the substance of each order of the court. The notation of an order or judgment shall include the date the notation is made. The notation of each proceeding or judicial action shall name the presiding or acting judge.
(c) Custody. – The prothonotary 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 prothonotary’s office except at the direction of the court or as provided by statute, by these rules or by the rules of the Supreme Court. The prothonotary shall comply with the procedures set forth in Supreme Court Rule 9 pertaining to the transmission of the record to the clerk of the Supreme 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 prothonotary 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 prothonotary may obtain an order of the court for their disposition.
(e) Stenographic notes. – Stenographic notes of class A felony cases shall be kept indefinitely unless they are specifically ordered to be destroyed by the court. Stenographic notes of all other felony cases may be destroyed after 20 years, unless otherwise ordered by the court. Stenographic notes of all other criminal matters may be destroyed after 10 years, unless otherwise ordered by the court.
(f) Statistics. – The prothonotary shall keep such judicial statistics as the court may direct.

De. R. Crim. P. Super. Ct. 55