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Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware

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Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware

The Waiver of Arraignment is a Family Court of the State of Delaware form used under Rule 10(d) to waive the reading of charges and enter a Not Guilty or Not Delinquent plea. Fill it out online on FillingPDF and download the PDF.

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The waiver of arraignment is a Family Court of the State of Delaware form, used under Family Court Rule 10(d), on which a defendant or respondent answers the Petition(s)/Information(s) in a case without having the charges read in open court. It records that you understand the accusations and enter a plea of “Not Guilty” or “Not Delinquent,” and it lets you ask for the case to be scheduled for Case Review, Trial or Youth Wellness Court. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by Delaware Courts at courts.delaware.gov.

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What is Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware?

The Waiver of Arraignment is the Family Court of the State of Delaware form under Family Court Rule 10(d) to respond to a Petition or Information, waive reading of the charges in open court and enter a plea of “Not Guilty” or “Not Delinquent.”

The form opens with a caption: “State of Delaware vs.” the Defendant/Respondent, with spaces for the File No(s). and Incident No(s)., and a choice among New Castle, Kent and Sussex County. It then lists seven numbered statements:

  • Item 1: you acknowledge that you have been informed of, and understand, the nature of the accusations.
  • Item 2: your arraignment has not been scheduled, or has been scheduled for a date, time and judge you enter.
  • Item 3: you waive the requirement that the charge(s) be read in open court.
  • Item 4: you enter a plea of “Not Guilty” or “Not Delinquent.”
  • Item 5: your current address and telephone number, and your custodian’s if you are a juvenile respondent.
  • Item 6: your email address(es).
  • Item 7: your request that the case be scheduled for Case Review, Trial or Youth Wellness Court.

Signature blocks follow for the Defendant/Respondent, the Attorney and the Parent/Custodian, with a Date Signed line. The last block, headed “The following is the date and time of your next appearance,” has DATE and TIME entries. The Delaware Courts forms page lists this form among its Family Court forms.

Who needs to file Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware?

The form is for the defendant or respondent named in the caption (“State of Delaware vs.”) who is answering a Petition or Information in a Family Court case and chooses to waive the reading of the charge(s) in open court under Family Court Rule 10(d).

Others who appear on the form:

  • Attorney: the form has an Attorney print and signature block for a lawyer acting in the case.
  • Parent/Custodian: the form has a Parent/Custodian print and signature block. Item 5 asks for the custodian’s address and telephone number when the respondent is a juvenile.

The form does not say which signatures are required in a given case, and it prints no exclusions. Confirm with the court or your attorney who must sign before you submit it. The case it belongs to is identified at the top by its File No(s). and Incident No(s)., and the court is the Family Court in New Castle, Kent or Sussex County, as marked on the form.

When to file Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware

Use the form when you are responding to a Petition or Information under Family Court Rule 10(d) and want to waive the reading of the charge(s) in open court. Item 2 covers both timing situations: your arraignment has not been scheduled, or it has been scheduled, in which case you enter the date, time and the Honorable judge before whom it is set. No separate due date is printed on the form, so use the dates in your court paperwork and ask the court or your attorney about timing. The block at the bottom, headed “The following is the date and time of your next appearance,” has DATE and TIME entries for the next court date.

How to fill out Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware

  1. Mark the county and case numbers

    In the heading, mark New Castle, Kent or Sussex County, then enter the File No(s). and Incident No(s.) for your case.

  2. Enter the Defendant/Respondent name

    In the caption after “State of Delaware vs.,” enter the name of the Defendant/Respondent.

  3. Review items 1, 3 and 4

    Item 1 acknowledges you understand the accusations, item 3 waives the reading of the charge(s) in open court, and item 4 enters a plea of “Not Guilty” or “Not Delinquent.” Read them before you sign.

  4. Complete the arraignment status in item 2

    Choose whether your arraignment has not been scheduled or has been scheduled. If scheduled, enter the date, the time and the Honorable judge named for it.

  5. Enter address and phone in item 5

    List your current address(es) and phone number(s). If the respondent is a juvenile, also give those of the custodian.

  6. Add email addresses in item 6

    Enter your Email Address(es) on the line provided.

  7. Select the setting in item 7

    Indicate whether you request that the case be scheduled for Case Review, Trial or Youth Wellness Court.

  8. Print names and sign

    Print and sign in the Defendant/Respondent block. Complete the Attorney and Parent/Custodian print and signature blocks where they apply to your case.

  9. Enter the date signed

    Fill in the Date Signed line with the date you sign the form.

  10. Check the next appearance block

    The last block, “The following is the date and time of your next appearance,” has DATE and TIME entries. Complete them only with the date and time you were given.

  11. Review and download the completed PDF

    Check the case numbers, item 2, item 7 and every signature, then download or print the completed PDF from FillingPDF and deliver it through the court’s channels.

How to submit Waiver of Arraignment (Rule 10-D)(Fill-in form) – Delaware

The form prints no mailing address, portal, e-filing option or other filing channel. It responds to the Petition(s)/Information(s) in the case named by the File No(s). and Incident No(s). at the top, so it goes to the Family Court handling that case. Confirm with the court or your attorney how and where to deliver the signed form. Delaware Courts lists its Family Court forms at https://courts.delaware.gov/forms/list.aspx. FillingPDF lets you fill out and download the PDF; submission follows the court’s channels.

Common mistakes to avoid

  • Leaving the File No(s). and Incident No(s). blank, so the form is not tied to your case.
  • Marking that the arraignment has been scheduled without entering the date, time and the Honorable judge asked for in item 2.
  • Skipping the custodian’s address and telephone number in item 5 when the respondent is a juvenile.
  • Leaving item 7 blank, so the form does not say whether you ask for Case Review, Trial or Youth Wellness Court.
  • Signing without understanding that items 3 and 4 waive the reading of the charge(s) in open court and enter a plea of “Not Guilty” or “Not Delinquent.”
  • Omitting the Date Signed line or leaving a printed name without the matching signature.
  • Entering a guessed next appearance date and time instead of the ones you were given.
  • Not marking the county (New Castle, Kent or Sussex) in the heading.

Frequently asked questions

What is a waiver of arraignment in Delaware Family Court?

A waiver of arraignment is the Family Court form, used under Rule 10(d), by which a defendant or respondent answers a Petition or Information without the charge(s) being read in open court. The form also enters a plea of “Not Guilty” or “Not Delinquent.”

What does signing the waiver of arraignment do?

By signing you state that you were informed of and understand the accusations (item 1), waive the reading of the charge(s) in open court (item 3) and enter a plea of “Not Guilty” or “Not Delinquent” (item 4). Read all seven items before signing.

Who signs the Family Court waiver of arraignment?

The form has three signature blocks: Defendant/Respondent, Attorney and Parent/Custodian. It does not say which are required in each case. Item 5 asks for the custodian’s contact details when the respondent is a juvenile, so ask the court or your attorney who must sign.

What does item 7 ask for?

Item 7 asks you to request that the case be scheduled for Case Review, Trial or Youth Wellness Court. The form lists these three options; indicate the one you request.

What if my arraignment is already scheduled?

Item 2 covers it. Choose “has been scheduled for” and enter the date, the time and the Honorable judge before whom it is set. If no date has been set, choose “has not been scheduled.”

Can I fill out the waiver of arraignment online?

You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court; you deliver it through the court’s channels, which you can confirm with the court or your attorney.

Which counties does this form cover?

The heading reads “The Family Court of the State of Delaware In and For New Castle Kent Sussex County,” so you mark the county where your case is pending. The form is published among Family Court forms by Delaware Courts.

What contact information does the form ask for?

Item 5 asks for your current address(es) and phone number(s), plus those of your custodian if you are a juvenile respondent. Item 6 asks for your email address(es).

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