Del. Super. Ct. R. Crim. P. 34 (2026)

Rule 34. Arrest of judgment. The court on motion of a defendant shall arrest judgment if the indictment or information does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of

judgment shall be made within 7 days after verdict or finding of guilty, or after plea of guilty or nolo contendere, or within such further time as the court may fix during the 7-day period. History. Adopted, effective Feb. 12, 1953; amended, effective June 1, 1969; revised, effective Jan. 1, 1992.

Rule 35. Correction or reduction of sentence [For application of this rule regarding modification of a habitual offender sentence, see Special Rule of Procedure 2017-1, contained in an appendix to these rules]. (a) Correction of sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. (b) Reduction of sentence. The court may reduce a sentence of imprisonment on a motion made within 90 days after the sentence is imposed. This period shall not be interrupted or extended by an appeal, except that a motion may be made within 90 days of the imposition of sentence after remand for a new trial or for resentencing. The court may decide the motion or defer decision while an appeal is pending. The court will consider an application made more than 90 days after the imposition of sentence only in extraordinary circumstances or pursuant to 11 Del. C. § 4217. The court will not consider repetitive requests for reduction of sentence. The court may suspend the costs or fine, or reduce the fine or term or conditions of partial confinement or probation, at any time. A motion for reduction of sentence will be considered without presentation, hearing or argument unless otherwise ordered by the court. (c) Correction of sentence by sentencing court. The court, acting within 14 days after the imposition of sentence, may correct a sentence that was imposed as a result of arithmetical, technical, or other clear error. (d) Multiple judgments of sentence. If judgments of sentence were entered on more than one offense in the same sentencing order and the court corrects, modifies, or reduces one or more of those judgments under the provisions of this rule, the court may consider modification of other judgments provided that the aggregate sentence of all such judgments after modification is no greater than the aggregate sentence of all such judgments entered under the original sentencing order. (e) Remedy unavailable for sentences previously modified by act of executive clemency. The remedy afforded by this rule may not be sought to further reduce or modify any sentence that was previously altered, reduced, or modified by pardon, commutation of sentence, reprieve, remission, or any other act of executive clemency. History. Adopted, effective Feb. 12, 1953; amended, effective June 23, 1960; June 1, 1969; Jan. 16, 1975; Sept. 12, 1977; Jan. 1, 1988; revised, effective Jan. 1, 1992; Oct. 21, 1994; amended June 29, 2020, effective July 1, 2020; Aug. 1, 2022.