DE · rules
Del. Super. Ct. Crim. R. 48
Dismissal
(a) By attorney general. The attorney general may without leave of the court file a dismissal of an
indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may
not be filed during the trial without the consent of the defendant or after conviction without leave of the
court.
(b) By court. If there is unnecessary delay in presenting the charge to a grand jury or in filing an
information against a defendant who has been held to answer in Superior Court, or if there is unnecessary
delay in bringing a defendant to trial, the court may dismiss the indictment, information or complaint.
History
Adopted, effective Feb. 12, 1953; revised, effective Jan. 1, 1992.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
1dd68d2cab5b8fdaea24aa10933a31b0cdfaa50308163fc971e3a99ba9cd615b
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