The waiver of preliminary hearing is the Family Court of the State of Delaware form on which a respondent, acting through an attorney, and the State of Delaware, acting through a Deputy Attorney General, stipulate that the respondent gives up the right to a preliminary hearing on the charged offenses. The form carries the county (New Castle, Kent or Sussex), the case number, any conditions, the signatures and a closing order for a Judge or Commissioner. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by Delaware Courts at courts.delaware.gov.
Last updated
What is 302?
The Waiver of Preliminary Hearing is a Delaware Family Court form in which the respondent, through an attorney, and the State of Delaware, through a Deputy Attorney General, stipulate that the respondent waives the right to a preliminary hearing on the captioned offenses.
The form is a one-page stipulation issued under the heading of The Family Court of the State of Delaware, "In and For" New Castle, Kent or Sussex County. Its caption reads State of Delaware versus the respondent and has a space for the case number.
The body has two numbered items. Item 1 states that the respondent waives the right to a preliminary hearing on the above captioned offenses. Item 2 is a box for conditions, if any.
Three signature lines follow, each with a date: the respondent, the Deputy Attorney General and the attorney for the respondent. The last section is the court's: the form states that, upon the respondent's waiver, the charges are bound over to Superior Court for action by the grand jury. A Judge or Commissioner then signs below the words "So ordered this ___ day of ___."
Delaware Courts lists the form among the Family Court forms on its forms page at courts.delaware.gov/forms.
Who needs to file 302?
The form is written for a respondent in a Family Court case who is represented by an attorney and who chooses to waive the preliminary hearing on the offenses named in the caption. The text says the respondent acts "by and through his/her attorney," so the respondent's attorney signs along with the respondent.
The State of Delaware takes part through the Deputy Attorney General, who signs and dates the stipulation.
A Judge or Commissioner completes the final order section; the form does not ask the respondent or the attorneys to fill it in.
The form does not describe any other group that may use it, and it does not say who may sign in place of the respondent.
When to file 302
Use the form when the respondent decides to waive the preliminary hearing on the offenses in the caption and the State agrees to the stipulation. No due date is printed on it. Once the Judge or Commissioner signs the order, the form states that the charges are bound over to Superior Court for action by the grand jury. Check with the court or the Deputy Attorney General for any scheduling that applies to your case.
How to fill out 302
Mark the county
In the heading "In and For New Castle Kent Sussex County," identify the county where the case is pending.
Enter the case number
Write the case number in the CASE NO. box at the top right of the caption.
Complete the caption
Enter the case names in the caption: State of Delaware on one side, versus the respondent on the other.
Review the waiver in item 1
Item 1 states that the respondent waives the right to a preliminary hearing on the above captioned offenses. It is printed text, so check that it matches the offenses in your case.
Add conditions in item 2
If the parties have agreed to conditions, write them in the box under item 2, Conditions (if any). Leave the box empty if there are none.
Add signatures and dates
The respondent, the Deputy Attorney General and the attorney for the respondent each sign and date their line.
Leave the court order blank
The "So ordered" section, with the day, month, year and the Judge/Commissioner signature, is completed by the court.
Review and download the PDF
Check the caption, the conditions and the signature blocks, then download or print the completed PDF from FillingPDF.
Common mistakes to avoid
- Leaving the county unmarked in the heading "In and For New Castle Kent Sussex County" instead of identifying the county of the case.
- Omitting the case number or the State of Delaware versus respondent caption, so the waiver cannot be tied to the offenses it covers.
- Skipping item 2 when the parties have agreed to conditions; the form has a box for conditions, if any.
- Submitting the stipulation without all three signatures: the respondent, the Deputy Attorney General and the attorney for the respondent.
- Signing without entering the date beside each signature line.
- Filling in the "So ordered" section; that section is for the Judge or Commissioner.
Frequently asked questions
What is a waiver of preliminary hearing in Delaware Family Court?
It is a one-page stipulation in which the respondent, through an attorney, and the State, through a Deputy Attorney General, agree that the respondent waives the right to a preliminary hearing on the captioned offenses.
What happens after the waiver of preliminary hearing is signed?
The form states that, upon the respondent's waiver, the charges are bound over to Superior Court for action by the grand jury. The Judge or Commissioner signs the "So ordered" section to complete the order.
Who signs the Waiver of Preliminary Hearing?
The respondent, the Deputy Attorney General and the attorney for the respondent each sign and date the stipulation. A Judge or Commissioner signs the order at the bottom of the form.
Can I add conditions to the waiver of preliminary hearing?
Yes. Item 2 of the form, Conditions (if any), has a box where the parties can write conditions to the waiver. If there are none, leave it empty.
Do I need an attorney to use this form?
The text is written for a respondent acting by and through his or her attorney, and it has a signature line for the attorney for the respondent. The form does not describe a version without an attorney.
Can I fill out the waiver of preliminary hearing online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of Delaware Courts and does not file the form; it does not submit it to the court or the Attorney General's office.
Ready to fill out 302?
Fill out 302 now