Chapter X · General Provisions

Rule 54. Application and exception

Amended 2025 (current)

(a) Courts. These rules apply to all criminal proceedings in the Justice of the Peace Court.

(b) Other proceedings. These rules are not applicable to extraordinary writs, extradition and rendition of fugitives, civil forfeiture of property or the collection of fines and penalties, except to the extent expressly provided.

(c) Application of terms. As used in these Rules the following terms have the designated meanings. "Attorney General" means the Attorney General of the State of Delaware and any authorized deputy attorney general. "Civil action" refers to a civil action in the Justice of the Peace Court. "Court" refers to the Justice of the Peace Court and any individual Justice of the Peace thereof, unless the content shows that another court is intended. "Court of Common Pleas" means the Court of Common Pleas of the State of Delaware. "Dismissal" includes nolle prosequi . "Family Court" means the Family Court of the State of Delaware. "Justice of the Peace Court" means the Justice of the Peace Court of the State of Delaware. "Law" includes the state and federal constitutions, statutes, and judicial decisions. "Oath" includes affirmations. "Clerk" and "Clerk of Court" means any non-judicial personnel authorized to perform functions of the Clerk of Court. "Prosecuting agency" means any public agency of the state, county or municipal government authorized by statute or by the Attorney General under 29 Del. C. § 2516 to proceed on a criminal charge in a court of law. "State" refers to the State of Delaware. "Statute" means any public law enacted by the General Assembly of the State of Delaware. "Superior Court" means the Superior Court of the State of Delaware. "Supreme Court" means the Supreme Court of the State of Delaware.