Time

(a) Computation. In computing any period of time prescribed or allowed by these Rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or Sunday, or other legal holiday, or other day on which the office of the Clerk of the Court is closed, in which event the period shall run until the end of the next day on which the office of the Clerk of the Court is open. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and other legal holidays shall be excluded in the computation. As used in this Rule, “legal holidays” shall be those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware. (b) Enlargement. When an act is required or allowed to be done at or within a specified time, the Court for cause shown may at any time in its discretion: (1) with or without motion or notice, order the period enlarged if request thereof is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect; but the Court may not extend the time for taking any action under Rules 29, 33, 34, and 35 except to the extent and under the conditions stated therein. (c) For motions; affidavits. A written motion, other than one which may be heard ex parte, and notice of request for hearing thereof shall be served in a timely manner. For cause shown, such an order thereon may be made on an ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not less than 1 day before the hearing unless the Court permits them to be served at a later time. (d) Additional time after service by mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper and the notice or other paper is served by mail, 3 days shall be added to the prescribed period, unless the time period was prescribed by statute. History. Amended, effective Sept. 1, 1987. Rule 46. Bail. (a) Right to bail; modification for delay. A person charged shall be admitted to bail either before conviction or after conviction and pending appeal in accordance with the Constitution, and the laws of this State, and the Special Rule of Criminal Procedure for Pretrial Release. If there is unnecessary delay in bringing a person charged to trial, the Court may modify the terms for release on bail. (b) Bail for witness. If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure that person’s presence by subpoena, the Court or the committing magistrate may require bail for that person’s appearance as a witness, in an amount fixed by the Court or the committing magistrate. If the person fails to give bail, the Court or committing magistrate may commit that person to custody pending final disposition of the proceeding in which the testimony is needed, may order release if detention has been unreasonably long and may modify at any time the requirement as to bail. (c) Terms. If the person charged is admitted to bail, the terms thereof shall be such as in the judgment of the Court will insure the presence of the person charged, having regard to the nature and circumstances of the offense charged, the weight of the evidence, the financial ability of the person charged to give bail, the character of the person charged and the policy against unnecessary detention of persons charged pending trial. (d) Form: Conditions and place of deposit. A person required or permitted to give bail shall execute an appearance bond. The Court having regard to the considerations set forth in subdivision (c) may require 1 or more sureties, may authorize the acceptance of cash or bonds or notes of the United States or State of Delaware in an amount equal to or less than the face amount of the bond, or may authorize the release of the person charged without security upon that person’s written agreement to appear at a specified time and place and upon such conditions as may be prescribed to insured appearance. (e) Justification of sureties. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit the property by which surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by that surety and remaining undischarged and all other liabilities. No bond shall be approved unless the surety thereon appears to be qualified. See Supreme Court Rule 83 and Superior Court Civil Rule 108(b) for the prohibition against attorneys and other court officers acting as bondsmen. (f) Forfeiture. (1) Declaration. If there is a breach of condition of a bond, the Court shall declare a forfeiture of the bail. (2) Setting aside. The Court may direct that a forfeiture be set aside, upon such conditions as the Court may impose, if it appears that justice does not require the enforcement of the forfeiture. (3) Enforcement. When a forfeiture has not been set aside, the Court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the Court and irrevocably appoint the Clerk of the Court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Court prescribes may be served on the Clerk of the Court, who shall forthwith mail copies to the obligors to their last known addresses. (4) Remission. After entry of such judgment, the Court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision. (g) Exoneration. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the Court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the person charged into custody. History. Amended Oct. 4, 2022, effective Jan. 1, 2023.