The motion shall set forth the standing of the movant to make the application and shall state the
Court of Common Pleas Criminal Rules
Rule: 12
Jurisdiction: DE
Bluebook Citation: Del. C.C.P. Crim. R. 12
grounds upon which it is made with sufficient specificity to give the State reasonable notice of the issues and to enable the Court to determine what proceedings are appropriate to address them. The Court shall receive evidence on any issue of fact necessary to the decision of the motion, but the Court shall not receive evidence on motions challenging the manner of execution of a search warrant or the veracity of a sworn statement used to procure a search warrant unless the motions are supported by affidavits, or their absence is satisfactorily explained in the motion, and the allegedly false statement is necessary to the finding of probable cause. (g) Return and filing of papers. The committing magistrate or judge before whom the warrant is returned shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith. The committing magistrate shall file them with the clerk of the committing magistrate’s court and the judge shall file them with the clerk. (h) Scope and definition. [Omitted]. (i) Records. The clerk shall keep a record of all applications for warrants sought in the Court of Common Pleas and shall have custody of all original papers therewith.
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