Purpose and construction

Family Court Criminal Rules

Rule: 2

Jurisdiction: DE

Bluebook Citation: Del. Fam. Ct. Crim. R. 2

(a) Purpose. The Rules are intended to provide for the just determination of every criminal and delinquency proceeding and are adopted by the Family Court pursuant to its statutory authority to adopt rules for court administration, practice and procedure, not inconsistent with statute. (b) Construction. These Rules shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. If a Rule or subdivision thereof is invalid, all valid parts that are severable from the invalid part shall remain in effect. If a Rule or subdivision thereof is invalid in one or more of its applications, the Rule or subdivision thereof remains in effect in all valid applications that are severable from the invalid applications. II. Preliminary Proceedings Rule 3. Commencement of action. (a) Commencement. Proceedings may be instituted by filing of an information, petition or complaint, or as otherwise provided by the Constitution of this State, by statute, or by these Rules. (b) Complaint filed in another court. A complaint filed in another court may be forwarded forthwith to this Court; or, if appropriate under the circumstances, a committing magistrate may issue a warrant for the person alleged to have violated any law, order or act within the jurisdiction of this Court. (c) Contents of the complaint. The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a committing magistrate and may be based upon personal knowledge or upon reasonable information and belief.

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