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DelawareJury Nullification

In Delaware the judge states the law and the jury is the sole judge of the facts. The standard instruction tells jurors to apply the law as the judge gives it. The state constitution keeps trial by jury in seven words. A court rule requires every verdict to be unanimous.

Yes
State constitution gives the jury a role in judging the law
Yes
Jurors are told they must follow the law
Yes
Criminal verdicts must be unanimous

Overview

Juries in Delaware

Delaware's standard instruction puts it in one line. The judge states the law, and the jury applies it to the facts as the jury finds them. A Superior Court rule requires the verdict to be unanimous.

The same rule says what happens after a verdict is read. Any party can ask for each juror to be polled. What follows when the poll is not unanimous is in the Delaware chapter of the guide.

The Delaware constitution keeps the right in seven words: trial by jury shall be as heretofore. What that sentence points back to is in the chapter.

The Delaware chapter

What's in the Guide for Delaware?

In the guide

Jury selection

How a Delaware court decides during questioning whether a possible juror can be fair, and what happens when a person says they will not decide the case on the judge's instructions.

In the guide

What the judge tells you

What the Delaware instruction on the duties of judge and jury says, when in the trial jurors hear it, and what they take into the jury room with them.

In the guide

How the verdict works

How a Delaware jury is polled, what the court can do when the poll is not unanimous, and what the verdict rule says about verdicts on some charges but not others.

In the guide

Protections and risks

What protects a Delaware juror after the verdict, who counts as a juror under the state's tampering law, and what that law says about paying for information about a juror's service.

In the guide

The law in plain English

The Delaware laws behind the chapter in everyday words. They include the law on tampering with a juror, the Superior Court rule on verdicts and polling, and the jury section of the state constitution.

In the guide

Official state resources

Links to Delaware's official sources, each one checked. They cover the state code and constitution, the Superior Court's criminal rules and pattern jury instructions, and the Delaware Courts' Jury Service page.

Your summons

Called for Jury Duty in Delaware?

A Delaware jury summons asks you to come to court and help decide the facts of a case. If you are picked, the judge will state the law and you and the other jurors will apply it to what you find happened.

The Delaware Courts have a Jury Service page for people who have been called. It covers reporting, who can serve, and how to ask to be excused.

That page covers serving. How the court decides who can be fair, what the judge's instruction asks of you, and what a poll of the jury is are covered in the Delaware chapter of the guide.

Your Delaware summons

  • Sent byThe Superior Court of your county, or the federal court
  • Names come fromRegistered voters and holders of a Delaware driver's license or state ID card
  • It asks you toCome to court and help decide the facts of a case
  • Jury size12 (Superior Court); fewer by stipulation with the court's approval

Get the guide

Get the Delaware guide

In Delaware a verdict can be tested after it is read, one juror at a time. This page tells you the poll exists. What the court can do with the answer, what the judge will have told you by then, and what state law protects once you go home are in the Delaware chapter. Get the guide and read it before you report.

Delaware

The Delaware guide

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  • The full Delaware chapter, all six parts
  • Jury selection, the judge's instructions, the verdict and juror protections
  • Delaware's laws in plain English, with links to the official sources
  • Free updates when the law changes
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See what's inside the guide

Every Delaware source was checked against its official site on October 19, 2026.