Rule 71.3.Forfeitures pursuant to 16 Del. C. § 4784

Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended September 1, 2025 · Last verified July 28, 2026

In one sentenceRule 71.3 sets Delaware's forfeiture procedure under 16 Del. C. § 4784: notice of seizure within 60 days, a 45-day window for an owner to petition for return, a State application for forfeiture once that window closes, and a non-jury trial within 90 days unless a jury is demanded.

Full Text of Rule 71.3

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Notification of seizure. Notification of seizure pursuant to 16 Del. C. § 4784(j) shall be made within 60 days of the date of seizure. In addition to the notification of seizure required by 16 Del. C. § 4784(j), should any known party having a possessory interest in the seized property be incarcerated, the State shall send notification of seizure by first class mail sent to the correctional facility in which said party is confined. In all such cases, the notification shall consist of:

(1) A description of the seized property,

(2) The person or persons seized from,

(3) The seizing agency,

(4) The time and place where the seizure took place, and,

(5) A statement that persons claiming an interest in said property may seek to have it returned pursuant to Superior Court Civil Rule 71.3(c) by filing a petition with the Superior Court in the County in which the property was seized no later than 45 days after the date of the notice, to establish: (1) that they have a lawful possessory interest in the seized property; and (2) the property was unlawfully seized or not subject to forfeiture under 16 Del. C. § 4784.

(b) Application for forfeiture. At any time after the expiration of 45 days from the date of the last notice required by 16 Del. C. § 4784(j) and paragraph (a) of this Rule, the State may obtain an order from the Superior Court forfeiting property seized pursuant to 16 Del. C. § 4784 by filing, costs prepaid, an application in rem with the Superior Court sitting in the County in which the property was seized. Such application, which shall be under oath, shall set forth the following:

(1) A description of the property to be forfeited;

(2) The date of the seizure of such property;

(3) a statement of the unlawful act or omission to which the property is alleged to be connected;

(4) if the item is not currency, the approximate value of the item;

(5) Proof of the mailing and publication of the notice required by 16 Del. C. § 4784(j) and an affidavit of mailing the notification required by paragraph (a) of this Rule; and

(6) A statement that no petition for the return of such property has been filed. Applications for forfeiture may be consolidated under one application provided that each separate article can be identified.

(c) Petition for the return of property. An owner or interest holder may seek the return of property seized by the State pursuant to 16 Del. C. § 4784 by filing, costs prepaid, a civil petition, with the Superior Court sitting in the County in which the property was seized no later than 45 days after the date of the notice required by 16 Del. C. § 4784(j) measured from the date of mailing or the date of publication whichever shall be later. Such petition which must be signed by the owner or interest holder, under oath, and which must be served on the Attorney General, shall set forth the following:

(1) The name and address of the claimant;

(2) A description of the property sought to be returned;

(3) The nature and extent of the claimant’s possessory interest in the property;

(4) The date, identity of the transferor, and circumstances of the claimant’s acquisition of the interest in the property;

(5) The specific provisions of 16 Del. C. § 4784 relied on in asserting that it is not subject to forfeiture; and

(6) All essential facts supporting each assertion. If the petition is not timely filed, the State may proceed as provided in paragraph (b) above.

(d) Trial.

(1) Except where a jury trial is demanded pursuant to Rule 38(b), unless otherwise ordered, no later than 90 days following the filing of the petition, the Court shall hold a non-jury trial at which the claimant shall have the burden of proving, by a preponderance of the evidence, a lawful possessory interest in the seized property and that the property was unlawfully seized or is not subject to forfeiture under 16 Del. C. § 4784.

(2) If the Court determines that the property is subject to forfeiture, it shall also determine whether any lawful lienholder who has filed a timely petition had knowledge, or reasonably should have had knowledge, of such intended unlawful use. If the Court shall find such knowledge, then the lienholder’s rights, title and interest to the property shall likewise be deemed forfeited. If the Court does not find such knowledge and the property is otherwise subject to forfeiture, it shall be forfeited and the person into whose custody the property is given shall either pay the outstanding indebtedness secured by such lawful lien and keep the property or deliver the property to the said lienholder.

(3) If a trial by jury is demanded, the Case Scheduling Office shall set a trial date as may be available. At such a trial, the jury shall make those determinations required by the Court under subparagraphs

(1) and (2) above, based upon a preponderance of the evidence.

(e) Ex parte orders. The Court may issue at the request of the State ex parte any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought. Process for seizure of said property shall issue only upon a showing of probable cause, and the application therefore and the issuance, execution, and return thereof shall be subject to the provisions of 16 Del. C. § 4784.

(f) Effect of conviction, acquittal or dismissal.

(1) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding brought pursuant to this Rule, regardless of the pendency of an appeal from that conviction.

(2) An acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under this Rule.

End

Amendment History

Added, effective May 1, 1991; amended, effective Sept. 1, 2025.

Plain-English Summary

Rule 71.3(a) starts the clock on notice: within 60 days of a seizure under 16 Del. C. § 4784(j), notification has to go out describing the property, the person seized from, the seizing agency, and the time and place of seizure, along with a statement that anyone claiming an interest can petition for its return within 45 days of the notice. If a known party with a possessory interest is incarcerated, the State also has to mail notice to that person's correctional facility.

Rule 71.3(c) is that return path: an owner or interest holder can file a sworn, costs-prepaid civil petition with the Superior Court in the county where the property was seized, no later than 45 days after the notice (measured from whichever of mailing or publication comes later), naming the claimant, describing the property and the claimant's interest in it, and setting out the specific statutory provisions and facts supporting the claim that the property isn't subject to forfeiture. The petition has to be served on the Attorney General.

Rule 71.3(b) gives the State its own path once that 45-day window passes without a petition: an in rem application for forfeiture, under oath, filed with the Superior Court in the county of seizure, describing the property, the date of seizure, the unlawful act it's connected to, its approximate value if it isn't currency, proof of the required notices, and a statement that no return petition has been filed.

Rule 71.3(d) sets the trial track: absent a jury demand under Rule 38(b), the Court holds a non-jury trial no later than 90 days after the petition is filed, where the claimant carries the burden of proving, by a preponderance of the evidence, a lawful possessory interest and that the property was unlawfully seized or is not subject to forfeiture. If the property is forfeited, the Court also decides whether a lienholder who filed a timely petition knew, or should have known, of the intended unlawful use; if so, that lienholder's interest is forfeited too. Rule 71.3(e) lets the Court issue ex parte seizure orders on a showing of probable cause, and Rule 71.3(f) bars a convicted defendant from later denying the criminal allegations in a forfeiture proceeding, while an acquittal or dismissal doesn't block the State's civil case.

Frequently Asked Questions

How long does the State have to notify me after seizing my property under 16 Del. C. § 4784?

Rule 71.3(a) requires notification of seizure within 60 days of the date of seizure.

How do I get my property back after a seizure under Rule 71.3?

File a sworn, costs-prepaid civil petition with the Superior Court in the county where the property was seized, no later than 45 days after the date of the notice, and serve it on the Attorney General. Rule 71.3(c) lists what the petition must contain, including a description of the property and the claimant's possessory interest in it.

What happens if I don't file a petition for return within the 45-day window?

Rule 71.3(b) allows the State to file its own in rem application for forfeiture with the Superior Court once that 45-day window has passed without a petition being filed.

Do I get a jury trial in a Rule 71.3 forfeiture case?

Only if one is demanded under Rule 38(b). Otherwise, Rule 71.3(d) requires a non-jury trial no later than 90 days after the petition is filed, with the claimant bearing the burden of proof by a preponderance of the evidence.

If I'm acquitted of the related criminal charge, can I still get my property back in the forfeiture case?

Rule 71.3(f) states that an acquittal or dismissal in a criminal proceeding doesn't preclude civil proceedings under this Rule, though a conviction does preclude the defendant from later denying the essential allegations of the offense in the forfeiture case.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source

Also known as: civil forfeiture delaware 16 del c 4784petition for return of seized property delawareforfeiture notice 45 days delawarerule 71.3 delaware superior courtseized property court delaware