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DE · rules

Del. Super. Ct. Crim. R. 45

Time

activein force · 1993-04-14 – presentact-effective-date

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court,

or by statute, the day of the act, event or default after which the designated period of time begins to run

shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or

Sunday, or other legal holiday, or other day on which the prothonotary is closed, in which event the

period shall run until the end of the next day on which the prothonotary is open. When the period of time

prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and other legal holidays shall

be excluded in the computation. As used in this rule “legal holidays” shall be those days provided by

statute or appointed by the Governor or the Chief Justice of the State of Delaware.

(b) Enlargement. When an act is required or allowed to be done at or within a specified time, the court for

cause shown may at any time in its discretion (1) with or without motion or notice, order the period

enlarged if request therefor is made before the expiration of the period originally prescribed or as

extended by a previous order or (2) upon motion made after the expiration of the specified period permit

the act to be done if the failure to act was the result of excusable neglect; but the court may not extend the

time for taking any action under Rules 29, 33, 34, 35, and 61(i)(1), except to the extent and under the

Conditions stated in them.

(c) Unaffected by expiration of term. [Omitted].

(d) For motions; affidavits. A written motion, other than one which may be heard ex parte, and notice of

the hearing thereof shall be served not later than 2 days before the time specified for the hearing unless a

different period is fixed by rule or order of the court. For cause shown such an order may be made on ex

parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion;

and opposing affidavits may be served not less than 1 day before the hearing unless the court permits

them to be served at a later time.

(e) Additional time after service by mail. Whenever a party has the right or is required to do an act within

a prescribed period after the service of a notice or other paper upon that party and the notice or other

paper is served by mail, 3 days shall be added to the prescribed period.

History

Adopted, effective Feb. 12, 1953; amended, effective June 1, 1969; Jan. 1, 1977; Oct. 15, 1980; revised, effective Jan. 1, 1992; amended, effective Apr. 14, 1993.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
b58bbaa10d013ebcf13caa094c68e7337c09453ea712663dc1a5c4421978568d
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Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

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Del. Super. Ct. Crim. R. 45 — Time · binding.law