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← Delaware Family Court Criminal Rules

Part I — Scope, Purpose, And Construction

1 Scope; title; effective date; definitions; application of terms
2 Purpose and construction

Part II — Preliminary Proceedings

3 Commencement of action
4 Warrant or summons upon complaint
5 Initial appearance before the committing magistrate
5.1 Child detention D
5.2 Manner of notice
6A Arbitration conferences
6B Amenability hearings in child delinquency proceedings
6C Preliminary hearing D

Part III — The Information And Petition

7 The information and petition D
8 Joinder of offenses and of persons charged
9 Warrant or summons upon information or petition

Part IV — Arraignment And Preparation For Trial

10 Arraignment
11 Pleas
12 Pleadings and motions before trial; defenses and objections D
12.1 Notice of insanity D
13 Joinder for trial of informations or petitions
14 Relief from prejudicial joinder
15 Depositions
16 Discovery and inspection D
17 Subpoena D
17.1 Pre-trial conference; case review

Part IX — Supplementary And Special Proceedings

41 Search and seizure D
41.1 Forfeiture of property used for unlawful purpose D
42 Criminal contempt

Part V — Venue

18 County
21 Transfer from the county for trial
22 Time of motion to transfer

Part VI — Trial

23 Continuances: Contents of motion or request; absence of material witness D
24 Type of trial; record
25 Judge; disability
27 Proof of official record
28 Expert witnesses and interpreters
29 Motion for judgment of acquittal
31 Finding; adjudication

Part VII — Judgment

32 Sentence and judgment
33 New trial D
34 Arrest of judgment D
35 Correction or reduction of sentence D
35.1 Preparation of transcript on appeal
36 Clerical mistakes

Part VIII — Appeals

37 Taking appeal; time
38 Stay of execution and relief pending review
38.1 Appeals by the State in criminal cases
38.2 Court-appointed counsel in appeals
39 Appeals to Family Court D

Part X — General Provisions

43 Presence of the person charged
44 Appointment of counsel for adults
44.1 Appointment of counsel for juveniles D
45 Time D
46 Bail
47 Motions, briefs and other papers D
48 Nolle prosequi and dismissal
49 Masters D
50 Calendars; order of business
51 Exceptions unnecessary
52 Harmless error and plain error
53 Regulation of conduct in the courtroom
55 Books and records kept by the Clerk and entries therein
56 The Family Court; duties of the Clerk; records and exhibits D
56.1 Supreme Court mandate
56.2 Certification of questions of law to the Supreme Court D
57 Rules of Court
60 Entry of appearance by counsel
61 Attorneys D
62 Records; privacy D
62.1 Electronic copy of audio record
63 Sealing records

Delaware Search About

Family Court Criminal Rules

Chapter VIII · Appeals

Rule 38. Stay of execution and relief pending review

Amended 2025 (current)

Stay of execution and relief pending review shall be as provided by statute.

Source: Del. Fam. Ct. Crim. R. 38 (pdf p. 24)

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