Motion to Dismiss (Criminal) - Delaware

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], moves to dismiss the ☐ indictment ☐ information filed in this case under the grounds selected below. This motion relies on Del. Super. Ct. Crim. R. 12 and, if unnecessary delay is selected, Rule 48(b), together with the specific authorities identified for each ground. Supporting exhibits or separate memorandum, if any: [IDENTIFY OR NONE].

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Indictment / ☐ Information with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts giving rise to this motion.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Charging Instrument Fails to Charge an Offense
Count [NUMBER] of the indictment or information does not state essential facts constituting the charged offense. The missing element or fact is [IDENTIFY]. See Del. Super. Ct. Crim. R. 7(c)(1), 12(b)(2). This ground does not depend solely on a harmless error in a statutory citation. Rule 7(c)(2).

☐ B. Unnecessary Delay (Del. Super. Ct. Crim. R. 48(b); Del. Const. art. I, § 7)
The State has not brought Defendant to trial after [DESCRIBE DELAY AND PROCEDURAL HISTORY]. Defendant requests dismissal under Rule 48(b) and, if supported by the facts and authority identified below, the speedy-trial guarantee in Article I, § 7.

☐ C. Statute of Limitations (11 Del. C. § 205)
The prosecution was commenced beyond the applicable statute of limitations period. The charged offense carries a limitations period of [________________________________] and the alleged conduct occurred on or about [__/__/____].

☐ D. Double Jeopardy (Del. Const. art. I, § 8)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Case No. [________________________________] before the [________________________________] Court.

☐ E. Due Process Violation (Del. Const. art. I, § 7)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument (Del. Super. Ct. Crim. R. 12(b)(2); Rule 7)
The Indictment / Information is fatally defective because: [________________________________].

☐ G. Other Defect in the Prosecution
The following specific conduct affects the validity of this prosecution: [FACTS AND RECORD CITES]. The governing authority and requested remedy are [IDENTIFY RULE, STATUTE, CONSTITUTIONAL PROVISION, OR CONTROLLING CASE AND EXPLAIN WHY DISMISSAL FOLLOWS].

IV. LEGAL ARGUMENT

A. Failure to Charge an Offense

Rule 7(c)(1) requires an indictment or information to state the essential facts constituting each charged offense. Rule 12(b)(2) permits a failure-to-charge objection during the case. Identify the required element and the charging instrument's actual omission. Rule 7(c)(2) prevents dismissal solely for a citation error or omission that did not mislead Defendant to Defendant's prejudice.

[________________________________]

B. Speedy Trial

Rule 48(b) permits the Court to dismiss for unnecessary delay in bringing Defendant to trial. Article I, § 7 of the Delaware Constitution guarantees a speedy and public trial. State the dates, the reasons for each significant delay, any defense request for trial, the effect of delay, and the authority supporting the remedy requested in this case.

[________________________________]

C. Statute of Limitations

Section 205 sets different periods by offense and includes exceptions and tolling. For this charge, identify the classification, the date the offense was committed under § 205(f), and the date an indictment was found or information filed under § 205(g). Address any asserted exception or tolling before calculating whether the prosecution is late.

[________________________________]

D. Double Jeopardy

Article I, § 8 of the Delaware Constitution prohibits putting a person twice in jeopardy for the same offense. Identify the prior charge, court, disposition, and facts establishing why this charge is the same offense, with supporting authority for the requested dismissal.

[________________________________]

E. Other Defect in the Prosecution

Identify the conduct, the record supporting it, the rule or other authority it violates, and why dismissal rather than a narrower remedy is warranted. If the issue is discovery, identify the specific discovery rule and the available remedy separately.

[________________________________]

F. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Indictment / Information and all charges contained therein;
2. Order release or modify bail if appropriate; if the Court dismisses for a charging or prosecution defect, address any continued custody or bail period under Rule 12(h);
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Delaware Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Delaware [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S MOTION TO DISMISS on the following parties by the method indicated:

☐ Service on counsel or a party by [METHOD PER RULE 49(b) AND APPLICABLE CIVIL SERVICE RULE]
☐ Electronic service under the Court's procedures if this is a designated eFile case

Office of the Attorney General
Department of Justice
[ADDRESS]
[CITY], Delaware [ZIP CODE]

________________________________________
[ATTORNEY NAME]

DELAWARE-SPECIFIC NOTES

• Del. Super. Ct. Crim. R. 12: Governs pretrial motions; defects in an indictment or information generally must be raised before trial, but a failure to show jurisdiction or to charge an offense is noticed by the Court at any time during the case.
• Del. Super. Ct. Crim. R. 48: Court may dismiss for unnecessary delay in prosecution (Rule 48(b)).
• 11 Del. C. § 205: No limitation for murder, class A felonies, and attempts to commit them; generally 5 years for other felonies, 3 years for class A misdemeanors, and 2 years for class B/C or unclassified misdemeanors and violations, subject to the section’s exceptions and tolling rules.
• Del. Super. Ct. Crim. R. 64: Electronic filing applies to cases or categories designated by the President Judge, and electronic service under the Court's procedures counts as Rule 49 service unless otherwise ordered.
• Del. Super. Ct. Crim. R. 49: Written motions generally must be served on each party; service on a represented party is made on counsel unless the Court orders personal service.
• Scope: This form is for a case pending in Superior Court. Confirm the actual court and charging instrument before filing.

Official references

• Delaware Superior Court Rules of Criminal Procedure, 2026 edition
• 11 Del. C. § 205
• Delaware Constitution, Article I

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Delaware attorney before use.