The facsimile of documents transmitted pursuant to this Rule shall be treated as the original
Justice of the Peace Court Criminal Rules
Rule: 64
Jurisdiction: DE
Bluebook Citation: Del. J.P. Ct. Crim. R. 64
(3) By written pleading. 1. When permitted; effect. In lieu of arraignment in open court or by audiovisual device, an attorney for a defendant may, at or before the time scheduled for arraignment, direct the entry of a not guilty plea by written pleading to any charge for which the defendant has been held to answer in the Justice of the Peace Court, whether or not the defendant has been released on bail. The date that the pleading is filed shall be considered the date of arraignment. An attorney who files a not guilty plea by written pleading shall be deemed to have entered a general appearance for the defendant and shall thereafter be permitted to withdraw only with leave of the Court for good cause. 2. Form; service. The pleading shall state (1) the name and criminal action number of all charges to which a not guilty plea is entered, (2) the defendant’s current address, (3) if the defendant wishes to have the defendant’s case heard in the Justice of the Peace Court, a waiver by the defendant and the defendant’s attorney of the right to be tried on the charge in the Court of Common Pleas, and (4) the next scheduled court appearance which shall have been obtained from the Court. In addition to service on the Court, the pleading shall be served on the defendant and, if bail has been posted, on the surety. (c) When conducted. (1) All initial appearances and arraignments in the Justice of the Peace Court shall be held on the day and at the time as prescribed by the Chief Magistrate with the exception that a Justice of the Peace may hold an immediate or forthwith initial appearance or arraignment of the defendant when the nature and circumstances of the charge shall indicate the necessity thereof in the interest of the furtherance of justice or when the defendant requests an immediate or forthwith initial appearance or arraignment and the conducting of the proceeding will not interfere with the other proceedings of the Court. (2) All summonses shall indicate the date, time and location for the defendant’s initial appearance/arraignment.
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