DE · rules

Del. Super. Ct. Crim. R. 29

Motion for judgment of acquittal

activein force · 1992-01-01 – presentact-effective-date

(a) Motion before submission to jury. Motions for directed verdict are abolished and motions for

judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion

shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or

information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction

of such offense or offenses. If a defendant’s motion for judgment of acquittal at the close of the evidence

offered by the state is not granted, the defendant may offer evidence without having reserved the right.

(b) Reservation of decision on motion. If a motion for judgment of acquittal is made at the close of all the

evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion

either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having

returned a verdict.

returned a verdict, a motion for judgment of acquittal may be made or renewed within 7 days after the

jury is discharged or within such further time as the court may fix during the 7-day period. If a verdict of

guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. If no

verdict is returned the court may enter judgment of acquittal. It shall not be necessary to the making of

such a motion that a similar motion has been made prior to the submission of the case to the jury.

(d) Conditional ruling on grant of motion. [Omitted].

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: 50016f615bd6c037cbe6ba453673bfba54762aac84fd25ab88e54ac507496eed

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