(a) Prior to commencement. Prior to the commencement of the arraignment, the Court shall advise the person charged and, if the person charged is a child, the custodian as well of the following: (1) the nature and purpose of the pending proceedings; (2) the right to counsel; the right to request the assistance of the Public Defender if indigent; the right of a child to have counsel appointed at the expense of the custodian in the case of a child who wishes counsel and whose custodian is not indigent but has refused to obtain counsel for the child; and (3) if the person is not represented by counsel, the person's Constitutional rights.(b) Arraignment proceeding. In conducting the arraignment and before the person charged pleads to the allegation(s) in the information or petition, the Court shall inform the person charged and, if the person is a child, the custodian as well of the following: (1) the allegation(s) set forth in the information or petition; (2) the right to plead guilty or not guilty to the allegation(s); and (3) the right to a speedy trial on the allegation(s).(c) Arraignments in open court. Except as otherwise provided in this Rule, arraignments shall be conducted in open court. If the person charged has not already received same, the person charged, or the attorney, shall be given a copy of the information or petition before the person charged is called upon to plead. A reading of same may be waived by the person charged or counsel. The Court may inquire of the person charged whether or not the person understands the charges. If the Court is not satisfied that the person charged understands the nature of the allegation(s), the Court shall read or have the information or petition read to the person charged and/or the Court shall state the substance of the charge(s) to the person charged before accepting a plea. (d) Arraignment by prior pleading. Except where prohibited by local practice or the presiding judge, the defendant may waive arraignment in open court and enter a plea in writing if, on or before the date and time of the scheduled arraignment, there shall have been served upon the Attorney General and filed with the Court a response to the information or petition signed by the person charged, his attorney, if any, and the custodian of any child- defendant setting forth the following: (1) an acknowledgment that they have read the information or petition and that they understand the nature of the accusation(s) made; and(2) the date and time of the schedule arraignment; and (3) a waiver of the requirement of reading the information or petition in open court; and(4) the plea of the person charged, which shall not be a plea of guilty or nolo contendere; and(5) the current address of the person charged and his custodian, if any; and(6) the date, time and nature of the next hearing or proceeding obtained from the appropriate Court scheduling authority. For the purpose of computation of applicable time periods within these Rules, when the procedure for arraignment by prior pleading shall have been followed, the day of filing of the pleading shall be deemed the day of the arraignment.
Del. Fam. Ct. R. Crim. P. 10