DE · rules
Del. Super. Ct. Crim. R. 23
Trial by jury or by the court
(a) Trial by jury. Cases required to be tried by jury shall be so tried unless the defendant waives a jury
trial in writing with the approval of the court and the consent of the state.
(b) Jury of less than twelve. Juries shall be of 12 but at any time before verdict the parties may stipulate in
writing with the approval of the court that the jury shall consist of any number less than 12 or that a valid
verdict may be returned by a jury of less than 12 should the court find it necessary to excuse one or more
jurors for any just cause after trial commences.
(c) Trial without a jury. In a case tried without a jury the court shall make a general finding and shall in
addition, on request made before the general finding, find the facts specially. Such findings may be oral.
If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear
therein.
History
Adopted, effective Feb. 12, 1953; amended, effective June 1, 1969; revised, effective Jan. 1, 1992.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
06e6447b41367584bb2322bc41d0f3a78ea2e18d82820522bb66253d500a4c30
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