Superior Court

Del. Code tit. 11, ch. 51

in effect

Del. Code tit. 11, § 5101 Writs or precepts to take persons indicted.

The Superior Court may issue writs or precepts, under the seal of the Court, to any sheriff, or other officer, of any county in the State, to take any person indicted.

Del. Code tit. 11, § 5102 Subpoenas and warrants generally; enforcement.

The Superior Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court.

Del. Code tit. 11, § 5103 Assignment of counsel.

(a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is unable to obtain counsel. (b) The Court may assign counsel to any person in any criminal prosecution as provided by the Rules of Criminal Procedure for the Superior Court.

Del. Code tit. 11, § 5104 Composition of Court in cases tried without jury; concurrence of all Judges sitting.

In a criminal case tried without a jury, the Superior Court shall consist of either 1, 2 or 3 Judges, as the Court shall determine; but if more than 1 Judge shall try such case, the concurrence of all the Judges sitting shall be required for a verdict.

Del. Code tit. 11, § 5105 Legal counsel for public officers and employees.

Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer’s or employee’s interests in the matter. If the Judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the Judge may require, determines that the petition has merit, the Judge shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall continue such representation until the final determination of the matter, even if the case is transferred to another court, unless such attorney is earlier released by such person or by the Court. This section shall also apply to all federal courts within this State.

Del. Code tit. 11, § 5106 Plea negotiations by the State.

(a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state on the record: (1) That the prosecuting attorney notified and discussed the plea agreement with the victim prior to its entry; or (2) If notification was not reasonably possible, what steps were taken to give such information to the victim. (b) In any case where the victim is deceased, the information required by subsection (a) of this section shall be given to any known next of kin. If the victim is an organization, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child. (c) For purposes of this section, “victim” is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense. (d) No violation of this section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief.

Del. Code tit. 11, § 5121 Adoption; scope.

(a) The Superior Court may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Superior Court from their inception to their termination, including such proceedings before inferior courts and justices of the peace as are preliminary to indictment or information filed in the Superior Court. (b) Such rules shall not abridge, enlarge or modify the substantive rights of any person, and shall preserve the right of trial by jury as at common law and as declared by the statutes and Constitution of this State. (c) The Rules of Criminal Procedure for the Superior Court adopted and promulgated by the Supreme Court prior to the enactment of this Code shall take effect upon the enactment of this Code. Any amendments of or supplements to such Rules which the Superior Court may hereafter adopt and promulgate shall take effect upon such date as the Superior Court shall fix in its order adopting and promulgating such amendments or supplements. After the effective date of any rule adopted and promulgated under this section, all laws inconsistent or in conflict therewith shall be of no further force or effect. (d) Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any such rules heretofore prescribed under authority of law.

Del. Code tit. 11, § 5122 Conflict between rules and statutes.

Any inconsistency or conflict between any rule of court promulgated under the authority of § 5121 of this title, or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in criminal actions in the Superior Court, shall be resolved in favor of such rule of court.

Del. Code tit. 11, § 5131 Legislative intent.

The General Assembly finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually required for adults. It is therefore the intent of the General Assembly to provide each child who is involved in a criminal proceeding within the Superior Court with certain fundamental rights and protections.

Del. Code tit. 11, § 5132 Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Child” shall mean a person who has not yet reached their eighteenth birthday. (2) “Victim” or “witness” shall not include any child accused of committing a felony; provided, however, that the word “victim” or “witness” may, in the Court’s discretion, include: a. A child where such child’s participation in a felony appears to have been induced, coerced or unwilling; or b. A child who has participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of the State.

Del. Code tit. 11, § 5133 Expedited proceedings.

In all criminal proceedings in the Superior Court involving a child victim or witness, the Court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time a child victim or witness must endure the stress of the victim’s or witness’ involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the Court shall consider and give weight to any adverse impact such delay or continuance might have on the well-being of any child victim or witness.

Del. Code tit. 11, § 5134 Additional rights and services.

(a) A child victim or witness is entitled to an explanation, in language understood by the child, of all legal proceedings in which the child is to be involved. (b) A child victim or witness is entitled to be accompanied, in all proceedings, by a “friend” or other person in whom the child trusts, which person shall be permitted to advise the judge, when appropriate and as a friend of the Court, regarding the child’s ability to understand proceedings and questions. (c) A child victim or witness is entitled to information about, and referrals to, appropriate social services and programs to assist such child, and the child’s family, in coping with the emotional impact of the crime, and the subsequent Court proceedings in which the child is to become involved.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c051/sc01/index.htmlFetched: 10/4/2026