Rule 3. Commencement and complaint

DelawareCourt rules

Ask Donna

How this section applies to your facts.

Delaware Court Rules › Superior Court › Rules of Criminal Procedure, Superior Court of Delaware › Del. Super. Ct. Crim. R. 3

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) Commencement. Proceedings may be instituted by indictment, by complaint or, when lawful, by

information or by arrest or summons without a warrant or complaint.

(b) 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 or any other person authorized by law to issue

a warrant. The complaint may be based upon personal knowledge or upon reasonable information and

belief.

History.

Adopted, effective Feb. 12, 1953; revised, effective Jan. 1, 1992.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.