Rule 41.1 - Forfeiture of Property Used for Unlawful Purpose(a) Procedure. Whenever the State seeks to forfeit property allegedly used in the commission of a crime, as authorized by statute, it shall, prior to trial, file a motion of forfeiture to be served upon the person charged, or counsel of record, not later than 20 days prior to the scheduled date of trial.(b) Trial of the use issue. If the person charged is found guilty of the offense in which the property was allegedly used, the Court shall then be required to determine the issue of unlawful use. Both the State and the person charged shall be entitled to present additional evidence on the use issue but the State shall have the burden of proving unlawful use by a preponderance of the evidence. If the Court determines that the property was used in the commission of a crime, the property shall be ordered forfeited and disposed of as the Court shall direct, subject to subdivision (c) of this Rule. If the Court determines that the property was not used in the commission of a crime, the property shall be returned to the person charged.(c) Interests of third parties. If the property is declared forfeited in accordance with subdivision (b) of this Rule, the Court shall require public notice of the forfeiture for a period of not less than 30 days, with direct notice to such parties as the Court deems appropriate. Any person, other than the person charged, who claims an interest in said property may appear and assert such interest in a manner and within such time as the Court may direct in said notice. If the Court is satisfied that said party has asserted a legitimate interest in said property and that said property was used in the commission of a criminal offense without the knowledge of said party, the court shall protect said interest in any final disposition of the property on such terms and conditions as the Court deems just.Del. Fam. Ct. R. Crim. P. 41.1