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← Delaware Common Pleas Criminal Rules

Part I — Scope, Purpose And Construction

1 Scope
2 Purpose and construction

Part II — Preliminary Proceedings

3 Commencement
4 Arrest warrant or summons; capias
5 Appearance before the committing magistrate D
5.1 Preliminary hearing
7 The information D
8 Joinder of offenses and of defendants
9 Warrant or summons upon information

Part III — Arraignment And Preparation For Trial

10 Arraignment
11 Pleas
12 Pleadings and motions before trial; defenses and objections D
12.2 Notice of insanity defense or expert testimony of defendant's mental condition
12.3 Notice of defense based upon public authority D
13 Trial of informations
14 Relief from prejudicial joinder
15 Depositions
16 Discovery and inspection D
17 Subpoena D
17.1 Pretrial/trial management conference

Part IV — Venue And Transfer

18 Place of prosecution and trial
20 Transfer from the county for plea and sentence
21 Transfer from the county for trial
22 Time of motion to transfer

Part IX — General Provisions

43 Presence of the defendant D
44 Right to and assignment of counsel
45 Time D
46 Release from custody [See interim Superior Court Criminal Rules 5.2 to 5.4 regarding
47 Motions; pro se applications
48 Nolle prosequi and dismissal
49 Service and filing of papers
50 Calendars; order of business
51 Exceptions unnecessary
52 Harmless error and plain error
53 Regulation of conduct in the courtroom
54 Application and exception
55 Books and records kept by the clerk D
56 Courts and Clerk of Court D
57 Rules of the Court
58 Fees and costs
59 Effective date
60 Title
61 Postconviction remedy D
62 Admission pro hac vice
63 Commissioners D
64 Transfer of cases to the Court of Common Pleas D
65 Electronic filing

Part V — Trial

23 Trial by jury or by the Court
23A Right to trial by jury
24 Trial jurors
25 Judge; disability
26 Taking of testimony
26.1 Conferences during trial
26.2 Production of statements of witnesses
26.3 Mistrial
27 Proof of official record
28 Expert witnesses and interpreters
29 Motion for judgment of acquittal D
29.1 Closing argument
30 Instructions
31 Verdict

Part VI — Judgment

32 Sentence and judgment
32.1 Revocation or modification of partial confinement or probation
33 New trial D
34 Arrest of judgment D
35 Correction or reduction of sentence D
36 Clerical mistakes

Part VII — Appeals

37 Appeals to the Superior Court
38 Stay of execution
39 Appeals to the Court of Common Pleas D

Part VIII — Supplementary And Special Proceedings

41 Search and seizure
42 Criminal contempt

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Common Pleas Criminal Rules

Chapter V · Trial

Rule 23A. Right to trial by jury

Amended 2025 (current)

The right to trial by jury in the Court of Common Pleas shall be as provided by statute.

Source: Del. C.C.P. Crim. R. 23A (pdf p. 17)

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