Del. Fam. Ct. R. Crim. P. 47

As amended through November 14, 2024
Rule 47 - Motions, Briefs and other Papers
(a) Motions: How and when made; contents. An application to the Court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing and in conformity with this Rule unless the Court permits otherwise. All motions shall consist of a notice of motion, motion, proposed form of order and supporting affidavits and other material which shall be filed with the Court and served on the opposing party or counsel. The other party shall file affidavits and other material in response to the motion, including a proposed form of order with the Court within 10 days, unless otherwise provided in these Rules or upon leave of Court. All affidavits shall be signed by the parties unless they relate exclusively to matters within the knowledge of counsel or third parties. If the affidavits and other materials submitted with the original moving papers do not make out a prima facie case for the relief requested, the motion may be denied by the Court. If no affidavits or other materials are filed in opposition to the motion within the time allowed therefor, it may be granted by the Court.
(b) Service: When required. Written motions and petitions other than those which are heard ex parte, written notices, and similar papers shall be served upon each of the parties.
(c) Service: How made. Whenever under these Rules or by an order of the Court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the Court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions.
(d) Filing. Papers required to be served shall be filed with the Court. Papers shall be filed in the manner provided in civil actions.
(e) Setting down for hearing. While either party may request, in the moving papers, oral argument of a motion or an evidentiary hearing thereon, the judge or master to whom the motion is presented may decide the motion on the moving papers submitted to the Court without further notice to either party unless the interests of justice require otherwise, or may enter an interim order based on the moving papers subject to modification at a later hearing if requested.
(f) Notice of orders. Immediately upon the entry of an order made on a written motion subsequent to arraignment, the Clerk of the Court shall mail to each party a notice thereof and shall make a note in the Court's record of the mailing.
(g) Form. The form of briefs and letter memoranda shall be as set forth in Family Court Civil Rule 107; the form of motions and other papers shall be as set forth in Family Court Civil Rule 7.

Del. Fam. Ct. R. Crim. P. 47