As amended through November 14, 2024
Rule 1 - Scope; Title; Effective Date; Definitions; Application of Terms(a) Scope. These rules shall govern the procedure in the Family Court of the State of Delaware in all criminal and delinquency proceedings.(b) Title. These Rules may be known and cited as the "Family Court Rules of Criminal Procedure."(c) Effective date. These Rules shall take effect on January 1, 1987. They shall govern all criminal and delinquency proceedings commenced after the effective date of these Rules, and shall apply, so far as is just and practicable, to all proceedings pending after the effective date of these Rules even though commenced before such effective date.(d) Definitions. For the purpose of these Rules, unless the context requires otherwise, any words used herein which are also defined in Title 10 of the Delaware Code shall have the same meaning.(e) Application of terms. As used in these Rules, the words "Attorney General" shall include any deputy attorney general; "committing magistrate" shall include a master or any judicial officer authorized to issue a warrant for a person alleged to have committed a violation of the law; "crime" shall, in the case of a child, mean "act of delinquency"; "criminal" shall similarly include "delinquent"; "defendant" shall similarly include "respondent"; "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; "felony" shall also mean "act of delinquency which would constitute a felony if committed by an adult"; "guilt" shall, in the case of a child, mean "delinquency"; "guilty" shall similarly mean "delinquent"; "misdemeanor" shall also mean "act of delinquency which would constitute a misdemeanor if committed by an adult"; "plead" shall, in the case of a child, mean "admit or deny"; "plead guilty" shall similarly mean "admit"; "plead not guilty" shall similarly mean "deny"; "pleas" shall similarly mean "admissions or denials;" "Public Defender" shall include any assistant public defender; "sentence" shall, in the case of a child, mean "disposition"; and "trial" shall similarly mean "fact-finding hearing." Del. Fam. Ct. R. Crim. P. 1