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← Delaware Justice of Peace Criminal Rules

Part I — Scope, Purpose And Construction

1 Scope of Rules
2 Purpose and Construction

Part II — Preliminary Proceedings

3 Commencement and complaint
4 Arrest warrant or summons; capias
5 Appearance before the Justice of the Peace acting as committing magistrate D

Part III — Charging Documents

6 The arrest warrant or summons
7 The information
8 Joinder of offenses and of defendants
9 Return of warrant or summons upon indictment or information issued by another court

Part IV — Arraignment And Preparation For Trial

10 Initial appearances and arraignments
10.1 Establishment of trial dates D
11 Pleas
12 Pleadings and motions before trial; defenses and objections D
13 Trial together of the offenses charged in two or more documents
14 Relief from prejudicial joinder
16 Discovery and inspection D
16.1 Bill of particulars
17 Subpoena
17.1 Pretrial conference

Part IX — Supplementary And Special Proceedings

41 Search and seizure
42 Criminal contempt

Part V — Venue And Transfer

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

Part VI — Trial

23 Trial
25 Justice of the Peace; disability
26 Taking of testimony
26.3 Mistrial
27 Proof of official record
28 Interpreters
29 Motion for judgment of acquittal
29.1 Closing argument

Part VII — Judgment

32 Sentence and judgment
33 New trial D
35 Correction or reduction of sentence D
36 Clerical mistakes

Part X — General Provisions

43 Presence of the defendant
44 Right of counsel
44.1 Appointment of counsel for juveniles D
45 Time D
46 Bail [See interim Superior Court Criminal Rules 5.2 to 5.4 regarding application of 11 Del C. Chapter 21] D
48 Nolle prosequi and dismissal
49 Service and filing of papers
51 Exceptions unnecessary
52 Harmless error and plain error
53 Conduct in the courtroom
54 Application and exception
55 Records and exhibits
56 Court and proceedings
57 Rules; procedure not provided
58 Fees and costs; deposit of funds
59 Effective date
60 Title
63 Admission pro hac vice
64 Facsimile transmission D

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Justice of Peace Criminal Rules

Chapter X · General Provisions

Rule 63. Admission pro hac vice

Amended 2025 (current)

Admission pro hac vice shall be governed by the applicable Civil Rule.

Source: Del. J.P. Ct. Crim. R. 63 (pdf p. 25)

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