Nolle prosequi and dismissal

Family Court Criminal Rules

Rule: 48

Jurisdiction: DE

Bluebook Citation: Del. Fam. Ct. Crim. R. 48

(a) Nolle prosequi by Attorney General. The Attorney General may file a nolle prosequi in writing or orally on the record. The latter need not be reduced to writing as long as same is reflected in the written record of the judge or master accepting the nolle prosequi on the record. Upon entry of a nolle prosequi of an information, petition or complaint, the prosecution thereof shall terminate; however, in any case in which a plea of guilty or nolo contendere shall have been entered or a finding of guilt made, a nolle prosequi shall be filed and entered only by and with the consent of the Court. (b) Dismissal by Court. If there is unnecessary delay in bringing to trial a person held to answer, the Court may dismiss all proceedings in that action and release the accused and vacate any appearance bonds. Rule 49. Masters. (a) Appointment; qualifications. The Chief Judge shall appoint, commission and set salaries of qualified persons to act as masters in the Court, all of whom shall hold office at the pleasure of the Chief Judge, shall be residents of the State for at least 5 years immediately preceding their appointment. (b) Authority. (1) Masters may hear and determine any matters properly before them as the Chief Judge may direct and may order the issuance of legal process to compel the attendance of necessary parties and witnesses, set bail, determine and punish civil contempt, render and enforce judgments, including default judgments, and assess fees and costs. (2) The findings and recommendations of a master shall become the judgment of the Court, with rights of appeal reserved to all parties, unless they be disapproved in writing by an order of the Chief Judge or designee or unless application for a review de novo has been made in writing within 15 days from the date of a master’s announcement of decision. (c) Duties. A master shall inform all parties unrepresented by counsel that he or she is a master in the Court and shall advise them of the provisions of Rule 49(b)(2) and Rule 49(d). As soon after announcement of decision is practicable, the master shall transmit to the Chief Judge or such associate judge as the Chief Judge designates all papers and records relating to the case. (d) Reviews de novo; appeals. Any defendant in an action before a master who desires to have the matter reheard by a judge of the Court shall, within 15 days after the master announces decision, file with the Court a written petition requesting trial de novo before a judge. Any party authorized by law to do so may appeal the master’s judgment to the appellate court.

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