Del. Super. Ct. R. Crim. P. 3 (2026)

Rule 3. Commencement and complaint. (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.