De. R. Crim. P. Super. Ct. 54

As amended through November 14, 2024

Rule 54 - Application and exception

(a) Courts. - These rules apply to all criminal proceedings in Superior Court and to preliminary or supplementary proceedings in other courts.

(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 Superior Court.

"Committing magistrate" refers to any judge of Family Court of the State of Delaware, Court of Common Pleas of the State of Delaware, Municipal Court for the City of Wilmington, Justice of the Peace, Court Commissioner or other person authorized by law to perform judicial functions in proceedings preliminary or supplementary to criminal proceedings in Superior Court.

"Court" refers to Superior Court and any judge thereof, unless the context shows that another court is intended.

"Demurrer," "motion to quash," "plea in abatement," "plea in bar" and "special plea in bar," or words to the same effect, in any statute of this state shall be construed to mean the motion raising a defense or objection provided in Rule 12.

"Dismissal" includes nolle prosequi.

"Law" includes the state and federal constitutions, statutes and judicial decisions. "Oath" includes affirmations.

"Prothonotary" means the Prothonotary of each County and any deputy or clerk in their offices authorized to perform functions of the clerk of the court.

"Public defender" means the Public Defender of the State of Delaware and any authorized assistant public defender.

"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.

De. R. Crim. P. Super. Ct. 54