Deleware Uniform Rules of Evidence

 Article I. General Provisions 
 101. Scope. 
 102. Purpose and construction. 
 103. Rulings on evidence. 
 104. Preliminary questions. 
 105. Limited admissibility. 
 106. Remainder of or related writings or recorded statements. 
 
 Article II. Judicial Notice 
 201. Judicial notice of adjudicative facts. 
 202. Judicial notice of law. 
 
 Article III. Presumptions in Civil Actions and Proceedings 
 301. Presumptions in general in civil actions and proceedings. 
 302. Applicability of state law in civil actions and proceedings [Omitted]. 
 303. Effect of presumptions in criminal cases. 
 304. Res ipsa loquitur. 
 
 Article IV. Relevancy and Its Limits 
 401. Definition of "relevant evidence." 
 402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 
 403. Exclusion of relevant evidence on grounds of prejudice, confusion or waste of time. 
 404. Character evidence not admissible to prove conduct; exceptions; other crimes. 
 405. Methods of proving character. 
 406. Habit; routine practice. 
 407. Subsequent remedial measures. 
 408. Compromise and offers to compromise. 
 409. Payment of medical and similar expenses. 
 410. Inadmissibility of pleas, offers of pleas and related statements. 
 411. Liability insurance. 
 412. Rape cases; relevance of victim's past behavior [Omitted]. 
 413 through 415. [Omitted.] 
 
 Article V. Privileges 
 501. Privileges recognized only as provided. 
 502. Lawyer-client privilege. 
 503. Mental health provider, physician, and psychotherapist-patient privilege. 
 504. Husband-wife privilege. 
 505. Religious privilege. 
 506. Political vote. 
 507. Trade secrets. 
 508. Secrets of State and other official information; governmental privileges. 
 509. Identity of informer. 
 510. Waiver of privilege by voluntary disclosure. 
 511. Privileged matter disclosed under compulsion or without opportunity to claim 
privilege. 
 512. Comment upon or inference from claim of privilege; instruction. 
 513. Reporter's privilege. 
 
 Article VI. Witnesses 
 601. General rule of competency. 
 602. Lack of personal knowledge. 
 603. Oath or affirmation. 
 604. Interpreters. 
 605. Competency of judge as witness. 
 606. Competency of juror as witness. 
 607. Who may impeach. 
 608. Evidence of character and conduct of witness. 
 609. Impeachment by evidence of conviction of crime. 
 610. Religious beliefs or opinions. 
 611. Mode and order of interrogation and presentation. 
 612. Writing or object used to refresh memory. 
 613. Prior statements of witnesses. 
 614. Calling and interrogation of witnesses by court. 
 615. Exclusion of witnesses. 
 616. Bias of witness. 
 
 Article VII. Opinions and Expert Testimony 
 701. Opinion testimony by lay witnesses. 
 702. Testimony by experts. 
 703. Bases of opinion testimony by experts. 
 704. Opinion on ultimate issue. 
 705. Disclosure of facts or data underlying expert opinion. 
 706. Court-appointed experts. 
 
 Article VIII. Hearsay 
 801. Definitions. 
 802. Hearsay rule. 
 803. Hearsay exceptions; availability of declarant immaterial. 
 804. Hearsay exceptions; declarant unavailable. 
 805. Hearsay within hearsay. 
 806. Attacking and supporting credibility of declarant. 
 807. Residual Exception. 
 
 Article IX. Authentication and Identification 
 901. Requirement of authentication or identification. 
 902. Self-authentication. 
 903. Subscribing witness' testimony unnecessary. 
 
 Article X. Contents of Writings, Recordings, and Photographs 
 1001. Definitions. 
 1002. Requirement of original. 
 1003. Admissibility of duplicates. 
 1004. Admissibility of other evidence of contents. 
 1005. Public records. 
 1006. Summaries. 
 1007. Testimony or written admission of party. 
 1008. Functions of court and jury. 
 
 Article XI. Miscellaneous Rules 
 1101. Applicability of rules and definitions. 
 1102. Title. 
 1103. Effective date. 
 
 Appendix 
  
 
Table of changes from federal rules of evidence. 
Article I. General Provisions 
Rule 101. Scope. 
These Rules govern proceedings in the courts of this State, to the extent and with the 
exceptions stated in Rule 1101.  
   
Rule 102. Purpose and construction. 
These Rules shall be construed to secure fairness in administration, elimination of 
unjustifiable expense and delay and promotion of growth and development of the law of 
evidence to the end that the truth may be ascertained and proceedings justly determined.  
   
Rule 103. Rulings on evidence. 
(a)  Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or 
excludes evidence unless a substantial right of the party is affected, and  
   
(1)  Objection. In case the ruling is one admitting evidence, a timely objection or motion 
to strike appears of record, stating the specific ground of objection, if the specific ground 
was not apparent from the context; or  
   
(2)  Offer of proof. In case the ruling is one excluding evidence, the substance of the 
evidence was made known to the court by offer or was apparent from the context within 
which questions were asked.  
   
Once the court makes a definitive ruling on the record admitting or excluding evidence, 
either at or before trial, a party need not renew an objection or offer of proof to preserve a 
claim of error for appeal.  
   
(b)  Record of offer and ruling. The Court may add any other or further statement which 
shows the character of the evidence, the form in which it was offered, the objection made 
and the ruling thereon. It may direct the making of an offer in question and answer form.  
   
(c)  Hearing of jury. In jury cases, proceedings shall be conducted, to the extent 
practicable, so as to prevent inadmissible evidence from being suggested to the jury by 
any means, such as making statements or offers of proof or asking questions in the 
hearing of the jury.  
   
(d)  Plain error. Nothing in this rule precludes taking notice of plain errors affecting 
substantial rights although they were not brought to the attention of the court.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 104. Preliminary questions. 
(a)  Questions of admissibility generally. Preliminary questions concerning the 
qualification of a person to be a witness, the existence of a privilege, or the admissibility 
of evidence shall be determined by the court, subject to the provisions of paragraph (b) of 
this rule. In making its determination it is not bound by the rules of evidence except those 
with respect to privileges.  
   
(b)  Relevancy conditioned on fact. Whenever the relevancy of evidence depends upon 
the fulfillment of a condition of fact, the court shall admit it upon, or in the court's 
discretion subject to, the introduction of evidence sufficient to support a finding of the 
fulfillment of the condition.  
   
(c)  Hearing of jury. Hearings on the admissibility of confessions shall in all cases be 
conducted out of the hearing of the jury. Hearings on other preliminary matters shall be 
so conducted when the interests of justice require or, when an accused is a witness, if he 
so requests.  
   
(d)  Testimony by accused. The accused does not, by testifying upon a preliminary 
matter, subject himself to cross-examination as to other issues in the case.  
   
(e)  Weight and credibility. This rule does not limit the right of a party to introduce before 
the jury evidence relevant to weight or credibility.  
   
Rule 105. Limited admissibility. 
When evidence which is admissible as to 1 party or for 1 purpose but not admissible as to 
another party or for another purpose is admitted, the court, upon request, shall restrict the 
evidence to its proper scope and instruct the jury accordingly.  
   
Rule 106. Remainder of or related writings or recorded statements. 
When a writing or recorded statement or part thereof is introduced by a party, an adverse 
party may require him at that time to introduce any other part or any other writing or 
recorded statement which ought in fairness to be considered contemporaneously with it.  
   
Article II. Judicial Notice 
Rule 201. Judicial notice of adjudicative facts. 
(a)  Scope of rule. This rule governs only judicial notice of adjudicative facts.  
   
(b)  Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute 
in that it is either (1) generally known within the territorial jurisdiction of the trial court 
or (2) capable of accurate and ready determination by resort to sources whose accuracy 
cannot reasonably be questioned.  
   
(c)  When discretionary. A court may take judicial notice, whether requested or not.  
   
(d)  When mandatory. A court shall take judicial notice if requested by a party and 
supplied with the necessary information.  
   
(e)  Opportunity to be heard. A party is entitled upon timely request to an opportunity to 
be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. 
In the absence of prior notification, the request may be made after judicial notice has 
been taken.  
   
(f)  Time of taking notice. Judicial notice may be taken at any stage of the proceeding.  
   
(g)  Instructing jury. Upon request, the court shall instruct the jury to accept as conclusive 
any fact judicially noticed.  
   
Rule 202. Judicial notice of law. 
(a)  Judicial notice of laws. (1) Every court in this State shall take judicial notice of the 
Constitution of the United States, and case law relating thereto, and the Constitution, 
common law, case law and statutes of this State. (2) Judicial notice may also be taken of 
the common law, case law and statutes of the United States, and every state, territory and 
jurisdiction of the United States. (3) In the case of a request for judicial notice, reasonable 
notice of the request shall be given to the adverse parties.  
   
(b)  Information of the court. The court may inform itself of such laws in such manner as 
it may deem proper, and the court may call upon counsel to aid it in obtaining such 
information.  
   
(c)  Ruling reviewable. The determination of such laws shall be made by the court and 
not by the jury, and shall be reviewable.  
   
(d)  Private acts, regulations, ordinances, court records. (1) Judicial notice may be taken, 
without request by a party, of (A) the private acts and resolutions of the Congress of the 
United States and of the General Assembly of this State, and of every other state, territory 
and jurisdiction of the United States, and duly enacted ordinances and duly published 
regulations and determinations of governmental subdivisions or agencies of the United 
States, of this State and of every other state, territory and jurisdiction of the United 
States; (B) records of the court in which the action is pending and of any other court of 
this State or federal court sitting in or for this State. (2) Judicial notice shall be taken of 
each matter specified in this rule if a party requests it, and (A) furnishes the judge 
sufficient information to enable him properly to comply with the request, and (B) has 
given each adverse party notice thereof in the pleadings or at least 20 days before the 
trial. The judge, however, may permit such notice to be given at any time in the interest 
of justice.  
   
(e)  Notice, information, ruling on laws of foreign country. A party who intends to raise 
an issue concerning the law of a foreign country shall give notice in his pleadings or other 
reasonable written notice. The court, in determining foreign law, may consider any 
relevant material or source, including testimony, whether or not submitted by a party or 
admissible under these rules. The court's determination shall be treated as a ruling on a 
question of law.  
   
Article III. Presumptions in Civil Actions and Proceedings 
Rule 301. Presumptions in general in civil actions and proceedings. 
(a)  Effect. In all civil actions and proceedings not otherwise provided for by statute or by 
these Rules, a presumption imposes on the party against whom it is directed the burden of 
proving that the nonexistence of the presumed fact is more probable than its existence.  
   
(b)  Inconsistent presumptions. If presumptions are inconsistent, the presumption applies 
that is founded upon weightier considerations of policy. If considerations of policy are of 
equal weight neither presumption applies.  
   
Rule 302. Applicability of state law in civil actions and proceedings. 
Omitted.  
   
Rule 303. Effect of presumptions in criminal cases. 
Presumptions in criminal cases shall be as set forth in 11 Del.C. § 306.  
   
Rule 304. Res ipsa loquitur. 
(a)  Definitions.   
   
(1)  The doctrine of res ipsa loquitur is a rule of circumstantial evidence, not affecting the 
burden of proof, which permits, but does not require, the trier of the facts to draw an 
inference of negligence from the happening of an accident under circumstances set forth 
in paragraph (b) of this rule.  
   
(2)  As used in this rule, "plaintiff" includes any party who invokes the doctrine, and 
"defendant" includes any party against whom the doctrine operates.  
   
(b)  Applicability. Before the doctrine will be applied the following must appear:  
   
(1)  The accident must be such as, in the ordinary course of events, does not happen if 
those who have management and control use proper care; and  
   
(2)  The facts are such as to warrant an inference of negligence of such force as to call for 
an explanation or rebuttal from the defendant; and  
   
(3)  The thing or instrumentality which caused the injury must have been under the 
management or control (not necessarily exclusive) of the defendant or his servants at the 
time the negligence likely occurred; and  
   
(4)  Where the injured person participated in the events leading up to the accident, the 
evidence must exclude his own conduct as a responsible cause.  
   
(c)  When applicability determined; effect.   
   
(1)  Whether or not the doctrine is applicable should be determined at the close of the 
plaintiff's case.  
   
(2)  When the doctrine is applicable, the defendant shall not be entitled to a directed 
verdict unless evidence has been produced which will destroy the inference of negligence 
on his part, or so completely contradict it that the jury could not reasonably accept it. The 
defendant shall not be entitled to a directed verdict merely because he has introduced 
evidence in explanation and such evidence has not been rebutted.  
   
Article IV. Relevancy and Its Limits 
Rule 401. Definition of "relevant evidence." 
"Relevant evidence" means evidence having any tendency to make the existence of any 
fact that is of consequence to the determination of the action more probable or less 
probable than it would be without the evidence.  
   
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 
All relevant evidence is admissible, except as otherwise provided by statute or by these 
rules or by other rules applicable in the courts of this State. Evidence which is not 
relevant is not admissible.  
   
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or waste of 
time. 
Although relevant, evidence may be excluded if its probative value is substantially 
outweighed by the danger of unfair prejudice, confusion of the issues or misleading the 
jury, or by considerations of undue delay, waste of time or needless presentation of 
cumulative evidence.  
   
Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes. 
(a)  Character evidence generally. Evidence of a person's character or a trait of his 
character is not admissible for the purpose of proving action in conformity therewith on a 
particular occasion, except:  
   
(1)  Character of accused. Evidence of a pertinent trait of character offered by an accused, 
or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged 
victim of the crime is offered by an accused and admitted under Rule 404(a)(2), evidence 
of the same trait of character of the accused offered by the prosecution.  
   
(2)  Character of alleged victim. Except as otherwise provided by statute, evidence of a 
pertinent trait of character of the alleged victim of the crime offered by an accused, or by 
the prosecution to rebut the same, or evidence of a character trait of peacefulness of the 
alleged victim offered by the prosecution in a homicide case to rebut evidence that the 
alleged victim was the first aggressor;  
   
(3)  Character of witness. Evidence of the character of a witness, as provided in Rules 
607, 608, and 609.  
   
(b)  Other crimes, wrongs or acts. Evidence of other crimes, wrongs or acts is not 
admissible to prove the character of a person in order to show action in conformity 
therewith. It may, however, be admissible for other purposes, such as proof of motive, 
opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or 
accident.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 405. Methods of proving character. 
(a)  Reputation or opinion. In all cases in which evidence of character or a trait of 
character of a person is admissible, proof may be made by testimony as to reputation or 
by testimony in the form of an opinion. On cross-examination, inquiry is allowable into 
relevant specific instances of conduct.  
   
(b)  Specific instances of conduct. In cases in which character or a trait of character of a 
person is an essential element of a charge, claim or defense, proof may also be made of 
specific instances of that person's conduct.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 406. Habit; routine practice. 
Evidence of the habit of a person or of the routine practice of an organization, whether 
corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove 
that the conduct of the person or organization on a particular occasion was in conformity 
with the habit or routine practice.  
   
Rule 407. Subsequent remedial measures. 
When, after an injury or harm allegedly caused by an event, measures are taken which, if 
taken previously, would have made the injury or harm less likely to occur, evidence of 
the subsequent measures is not admissible to prove negligence,  culpable conduct, a 
defect in a product, a defect in a product's design, or a need for a warning or instruction. 
This rule does not require the exclusion of evidence of subsequent measures when 
offered for another purpose, such as proving ownership, control or feasibility of 
precautionary measures, if controverted, or impeachment. An event includes the sale of a 
product to a user or consumer.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 408. Compromise and offers to compromise. 
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or 
offering or promising to accept, a valuable consideration in compromising or attempting 
to compromise a claim which was disputed as to either validity or amount is not 
admissible to prove liability for or invalidity of the claim or its amount. Evidence of 
conduct or statements made in compromise negotiations is likewise not admissible. This 
rule does not require the exclusion of any evidence otherwise discoverable merely 
because it is presented in the course of compromise negotiations. This rule also does not 
require exclusion when the evidence is offered for another purpose, such as proving bias 
or prejudice of a witness, negativing a contention of undue delay or proving an effort to 
obstruct a criminal investigation or prosecution.  
   
Rule 409. Payment of medical and similar expenses. 
Evidence of furnishing or offering or promising to pay medical, hospital or similar 
expenses occasioned by an injury is not admissible to prove liability for the injury.  
   
Rule 410. Inadmissibility of pleas, offers of pleas and related statements. 
Except as otherwise provided in this rule, evidence of a plea of guilty later withdrawn 
with court permission, or a plea of nolo contendere, or of an offer to plead guilty or nolo 
contendere to the crime charged or any other crime, or of statements made in connection 
with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or 
criminal proceeding against the person who made the plea or offer. However, evidence of 
a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a 
plea of nolo contendere or an offer to plead guilty or nolo contendere to the crime 
charged or any other crime, is admissible in a criminal proceeding for perjury or false 
statement if the statement was made by the defendant under oath, on the record and in the 
presence of counsel.  
   
Rule 411. Liability insurance. 
Evidence that a person was or was not insured against liability is not admissible upon the 
issue whether he acted negligently or otherwise wrongfully. This rule does not require the 
exclusion of evidence of insurance against liability when offered for another purpose, 
such as proof of agency, ownership or control, or bias or prejudice of a witness.  
   
Rule 412. Rape cases; relevance of victim's past behavior. 
Omitted.  
   
Rule 413. Evidence of Similar Crimes in Sexual Assault Cases. 
Omitted.  
   
Rule 414. Evidence of Similar Crimes in Child Molestation Cases. 
Omitted.  
   
Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child 
Molestation. 
Omitted.  
   
Article V. Privileges 
Rule 501. Privileges recognized only as provided. 
Except as otherwise provided by Constitution or statute, or by court decision, or by these 
or other rules of court, no person has a privilege to:  
   
(1)  Refuse to be a witness;  
   
(2)  Refuse to disclose any matter;  
   
(3)  Refuse to produce any object or writing; or  
   
(4)  Prevent another from being a witness or disclosing any matter or producing any 
object or writing.  
   
Rule 502. Lawyer-client privilege. 
(a)  Definitions. As used in this rule:  
   
(1)  A "client" is a person, public officer or corporation, association or other organization 
or entity, either public or private, who is rendered professional legal services by a lawyer, 
or who consults a lawyer with a view to obtaining professional legal services from the 
lawyer.  
   
(2)  A communication is "confidential" if not intended to be disclosed to third persons 
other than those to whom disclosure is made in furtherance of the rendition of 
professional legal services to the client or those reasonably necessary for the transmission 
of the communication.  
   
(3)  A "lawyer" is a person authorized, or reasonably believed by the client to be 
authorized, to engage in the practice of law in any state or nation.  
   
(4)  Omitted.  
   
(5)  A "representative of the lawyer" is one employed, or reasonably believed by the 
client to be employed, by the lawyer to assist the lawyer in the rendition of professional 
legal services.  
   
(b)  General rule of privilege. A client has a privilege to refuse to disclose and to prevent 
any other person from disclosing confidential communications made for the purpose of 
facilitating the rendition of professional legal services to the client (1) between the client 
or the client's representative and the client's lawyer or the lawyer's representative, (2) 
between the lawyer and the lawyer's representative, (3) by the client or the client's 
representative or the client's lawyer or a representative of the lawyer to a lawyer or a 
representative of a lawyer representing another in a matter of common interest, (4) 
between representatives of the client or between the client and a representative of the 
client, or (5) among lawyers and their representatives representing the same client.  
   
(c)  Who may claim the privilege. The privilege under this rule may be claimed by the 
client, the client's guardian or conservator, the personal representative of a deceased 
client or the successor, trustee or similar representative of a corporation, association or 
other organization, whether or not in existence. A person who was the lawyer or the 
lawyer's representative at the time of the communication is presumed to have authority to 
claim the privilege but only on behalf of the client.  
   
(d)  Exceptions. There is no privilege under this rule:  
   
(1)  Furtherance of crime or fraud. If the services of the lawyer were sought or obtained 
to enable or aid anyone to commit or plan to commit what the client knew or reasonably 
should have known to be a crime or fraud;  
   
(2)  Claimants through same deceased client. As to a communication relevant to an issue 
between parties who claim through the same deceased client, regardless of whether the 
claims are by testate or intestate succession or by inter vivos transaction;  
   
(3)  Breach of duty by a lawyer or client. As to a communication relevant to an issue of 
breach of duty by the lawyer to the client or by the client to the lawyer;  
   
(4)  Accusations against a lawyer. As to a communication necessary for a lawyer to 
defend in a legal proceeding an accusation that the lawyer assisted the client in criminal 
or fraudulent conduct;  
   
(5)  Document attested by a lawyer. As to a communication relevant to an issue 
concerning an attested document to which the lawyer is an attesting witness; or  
   
(6)  Joint clients. As to a communication relevant to a matter of common interest between 
or among 2 or more clients if the communication was made by any of them to a lawyer 
retained or consulted in common, when offered in an action between or among any of the 
clients.  
   
(7)  Public officer or agency. [Omitted].  
   
(Amended, effective Dec. 10, 2001.) 
Rule 503. Mental health provider, physician, and psychotherapist-patient privilege. 
(a)  Definitions. As used in this rule:  
   
(1)  A communication is "confidential" if not intended to be disclosed to third persons, 
except persons present to further the interest of the patient in the consultation, 
examination or interview, persons reasonably necessary for the transmission of the 
communication or persons who are participating in the diagnosis and treatment under the 
direction of the mental health provider, physician or psychotherapist, including members 
of the patient's family.  
   
(2)  A "mental health provider" is (A) a licensed professional counselor of mental health 
or licensed associate counselor as authorized under 29 Del.C. §§ 3001-19, or (B) a 
licensed clinical social worker as authorized under 29 Del.C. §§ 3901-13.  
   
(3)  A "patient" is a person who consults or is examined or interviewed by a physician or 
psychotherapist for treatment or diagnosis.  
   
(4)  A "physician" is a person authorized to practice medicine in any state or nation, or 
reasonably believed by the patient so to be.  
   
(5)  A "psychotherapist" is (A) a person authorized to practice medicine in any state or 
nation, or reasonably believed by the patient so to be, while engaged in the diagnosis or 
treatment of a mental or emotional condition, including alcohol or drug addiction, or (B) 
a person licensed or certified as a psychologist under the laws of any state or nation, 
while similarly engaged.  
   
(b)  General rule of privilege. A patient has a privilege to refuse to disclose and to prevent 
any other person from disclosing confidential communications made for the purpose of 
diagnosis or treatment of the patient's physical, mental or emotional condition, including 
alcohol or drug addiction, among the patient, the patient's mental health provider, 
physician or psychotherapist, and persons who are participating in the diagnosis or 
treatment under the direction of the mental health provider, physician or psychotherapist, 
including members of the patient's family.  
   
(c)  Who may claim the privilege. The privilege may be claimed by the patient, the 
patient's guardian or conservator, or the personal representative of a deceased patient. The 
person who was the mental health provider, physician or psychotherapist at the time of 
the communication is presumed to have authority to claim the privilege but only on 
behalf of the patient.  
   
(d)  Exceptions.   
   
(1)  Proceedings for hospitalization. There is no privilege under this rule for a 
communication relevant to an issue in proceedings to hospitalize the patient for mental 
illness, if the mental health provider, physician or psychotherapist in the course of 
diagnosis or treatment has determined that the patient is in need of hospitalization.  
   
(2)  Examination by order of court. There is no privilege under this rule for a 
communication made in the course of a court-ordered investigation or examination of the 
physical, mental or emotional condition of the patient, whether a party or a witness, with 
respect to the particular purpose for which the examination is ordered unless the court 
orders otherwise.  
   
(3)  Condition an element of claim or defense. There is no privilege under this rule for a 
communication relevant to an issue of the physical, mental or emotional condition of the 
patient in any proceeding in which the patient relies upon the condition as an element of 
the patient's claim or defense or, after the patient's death, in any proceeding in which any 
party relies upon the condition as an element of the party's claim or defense.  
   
(4)  Commission of crime or fraud. There is no privilege under this rule for a 
communication if the services of the mental health provider, physician or psychotherapist 
were sought or obtained to enable or aid anyone to commit or plan to commit what the 
patient knew, or reasonably should have known, was a crime or fraud or mental or 
physical injury to the patient or another individual.  
   
(5)  Danger to self or others. There is no privilege under this rule for a communication in 
which the patient has expressed an intent to engage in conduct likely to result in 
imminent death or serious physical injury to the patient or another individual.  
 
   
(6)  Breach of duty. There is no privilege under this rule for a communication relevant to 
a breach of duty by the mental health provider, physician or psychotherapist.  
   
(7)  Appointment of guardian; child abuse cases. There is no privilege under this rule for 
a communication relevant to a proceeding brought pursuant to 12 Del.C. § 3901 or 16 
Del.C., Chapter 9.  
   
(Amended, effective Mar. 31, 1994; Dec. 10, 2001.) 
Rule 504. Husband-wife privilege. 
(a)  Definition. A communication is confidential if it is made privately by any person to 
his or her spouse and is not intended for disclosure to any other person.  
   
(b)  General rule of privilege. Any party or witness in any proceeding has a privilege to 
prevent his spouse from testifying as to any confidential communication between himself 
and his spouse.  
   
(c)  Who may claim the privilege. The privilege may be claimed by the party or witness 
or by the spouse on behalf of the party or witness. The authority of the spouse to do so is 
presumed.  
   
(d)  Exceptions. There is no privilege under this rule in a proceeding in which 1 spouse is 
charged with a wrong against the person or property of (1) the other, (2) a child of either, 
(3) a person residing in the household of either, or (4) a third person committed in the 
course of committing a crime against any of them. There is no privilege under this rule in 
any proceeding brought pursuant to Title 13 of the Delaware Code, or Chapter 9 of Title 
10 of the Delaware Code or when the interest of the spouses is adverse.  
   
(e)  Testimony of wife or husband. A wife or husband may testify for or against each 
other in any court of this State.  
   
Rule 505. Religious privilege. 
(a)  Definitions. As used in this rule:  
   
(1)  A "clergyman" is a minister, priest, rabbi, accredited Christian Science practitioner or 
other similar functionary of a religious organization, or an individual reasonably believed 
so to be by the person consulting him.  
   
(2)  A communication is "confidential" if made privately and not intended for further 
disclosure except to other persons present in furtherance of the purpose of the 
communication.  
   
(b)  General rule of privilege. A person has a privilege to refuse to disclose and to prevent 
another from disclosing a confidential communication by the person to a clergyman in his 
professional character as a spiritual adviser.  
   
(c)  Who may claim the privilege. The privilege may be claimed by the person, by his 
guardian or conservator, or by his personal representative if he is deceased. The 
clergyman may claim the privilege on behalf of the person. His authority so to do is 
presumed in the absence of evidence to the contrary.  
   
Rule 506. Political vote. 
(a)  General rule of privilege. Every person has a privilege to refuse to disclose the tenor 
of his vote at a political election conducted by secret ballot.  
   
(b)  Exceptions. This privilege does not apply if the court finds that the vote was cast 
illegally or determines that the disclosure should be compelled pursuant to the election 
laws of this State.  
   
Rule 507. Trade secrets. 
A person has a privilege, which may be claimed by him or his agent or employee, to 
refuse to disclose and to prevent other persons from disclosing a trade secret, owned by 
him, if the allowance of the privilege will not tend to conceal fraud or otherwise work 
injustice. If disclosure is directed, the court shall take such protective measures as the 
interest of the holder of the privilege and of the parties and the interest of justice may 
require.  
   
Rule 508. Secrets of State and other official information; governmental privileges. 
(a)  Claim of privilege. If the law of the United States creates a governmental privilege 
that the courts of this State must recognize under the Constitution of the United States, 
the privilege may be claimed as provided by the law of the United States.  
   
(b)  Recognition of privilege. A governmental privilege existing at common law, or 
created by the Constitution, statute or court rule of this State, shall be recognized.  
   
(c)  Effect of sustaining claim. If a claim of governmental privilege is sustained and it 
appears that a party is thereby deprived of material evidence, the court shall make any 
further orders the interests of justice require, including striking the testimony of a 
witness, declaring a mistrial, finding upon an issue as to which the evidence is relevant or 
dismissing the action.  
   
Rule 509. Identity of informer. 
(a)  Rule of privilege. The United States or a state or subdivision thereof has a privilege 
to refuse to disclose the identity of a person who has furnished information relating to or 
assisting in an investigation of a possible violation of a law to a law-enforcement officer 
or member of a legislative committee or its staff conducting an investigation.  
   
(b)  Who may claim. The privilege may be claimed by an appropriate representative of 
the public entity to which the information was furnished.  
   
(c)  Exceptions.   
   
(1)  Voluntary disclosure; informer a witness. No privilege exists under this rule if the 
identity of the informer or his interest in the subject matter of his communication has 
been disclosed to those who would have cause to resent the communication by a holder 
of the privilege or by the informer's own action, or if the informer appears as a witness 
for the government.  
   
(2)  Testimony on relevant issue. If it appears in a criminal case that an informer may be 
able to give testimony which would materially aid the defense, or in a civil case which 
would be relevant to a fair determination of a material issue on the merits of a case in 
which a public entity is a party, and the informed public entity invokes the privilege, the 
court shall give the public entity an opportunity to show in camera facts relevant to 
determining whether the informer can, in fact, supply that testimony. The showing will 
ordinarily be in the form of affidavits, but the court may direct that testimony be taken if 
it finds that the matter cannot be resolved satisfactorily upon affidavit. If the court finds 
there is a reasonable probability that the informer can give the testimony, and the public 
entity elects not to disclose his identity, in criminal cases the court on motion of the 
defendant or on its own motion shall grant appropriate relief, which may include 1 or 
more of the following: Requiring the prosecuting attorney to comply, granting the 
defendant additional time or a continuance, relieving the defendant from making 
disclosures otherwise required of him, prohibiting the prosecuting attorney from 
introducing specified evidence, and dismissing charges. In civil cases, the court may 
make any order the interests of justice require. Evidence submitted to the court shall be 
sealed and preserved to be made available to the appellate court in the event of an appeal, 
and the contents shall not otherwise be revealed without consent of the informed public 
entity. All counsel and parties are permitted to be present at every stage of proceedings 
under this subdivision except a showing in camera at which no counsel or party shall 
have the right to be present.  
   
Rule 510. Waiver of privilege by voluntary disclosure. 
A person upon whom these rules confer a privilege against disclosure waives the 
privilege if he or his predecessor while holder of the privilege voluntarily discloses or 
consents to disclosure of any significant part of the privileged matter. This rule does not 
apply if the disclosure itself is privileged.  
   
Rule 511. Privileged matter disclosed under compulsion or without opportunity to claim 
privilege. 
A claim of privilege is not defeated by a disclosure which was (1) compelled erroneously 
or (2) made without opportunity to claim the privilege.  
   
Rule 512. Comment upon or inference from claim of privilege; instruction. 
(a)  Comment or inference not permitted. The claim of a privilege, whether in the present 
proceeding or upon a prior occasion, is not a proper subject of comment by judge or 
counsel. No inference may be drawn therefrom.  
   
(b)  Claiming privilege without knowledge of jury. In jury cases, proceedings shall be 
conducted, to the extent practicable, so as to facilitate the making of claims of privilege 
without the knowledge of the jury.  
   
(c)  Jury instruction. Upon request, any party against whom the jury might draw an 
adverse inference from a claim of privilege is entitled to an instruction that no inference 
may be drawn therefrom.  
   
Rule 513. Reporter's privilege. 
A reporter may not decline to testify except as provided by statute.  
   
Article VI. Witnesses 
Rule 601. General rule of competency. 
Every person is competent to be a witness except as otherwise provided in these rules.  
   
Rule 602. Lack of personal knowledge. 
A witness may not testify to a matter unless evidence is introduced sufficient to support a 
finding that he has personal knowledge of the matter. Evidence to prove personal 
knowledge may, but need not, consist of the testimony of the witness himself. This rule is 
subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses.  
   
Rule 603. Oath or affirmation. 
Before testifying, every witness shall be required to declare that he will testify truthfully, 
by oath or affirmation administered in a form calculated to awaken his conscience and 
impress his mind with his duty to do so.  
   
Rule 604. Interpreters. 
An interpreter is subject to the provisions of these Rules relating to qualification as an 
expert and the administration of an oath or affirmation to make a true translation.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 605. Competency of judge as witness. 
The judge presiding at the trial may not testify in that trial as a witness. No objection 
need be made in order to preserve the point.  
   
Rule 606. Competency of juror as witness. 
(a)  At the trial. A member of the jury may not testify as a witness before that jury in the 
trial of the case in which he is sitting as a juror. If he is called so to testify, the opposing 
party shall be afforded an opportunity to object out of the presence of the jury.  
   
(b)  Inquiry into validity of verdict or indictment. Upon an inquiry into the validity of a 
verdict or indictment, a juror may not testify as to any matter or statement occurring 
during the course of the jury's deliberations or to the effect of anything upon his or any 
other juror's mind or emotions as influencing him to assent to or dissent from the verdict 
or indictment or concerning his mental processes in connection therewith, except that a 
juror may testify on the question whether extraneous prejudicial information was 
improperly brought to the jury's attention or whether any outside influence was 
improperly brought to bear upon any juror. Nor may his affidavit or evidence of any 
statement by him concerning a matter about which he would be precluded from testifying 
be received for these purposes.  
   
Rule 607. Who may impeach. 
The credibility of a witness may be attacked by any party, including the party calling 
him.  
   
Rule 608. Evidence of character and conduct of witness. 
(a)  Opinion and reputation evidence of character. Except as provided in 11 Del.C. §§ 
3508 and 3509, the credibility of a witness may be attacked or supported by evidence in 
the form of opinion or reputation, but subject to these limitations: (1) The evidence may 
refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful 
character is admissible only after the character of the witness for truthfulness has been 
attacked.  
   
(b)  Specific instances of conduct. Specific instances of the conduct of a witness, for the 
purpose of attacking or supporting the witness' credibility, other than conviction of crime 
as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, 
in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired 
into on cross-examination of the witness (1) concerning the witness' character for 
truthfulness or untruthfulness, or (2) concerning the character for truthfulness or 
untruthfulness of another witness as to which character the witness being cross-examined 
has testified.  
   
The giving of testimony, whether by an accused or by any other witness, does not operate 
as a waiver of the accused's or the witness' privilege against self-incrimination when 
examined with respect to matters which relate only to credibility.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 609. Impeachment by evidence of conviction of crime. 
(a)  General rule. For the purpose of attacking the credibility of a witness, evidence that 
the witness has been convicted of a crime shall be admitted but only if the crime (1) 
constituted a felony under the law under which the witness was convicted, and the court 
determines that the probative value of admitting this evidence outweighs its prejudicial 
effect or (2) involved dishonesty or false statement, regardless of the punishment.  
   
(b)  Time limit. Evidence of a conviction under this rule is not admissible if a period of 
more than 10 years has elapsed since the date of the conviction or of the release of the 
witness from the confinement imposed for that conviction, whichever is the later date, 
unless the court determines, in the interests of justice, that the probative value of the 
conviction supported by specific facts and circumstances substantially outweighs its 
prejudicial effect. However, evidence of a conviction more than 10 years old, as 
calculated herein, is not admissible unless the proponent gives to the adverse party 
sufficient advance written notice of intent to use such evidence to provide the adverse 
party with a fair opportunity to contest the use of such evidence.  
   
(c)  Effect of pardon, annulment or certificate of rehabilitation. Evidence of a conviction 
is not admissible under this rule if (1) the conviction has been the subject of a pardon, 
annulment, certificate of rehabilitation or other equivalent procedure based on a finding 
of the rehabilitation of the person convicted, and that person has not been convicted of a 
subsequent felony, or (2) the conviction has been the subject of a pardon, annulment or 
other equivalent procedure based on a finding of innocence.  
 
   
(d)  Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible 
under this rule. The court may, however, in a criminal case, allow evidence of a juvenile 
adjudication of a witness other than the accused if conviction of the offense would be 
admissible to attack the credibility of an adult and the court is satisfied that admission in 
evidence is necessary for a fair determination of the issue of guilt or innocence.  
   
(e)  Pendency of appeal. The pendency of an appeal therefrom does not render evidence 
of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.  
   
(Amended, effective May 5, 1993; Dec. 10, 2001.) 
Rule 610. Religious beliefs or opinions. 
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible 
for the purpose of showing that by reason of their nature his credibility is impaired or 
enhanced.  
   
Rule 611. Mode and order of interrogation and presentation. 
(a)  Control by court. The court shall exercise reasonable control over the mode and order 
of interrogating witnesses and presenting evidence so as to (1) make the interrogation and 
presentation effective for the ascertainment of the truth, (2) avoid needless consumption 
of time, and (3) protect witnesses from harassment or undue embarrassment.  
   
(b)  Scope of cross-examination. Cross-examination should be limited to the subject 
matter of the direct examination and matters affecting the credibility of the witness. The 
court may, in the exercise of discretion, permit inquiry into additional matters as if on 
direct examination.  
   
(c)  Leading questions. Leading questions should not be used on the direct examination of 
a witness except as may be necessary to develop his testimony. Ordinarily leading 
questions should be permitted on cross-examination. When a party calls a hostile witness, 
an adverse party or a witness identified with an adverse party, interrogation may be by 
leading questions.  
   
Rule 612. Writing or object used to refresh memory. 
(a)  While testifying. If, while testifying, a witness uses a writing or object to refresh his 
memory, an adverse party is entitled to have the writing or object produced at the trial, 
hearing or deposition in which the witness is testifying.  
   
(b)  Before testifying. If, before testifying, a witness uses a writing or object to refresh his 
memory for the purpose of testifying and the court in its discretion determines that the 
interests of justice so require, an adverse party is entitled to have the writing or object 
produced, if practicable, at the trial, hearing or deposition in which the witness is 
testifying.  
   
(c)  Terms and conditions of production and use. A party entitled to have a writing or 
object produced under this rule is entitled to inspect it, to cross-examine the witness 
thereon and to introduce in evidence those portions which relate to the testimony of the 
witness. If production of the writing or object at the trial, hearing or deposition is 
impracticable, the court may order it made available for inspection. If it is claimed that 
the writing or object contains matters not related to the subject matter of the testimony, 
the court shall examine the writing or object in camera, excise any portions not so related 
and order delivery of the remainder to the party entitled thereto. Any portion withheld 
over objections shall be preserved and made available to the appellate court in the event 
of an appeal. If a writing or object is not produced, made available for inspection or 
delivered pursuant to order under this rule, the court shall make any order justice 
requires, but in criminal cases if the prosecution elects not to comply, the order shall be 
one striking the testimony or, if the court in its discretion determines that the interests of 
justice so require, declaring a mistrial.  
   
Rule 613. Prior statements of witnesses. 
(a)  Examining witness concerning prior statement. In examining a witness concerning a 
prior statement made by him, whether written or not, the statement need not be shown 
nor its contents disclosed to him at that time, but on request the same shall be shown or 
disclosed to opposing counsel.  
   
(b)  Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence of a 
prior inconsistent statement by a witness is not admissible unless the witness is afforded 
an opportunity to explain or deny the same and the opposite party is afforded an 
opportunity to interrogate him thereon, or the interests of justice otherwise require. This 
provision does not apply to admissions of a party-opponent as defined in Rule 801(d)(2).  
   
(c)  Exception. If a witness does not clearly admit that he has made the prior inconsistent 
statement, extrinsic evidence of such statement is admissible.  
   
Rule 614. Calling and interrogation of witnesses by court. 
(a)  Calling by court. The court may, on its own motion or at the suggestion of a party, 
call witnesses, and all parties are entitled to cross-examine witnesses thus called.  
   
(b)  Interrogation by court. The court may interrogate witnesses, whether called by itself 
or by a party.  
   
(c)  Objections. Objections to the calling of witnesses by the court or to interrogation by 
it may be made at the time or at the next available opportunity when the jury is not 
present.  
   
Rule 615. Exclusion of witnesses. 
At the request of a party the court may order witnesses excluded so that they cannot hear 
the testimony of other witnesses, and it may make the order of its own motion. This rule 
does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or 
employee of a party which is not a natural person designated as its representative by its 
attorney, or (3) a person whose presence is shown by a party to be essential to the 
presentation of his cause.  
   
Rule 616. Bias of witness. 
For the purpose of attacking the credibility of a witness, evidence of bias, prejudice or 
interest of the witness for or against any party to the case is admissible.  
   
(Added, effective Dec. 10, 2001.) 
Article VII. Opinions and Expert Testimony 
Rule 701. Opinion testimony by lay witnesses. 
If the witness is not testifying as an expert, the witness' testimony in the form of opinions 
or inferences is limited to those opinions or inferences which are (a) rationally based on 
the perception of the witness and (b) helpful to a clear understanding of the witness' 
testimony or the determination of a fact in issue and (c) not based on scientific, technical 
or other specialized knowledge within the scope of Rule 702.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 702. Testimony by experts. 
If scientific, technical or other specialized knowledge will assist the trier of fact to 
understand the evidence or to determine a fact in issue, a witness qualified as an expert 
by knowledge, skill, experience, training or education may testify thereto in the form of 
an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the 
testimony is the product of reliable principles and methods, and (3) the witness has 
applied the principles and methods reliably to the facts of the case.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 703. Bases of opinion testimony by experts. 
The facts or data in the particular case upon which an expert bases an opinion or 
inference may be those perceived by or made known to him at or before the hearing. If of 
a type reasonably relied upon by experts in the particular field in forming opinions or 
inferences upon the subject, the facts or data need not be admissible in evidence in order 
for the opinion or inference to be admitted. Upon objection, facts or data that are 
otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion 
or inference unless the court determines that their probative value in assisting the jury to 
evaluate the expert's opinion substantially outweighs their prejudicial effect.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 704. Opinion on ultimate issue. 
Testimony in the form of an opinion or inference otherwise admissible is not 
objectionable merely because it embraces an ultimate issue to be decided by the trier of 
fact.  
   
Rule 705. Disclosure of facts or data underlying expert opinion. 
(a)  Disclosure of facts or data underlying expert opinion. The expert may testify in terms 
of opinion or inference and give reasons therefor without first testifying to the underlying 
facts or data, unless the court requires otherwise. The expert may in any event be required 
to disclose the underlying facts or data on cross-examination.  
   
(b)  Objection. An adverse party may object to the testimony of an expert on the ground 
that the expert does not have a sufficient basis for expressing an opinion. The adverse 
party may, before the witness gives an opinion, be allowed to conduct a voir dire 
examination directed to the underlying facts or data on which the opinion is based.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 706. Court-appointed experts. 
(a)  Appointment. The court may on its own motion or on the motion of any party enter 
an order to show cause why expert witnesses should not be appointed, and may request 
the parties to submit nominations. The court may appoint any expert witnesses agreed 
upon by the parties, and may appoint expert witnesses of its own selection. An expert 
witness shall not be appointed by the court unless the witness consents to act. A witness 
so appointed shall be informed of the witness' duties by the court in writing, a copy of 
which shall be filed with the clerk, or at a conference in which the parties shall have 
opportunity to participate. A witness so appointed shall advise the parties of the witness' 
findings, if any; the witness' deposition may be taken by any party; and the witness may 
be called to testify by the court or any party. The witness shall be subject to cross-
examination by each party, including a party calling the witness.  
   
(b)  Compensation. Expert witnesses so appointed are entitled to reasonable 
compensation in whatever sum the court may allow. The compensation thus fixed is 
payable from funds which may be provided by law in criminal cases and civil actions and 
proceedings involving just compensation under the Fifth Amendment. In other civil 
actions and proceedings the compensation shall be paid by the parties in such proportion 
and at such time as the court directs, and thereafter charged in like manner as other costs.  
   
(c)  Disclosure of appointment. In the exercise of its discretion, the court may authorize 
disclosure to the jury of the fact that the court appointed the expert witness.  
   
(d)  Parties' experts of own selection. Nothing in this rule limits the parties in calling 
expert witnesses of their own selection.  
   
(Added effective Nov. 10, 1999.) 
Article VIII. Hearsay 
Rule 801. Definitions. 
The following definitions apply under this article:  
   
(a)  Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct 
of a person, if it is intended by him as an assertion.  
   
(b)  Declarant. A "declarant" is a person who makes a statement.  
   
(c)  Hearsay. "Hearsay" is a statement, other than one made by the declarant while 
testifying at the trial or hearing, offered in evidence to prove the truth of the matter 
asserted.  
   
(d)  Statements which are not hearsay. A statement is not hearsay if:  
   
(1)  Prior statement by witness. The declarant testifies at the trial or hearing and is subject 
to cross-examination concerning the statement, and the statement is (A) inconsistent with 
his testimony, or (B) consistent with his testimony and is offered to rebut an express or 
implied charge against him of recent fabrication or improper influence or motive, or (C) 
one of identification of a person. Section 3507 of Title 11 of the Delaware Code governs 
admissibility of prior consistent and inconsistent statements of a witness in a criminal 
prosecution.  
   
(2)  Admission by party-opponent. The statement is offered against a party and is (A) his 
own statement, in either his individual or a representative capacity, or (B) a statement of 
which he has manifested his adoption or belief in its truth, or (C) a statement by a person 
authorized by him to make a statement concerning the subject, or (D) a statement by his 
agent or servant concerning a matter within the scope of his agency or employment, made 
during the existence of the relationship, or (E) a statement by a co-conspirator of a party 
during the course and in furtherance of the conspiracy; provided that the conspiracy has 
first been established by the preponderance of the evidence to the satisfaction of the 
court.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 802. Hearsay rule. 
Hearsay is not admissible except as provided by law or by these Rules.  
   
Rule 803. Hearsay exceptions; availability of declarant immaterial. 
The following are not excluded by the hearsay rule, even though the declarant is available 
as a witness:  
   
(1)  Present sense impression. A statement describing or explaining an event or condition 
made while the declarant was perceiving the event or condition, or immediately 
thereafter.  
   
(2)  Excited utterance. A statement relating to a startling event or condition made while 
the declarant was under the stress of excitement caused by the event or condition.  
   
(3)  Then existing mental, emotional or physical condition. A statement of the declarant's 
then existing state of mind, emotion, sensation or physical condition (such as intent, plan, 
motive, design, mental feeling, pain and bodily health), but not including a statement of 
memory or belief to prove the fact remembered or believed unless it relates to the 
execution, revocation, identification or terms of declarant's will.  
   
(4)  Statements for purposes of medical diagnosis or treatment. Statements made for 
purposes of medical diagnosis or treatment and describing medical history, or past or 
present symptoms, pain or sensations, or the inception or general character of the cause or 
external course thereof insofar as reasonably pertinent to diagnosis or treatment.  
   
(5)  Recorded recollection. A memorandum or record concerning a matter about which a 
witness once had knowledge but now has insufficient recollection to enable him to testify 
fully and accurately, shown to have been made or adopted by the witness when the matter 
was fresh in his memory and to reflect that knowledge correctly. If admitted, the 
memorandum or record may be read into evidence or may be received as an exhibit in the 
court's discretion.  
   
(6)  Records of regularly conducted activity. A memorandum, report, record or data 
compilation, in any form, of acts, events, conditions, opinions or diagnoses, made at or 
near the time by, or from information transmitted by, a person with knowledge, if kept in 
the course of a regularly conducted business activity, and if it was the regular practice of 
that business activity to make the memorandum, report, record or data compilation, all as 
shown by the testimony of the custodian or other qualified witness, or by certification 
that complies with D.R.E. 902(11), D.R.E. 902(12) or a statute permitting certification, 
unless the source of information or the method or circumstances of preparation indicate 
lack of trustworthiness. The term "business" as used in this paragraph includes business, 
institution, association, profession, occupation and calling of every kind, whether or not 
conducted for profit.  
   
(7)  Absence of entry in records kept in accordance with the provisions of paragraph (6). 
Evidence that a matter is not included in the memoranda, reports, records or data 
compilations, in any form, kept in accordance with the provisions of paragraph (6) of this 
rule, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind 
of which a memorandum, report, record or data compilation was regularly made and 
preserved, unless the sources of information or other circumstances indicate lack of 
trustworthiness.  
   
(8)  Public records and reports. To the extent not otherwise provided in this paragraph, 
records, reports, statements or data compilations, in any form, of a public office or 
agency setting forth its regularly conducted and regularly recorded activities, or matters 
observed pursuant to duty imposed by law and as to which there was a duty to report, or 
factual findings resulting from an investigation made pursuant to authority granted by 
law. The following are not within this exception to the hearsay rule: (A) Investigative 
reports by police and other law-enforcement personnel; (B) investigative reports prepared 
by or for a government, a public office or an agency when offered by it in a case in which 
it is a party; (C) factual findings offered by the government in criminal cases; (D) factual 
findings resulting from special investigation of a particular complaint, case or incident; 
(E) any matter as to which the sources of information or other circumstances indicate lack 
of trustworthiness.  
   
(9)  Records of vital statistics. Records or data compilations, in any form, of births, fetal 
deaths, deaths or marriages, if the report thereof was made to a public office pursuant to 
requirements of law.  
   
(10)  Absence of public record or entry. To prove the absence of a record, report, 
statement or data compilation, in any form, or the nonoccurrence or nonexistence of a 
matter of which a record, report, statement or data compilation, in any form, was 
regularly made and preserved by a public office or agency, evidence in the form of a 
certification in accordance with Rule 902, or testimony, that diligent search failed to 
disclose the record, report, statement or data compilation, or entry.  
   
(11)  Records of religious organizations. Statements of births, marriages, divorces, 
deaths, legitimacy, ancestry, relationship by blood or marriage or other similar facts of 
personal or family history, contained in a regularly kept record of a religious 
organization.  
   
(12)  Marriage, baptismal and similar certificates. Statements of fact contained in a 
certificate that the maker performed a marriage or other ceremony or administered a 
sacrament, made by a clergyman, public official or other person authorized by the rules 
or practices of a religious organization or by law to perform the act certified, and 
purporting to have been issued at the time of the act or within a reasonable time 
thereafter.  
   
(13)  Family records. Statements of fact concerning personal or family history contained 
in family Bibles, genealogies, charts, engravings on rings, inscriptions on family 
portraits, engravings on urns, crypts or tombstones, or the like.  
   
(14)  Records of documents affecting an interest in property. The record of a document 
purporting to establish or affect an interest in property, as proof of the content of the 
original recorded document and its execution and delivery by each person by whom it 
purports to have been executed, if the record is a record of public office and an applicable 
statute authorizes the recording of documents of that kind in that office.  
   
(15)  Statements in documents affecting an interest in property. A statement contained in 
a document purporting to establish or affect an interest in property if the matter stated 
was relevant to the purpose of the document, unless dealings with the property since the 
document was made have been inconsistent with the truth of the statement or the purport 
of the document.  
   
(16)  Statements in ancient documents. Statements in a document in existence 20 years or 
more, the authenticity of which is established.  
   
(17)  Market reports; commercial publications. Market quotations, tabulations, lists, 
directories or other published compilations, generally used and relied upon by the public 
or by persons in particular occupations.  
   
(18)  Learned treatises. To the extent called to the attention of an expert witness upon 
cross-examination, or relied upon by him in direct examination, statements contained in 
published treatises, periodicals or pamphlets on a subject of history, medicine or other 
science or art, established as a reliable authority by the testimony or admission of the 
witness or by other expert testimony or by judicial notice. If admitted, the statements may 
be read into evidence but may not be received as exhibits.  
   
(19)  Reputation concerning personal or family history. Reputation among members of 
his family by blood, adoption or marriage, or among his associates, or in the community, 
concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship 
by blood, adoption or marriage, ancestry or other similar fact of his personal or family 
history.  
   
(20)  Reputation concerning boundaries or general history. Reputation in a community, 
arising before the controversy, as to boundaries of or customs affecting lands in the 
community, and reputation as to events of general history important to the community or 
state or nation in which located.  
   
(21)  Reputation as to character. Reputation of a person's character among his associates 
or in the community.  
   
(22)  Judgment of previous conviction. Evidence of a final judgment, entered after a trial 
or upon a plea of guilty (but not upon a plea of nolo contendere), constituting a felony 
under the law pursuant to which the person was convicted, to prove any fact essential to 
sustain the judgment, but not including, when offered by the state in a criminal 
prosecution for purposes other than impeachment, judgments against persons other than 
the accused. The pendency of an appeal may be shown but does not affect admissibility.  
   
(23)  Judgment as to personal, family or general history, or boundaries. Judgments as 
proof of matters of personal, family or general history, or boundaries, essential to the 
judgment, if the same would be provable by evidence of reputation.  
   
(24)  [Transferred to D.R.E. 807.]  
   
(25)  Business records in justice of the peace court civil cases. In a civil case before a 
Justice of the Peace, a bill, estimate, receipt or statement of account which appears to 
have been made in the regular course of business may be admitted into evidence by the 
Court, if the Justice of the Peace is satisfied that the document is reliable.  
   
(Amended, effective Oct. 1, 1981; Sept. 19, 1994; Dec. 10, 2001.) 
Rule 804. Hearsay exceptions; declarant unavailable. 
(a)  Definition of unavailability. Unavailability as a witness includes situations in which 
the declarant:  
   
(1)  Is exempted by ruling of the court on the ground of privilege from testifying 
concerning the subject matter of the declarant's statement; or  
   
(2)  Persists in refusing to testify concerning the subject matter of the declarant's 
statement despite an order of the court to do so; or  
   
(3)  Testifies to a lack of memory of the subject matter of the declarant's statement; or  
   
(4)  Is unable to be present or to testify at the hearing because of death or then existing 
physical or mental illness or infirmity; or  
   
(5)  Is absent from the hearing and the proponent of the declarant's statement has been 
unable to procure the declarant's attendance by process or other reasonable means.  
   
A declarant is not unavailable as a witness if the declarant's exemption, refusal, claim of 
lack of memory, inability or absence is due to the procurement or wrongdoing of the 
proponent of the declarant's statement for the purpose of preventing the witness from 
attending or testifying.  
   
(b)  Hearsay exceptions. The following are not excluded by the hearsay rule if the 
declarant is unavailable as a witness:  
   
(1)  Former testimony. Testimony given as a witness at another hearing of the same or a 
different proceeding, or in a deposition taken in compliance with law in the course of the 
same or another proceeding, if the party against whom the testimony is now offered, or, 
in a civil action or proceeding, a predecessor in interest, had an opportunity and similar 
motive to develop the testimony by direct, cross or redirect examination.  
   
(2)  Statement under belief of impending death. A statement made by a declarant while 
believing that the declarant's death was imminent, concerning the cause or circumstances 
of what the declarant believed to be the declarant's impending death.  
   
(3)  Statement against interest. A statement which was, at the time of its making, so far 
contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the 
declarant to civil or criminal liability, or to render invalid a claim by the declarant against 
another, that a reasonable person in the declarant's position would not have made the 
statement unless the declarant believed it to be true. A statement tending to expose the 
declarant to criminal liability and offered to exculpate the accused is not admissible 
unless corroborating circumstances clearly indicate the trustworthiness of the statement.  
   
(4)  Statement of personal or family history. (A) A statement concerning the declarant's 
own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption or 
marriage, ancestry or other similar fact of personal or family history, even though 
declarant had no means of acquiring personal knowledge of the matter stated; or (B) a 
statement concerning the foregoing matters, and death also, of another person, if the 
declarant was related to the other by blood, adoption or marriage or was so intimately 
associated with the other's family as to be likely to have accurate information concerning 
the matter declared.  
   
(5)  Other exceptions. [Omitted].  
   
(6)  Forfeiture by wrongdoing. A statement offered against a party that has engaged or 
acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the 
declarant as a witness.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 805. Hearsay within hearsay. 
Hearsay included within hearsay is not excluded under the hearsay rule if each part of the 
combined statements conforms with an exception to the hearsay rule provided in these 
rules.  
   
Rule 806. Attacking and supporting credibility of declarant. 
When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D) or (E), has 
been admitted in evidence, the credibility of the declarant may be attacked, and if 
attacked may be supported by any evidence which would be admissible for those 
purposes if declarant had testified as a witness. Evidence of a statement or conduct by the 
declarant at any time, inconsistent with his hearsay statement, is not subject to any 
requirement that he may have been afforded an opportunity to deny or explain. If the 
party against whom a hearsay statement has been admitted calls the declarant as a 
witness, the party is entitled to examine him on the statement as if under cross-
examination.  
   
Rule 807. Residual Exception. 
A statement not specifically covered by Rule 803 or 804 but having equivalent 
circumstantial guarantees of trustworthiness is not excluded by the hearsay rule, if the 
court determines that: (A) The statement is offered as evidence of a material fact; (B) the 
statement is more probative on the point for which it is offered than any other evidence 
which the proponent can procure through reasonable efforts; and (C) the general purposes 
of these rules and the interests of justice will best be served by admission of the statement 
into evidence. However, a statement may not be admitted under this exception unless the 
proponent of it makes known to the adverse party, sufficiently in advance of the trial or 
hearing to provide the adverse party with a fair opportunity to prepare to meet it, the 
proponent's intention to offer the statement and the particulars of it, including the name 
and address of the declarant.  
   
(Added, effective Dec. 10, 2001.) 
Article IX. Authentication and Identification 
Rule 901. Requirement of authentication or identification. 
(a)  General provision. The requirement of authentication or identification as a condition 
precedent to admissibility is satisfied by evidence sufficient to support a finding that the 
matter in question is what its proponent claims.  
   
(b)  Illustrations. By way of illustration only, and not by way of limitation, the following 
are examples of authentication or identification conforming with the requirements of this 
rule:  
   
(1)  Testimony of witness with knowledge. Testimony that a matter is what it is claimed 
to be.  
   
(2)  Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of 
handwriting, based upon familiarity not acquired for purposes of the litigation.  
   
(3)  Comparison by trier or expert witness. Comparison by the trier of fact or by expert 
witnesses with specimens which have been authenticated.  
   
(4)  Distinctive characteristics and the like. Appearance, contents, substance, internal 
patterns or other distinctive characteristics, taken in conjunction with circumstances.  
   
(5)  Voice identification. Identification of a voice, whether heard firsthand or through 
mechanical or electronic transmission or recording, by opinion based upon hearing the 
voice at any time under circumstances connecting it with the alleged speaker.  
   
(6)  Telephone conversations. Telephone conversations, by evidence that a call was made 
to the number assigned at the time by the telephone company to a particular person or 
business, if (A) in the case of a person, circumstances, including self-identification, show 
the person answering to be the one called, or (B) in the case of a business, the call was 
made to a place of business and the conversation related to business reasonably 
transacted over the telephone.  
   
(7)  Public records or reports. Evidence that a writing authorized by law to be recorded or 
filed and in fact recorded or filed in a public office, or a purported public record, report, 
statement or data compilation, in any form, is from the public office where items of this 
nature are kept.  
   
(8)  Ancient documents or data compilation. Evidence that a document or data 
compilation, in any form, (A) is in such condition as to create no suspicion concerning its 
authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in 
existence 20 years or more at the time it is offered.  
   
(9)  Process or system. Evidence describing a process or system used to produce a result 
and showing that the process or system produces an accurate result.  
   
(10)  Methods provided by statute or rule. Any method of authentication or identification 
provided by a statute or provided by in the Constitution of this State.  
   
Rule 902. Self-authentication. 
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required 
with respect to the following:  
   
(1)  Domestic public documents under seal. A document bearing a seal purporting to be 
that of the United States, or of any state, district, commonwealth, territory or insular 
possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific 
Islands, or of a political subdivision, department, officer or agency thereof, and a 
signature purporting to be an attestation or execution.  
   
(2)  Domestic public documents not under seal. A document purporting to bear the 
signature in his official capacity of an officer or employee of any entity included in 
paragraph (1) hereof, having no seal, if a public officer having a seal and having official 
duties in the district or political subdivision of the officer or employee certifies under seal 
that the signer has the official capacity and that the signature is genuine.  
   
(3)  Foreign public documents. A document purporting to be executed or attested in his 
official capacity by a person authorized by the laws of a foreign country to make the 
execution or attestation, and accompanied by a final certification as to the genuineness of 
the signature and official position (A) of the executing or attesting person, or (B) of any 
foreign official whose certificate of genuineness of signature and official position relates 
to the execution or attestation or is in a chain of certificates of genuineness of signature 
and official position relating to the execution or attestation. A final certification may be 
made by a secretary of embassy or legation, consul general, consul, vice consul or 
consular agent of the United States, or a diplomatic or consular official of the foreign 
country assigned or accredited to the United States. If reasonable opportunity has been 
given to all parties to investigate the authenticity and accuracy of official documents, the 
court may, for good cause shown, order that they be treated as presumptively authentic 
without final certification or permit them to be evidenced by an attested summary with or 
without final certification.  
   
(4)  Certified copies of public records. A copy of an official record or report or entry 
therein, or of a document authorized by law to be recorded or filed and actually recorded 
or filed in a public office, including data compilations in any form, certified as correct by 
the custodian or other person authorized to make the certification, by certificate 
complying with subdivision (1), (2) or (3) of this rule or complying with any law of the 
United States or of this State.  
   
(5)  Official publications. Books, pamphlets or other publications purporting to be issued 
by public authority.  
   
(6)  Newspapers and periodicals. Printed materials purporting to be newspapers or 
periodicals.  
   
(7)  Trade inscriptions and the like. Inscriptions, signs, tags or labels purporting to have 
been affixed in the course of business and indicating ownership, control or origin.  
   
(8)  Acknowledged documents. Documents accompanied by a certificate of 
acknowledgment executed in the manner provided by law by a notary public or other 
officer authorized by law to take acknowledgments.  
   
(9)  Commercial paper and related documents. Commercial paper, signatures thereon and 
documents relating thereto to the extent provided by general commercial law.  
   
(10)  Presumptions created by law. Any signature, document or other matter declared by 
any law of the United States or of this State to be presumptively or prima facie genuine or 
authentic.  
   
(11)  Certified domestic records of regularly conduced activity. The original or a 
duplicate of a domestic record of regularly conducted activity that would be admissible 
under Rule 803(6) if accompanied by a written declaration of its custodian or other 
qualified person, in a manner complying with any law of the United States or of this 
State, certifying that the record  
   
(A)  was made at or near the time of the occurrence of the matters set forth by, or from 
information transmitted by, a person with knowledge of those matters;  
   
(B)  was kept in the course of the regularly conduced activity; and  
   
(C)  was made by the regularly conducted activity as a regular practice. A party intending 
to offer a record into evidence under this paragraph must provide written notice of that 
intention to all adverse parties, and must make the record and declaration available for 
inspection sufficiently in advance of their offer into evidence to provide an adverse party 
with a fair opportunity to challenge them.  
   
(12)  Certified foreign records of regularly conducted activity. In a civil case, the original 
or a duplicate of a domestic record of regularly conducted activity that would be 
admissible under Rule 803(6) if accompanied by a written declaration of its custodian or 
other qualified person, in a manner complying with any law of the United States or of this 
State, certifying that the record  
   
(A)  was made at or near the time of the occurrence of the matters set forth by, or from 
information transmitted by, a person with knowledge of those matters;  
   
(B)  was kept in the course of the regularly conduced activity; and  
   
(C)  was made by the regularly conducted activity as a regular practice. The declaration 
must be signed in a manner that, if falsely made, would subject the maker to criminal 
penalty under the laws of the country where the declaration is signed. A party intending 
to offer a record into evidence under this paragraph must provide written notice of that 
intention to all adverse parties, and must make the record and declaration available for 
inspection sufficiently in advance of their offer into evidence to provide an adverse party 
with a fair opportunity to challenge them.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 903. Subscribing witness' testimony unnecessary. 
The testimony of a subscribing witness is not necessary to authenticate a writing unless 
required by the laws of the jurisdiction whose laws govern the validity of the writing.  
   
Article X. Contents of Writings, Recordings, and Photographs 
Rule 1001. Definitions. 
For purposes of this article the following definitions are applicable:  
   
(1)  Writings and recordings. "Writings" and "recordings" consist of letters, words, 
sounds or numbers, or their equivalent, set down by handwriting, typewriting, printing, 
photostating, photographing, magnetic impulse, mechanical or electronic recording, or 
other form of data compilation.  
   
(2)  Photographs. "Photographs" include still photographs, X-ray films, video tapes and 
motion pictures.  
   
(3)  Original. An "original" of a writing or recording is the writing or recording itself or 
any counterpart intended to have the same effect by a person executing or issuing it. An 
"original" of a photograph includes the negatives or any print therefrom. If data are stored 
in a computer or similar device, any printout or other output readable by sight, shown to 
reflect the data accurately, is an "original."  
   
(4)  Duplicate. A "duplicate" is a counterpart produced by the same impression as the 
original, or from the same matrix, or by means of photography, including enlargements 
and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction 
or by other equivalent techniques which accurately reproduce the original.  
   
Rule 1002. Requirement of original. 
To prove the content of a writing, recording or photograph, the original writing, recording 
or photograph is required, except as otherwise provided in these Rules or by statute.  
   
Rule 1003. Admissibility of duplicates. 
A duplicate is admissible to the same extent as an original unless (1) a genuine question 
is raised as to the authenticity of the original, or (2) in the circumstances it would be 
unfair to admit the duplicate in lieu of the original.  
   
Rule 1004. Admissibility of other evidence of contents. 
The original is not required, and other evidence of the contents of a writing, recording or 
photograph is admissible if:  
   
(1)  Originals lost or destroyed. All originals are lost or have been destroyed, unless the 
proponent lost or destroyed them in bad faith; or  
   
(2)  Original not obtainable. No original can be obtained by any available judicial process 
or procedure; or  
   
(3)  Original in possession of opponent. At a time when an original was under the control 
of the party against whom offered, he was put on notice, by the pleading, or otherwise, 
that the contents would be a subject of proof at the hearing, and he does not produce the 
original at the hearing; or  
   
(4)  Collateral matters. The writing, recording or photograph is not closely related to a 
controlling issue.  
   
Rule 1005. Public records. 
The contents of an official record, or of a document authorized to be recorded or filed and 
actually recorded or filed, including data compilations in any form, if otherwise 
admissible, may be proved by copy, certified as correct in accordance with Rule 902 or 
testified to be correct by a witness who has compared it with the original. If a copy which 
complies with the foregoing cannot be obtained by the exercise of reasonable diligence, 
then other evidence of the contents may be given.  
   
Rule 1006. Summaries. 
The contents of voluminous writings, recordings or photographs which cannot 
conveniently be examined in court may be presented in the form of a chart, summary or 
calculation. The originals, or duplicates, shall be made available for examination or 
copying, or both, by other parties at reasonable time and place. The court may order that 
they be produced in court.  
   
Rule 1007. Testimony or written admission of party. 
Contents of writings, recordings or photographs may be proved by the testimony or 
deposition of the party against whom offered or by his written admission, without 
accounting for the nonproduction of the original.  
   
Rule 1008. Functions of court and jury. 
When the admissibility of other evidence of contents of writings, recordings or 
photographs under these rules depends upon the fulfillment of a condition of fact, the 
question whether the condition has been fulfilled is ordinarily for the court to determine 
in accordance with the provisions of Rule 104. However, when an issue is raised (1) 
whether the asserted writing ever existed, or (2) whether another writing, recording or 
photograph produced at the trial is the original, or (3) whether other evidence of contents 
correctly reflects the contents, the issue is for the trier of fact to determine as in the case 
of other issues of fact.  
   
Article XI. Miscellaneous Rules 
Rule 1101. Applicability of rules and definitions. 
(a)  Rules applicable. Except as otherwise provided in paragraphs (b) and (c) of this rule, 
these Rules apply to all actions and proceedings in all the courts of this State.  
   
(b)  Rules inapplicable. The rules other than those with respect to privileges do not apply 
in the following situations:  
   
(1)  Preliminary questions of fact. The determination of questions of fact preliminary to 
admissibility of evidence when the issue is to be determined by the court under Rule 
104(a).  
   
(2)  Grand jury. Proceedings before grand juries.  
   
(3)  Miscellaneous proceedings. Proceedings for extradition or rendition; detention 
hearing in criminal hearings, sentencing or granting or revoking probation; issuance of 
warrants for arrest, criminal summonses and search warrants; and proceedings with 
respect to release on bail or otherwise.  
   
(4)  Contempt proceedings. Contempt proceedings in which the court may act summarily.  
   
(c)  Preliminary hearings. In preliminary hearings in criminal cases the court is not bound 
by these Rules of Evidence except with respect to privileges.  
   
(d)  Definition. As used throughout these Rules, the term "writing" means information 
that is inscribed on a tangible medium or that is stored in an electronic or other medium 
and is retrievable in perceivable form.  
   
(Amended, effective Dec. 10, 2001.) 
Rule 1102. Title. 
These Rules shall be known as the Delaware Uniform Rules of Evidence and may be 
cited: D.R.E.  
   
Rule 1103. Effective date. 
These Rules shall take effect on July 1, 1980. These Rules apply to actions, cases and 
proceedings brought after the rules take effect. These Rules also apply to further 
procedure in actions, cases and proceedings then pending, except to the extent that 
application of these Rules would not be feasible, or would work injustice, in which event 
former evidentiary principles apply.  
   
Appendix 
Table of changes from federal rules of evidence. 
The following changes from the Federal Rules were adopted:  
   
Article I   
   
Rule 101 substitutes "this state" for "United States, etc."  
   
Rule 104(b) tracks U.R.E. 104(b) instead of F.R.E. 104(b) but adds the words "or in the 
Court's discretion".  
   
Article II   
   
Rule 201(g). The words "upon request" were added at the beginning of 201(g). The last 
sentence of F.R.E. 201(g) was deleted. This rule tracks U.R.E. 201(g) except that U.R.E. 
201(g) does not contain the words "upon request".  
   
Rule 202. This is an entirely new rule.  
   
Article III   
   
Rule 301(a) follows U.R.E. 301(a) instead of F.R.E. 301. The word "civil" was added to 
U.R.E. 301(a) in the first line of 301(a).  
   
Rule 301(b) tracks U.R.E. 301(b).  
   
Rule 302. Omitted.  
   
Rule 303. This rule is new.  
   
Rule 304. This rule is new.  
   
Article IV   
   
Rule 402 tracks U.R.E. 402.  
   
Rule 404(a)(2) adds the words "Except as otherwise provided by statute".  
   
Rule 405. References to opinion evidence were omitted.  
   
Rule 410. The words "with court permission" were added to the first sentence.  
   
Rule 412. Omitted.  
   
Article V   
   
This entire Article tracks (except as noted) U.R.E. Article V instead of F.R.E. Article V 
since F.R.E. contains only Rule 501.  
   
Rule 501 is a substantially revised version of U.R.E. 501.  
   
Rule 502(a)(4) omits the words "by the lawyer" as contained in U.R.E. 502(a)(4).  
   
Rule 502(a)(2) is omitted.  
   
Rule 502(b) deletes from U.R.E. 502(b) the words "party in the pending action and 
concerning".  
   
Rule 502(d)(6). Omitted.  
   
Rule 503(a)(1) added the words "for treatment or diagnosis" to U.R.E. 503(a)(1).  
   
Rule 503(d)(1). The word "physician" was added to U.R.E. 503(d)(1).  
   
Rule 503(d)(4) is new.  
   
Rules 504(b) and (c) were rewritten to make these Rules applicable to civil as well as 
criminal cases and to witnesses as well as parties.  
   
Rule 504(d) was rewritten to comply with Rule 504(b) and (c) and to exclude the 
husband-wife privilege being asserted in certain cases involving children.  
   
Rule 504(e) is new and does not appear in U.R.E. and F.R.E.  
   
Rule 505(c). The last sentence is based on draft of F.R.E. 506(c) instead of U.R.E. 
505(c).  
   
Rule 508(b) is new and does not appear in U.R.E. and F.R.E.  
   
Rule 509(c)(2). The words "have the right" were substituted for "be permitted" in the last 
line and the first sentence was substantially rewritten.  
   
Rule 513 is new.  
   
Article VI   
   
Rule 601 tracks U.R.E. 601 rather than F.R.E.  
   
Rule 608(a). The words "Except as provided in 11 Del.C. §§ 3508 and 3509" were added 
at the beginning of Rule 608(a) and references to opinion evidence were omitted.  
   
Rule 609(a) tracks U.R.E. 609(a) except the words "2 years" were substituted for "1 year" 
and the words "to a party or a witness" were deleted in 609(a)(1).  
   
Rule 609(c). The words "2 years" were substituted for "1 year" in 609(c)(1).  
   
Rule 612 tracks U.R.E. 612 rather than F.R.E.  
   
Rule 613(c) is new.  
   
Rule 615. The word "may" was substituted for "shall" in the first line.  
   
Article VII   
   
Rule 701 is a substantially revised version of F.R.E. 701.  
   
Rule 704. The word "merely" was added.  
   
Rule 705(a) is a substantially revised version of F.R.E. 705(a).  
   
Rule 705(b) is new.  
   
Rule 706 is omitted.  
   
Article VIII   
   
Rule 801(d)(1)(A). The words "and was given under oath subject to the perjury at a trial, 
hearing or other proceeding, or in a deposition" were deleted.  
   
Rule 801(d)(1)(C). The words "made after perceiving him" at the end of C were deleted.  
   
Rule 801(d)(2)(E). The last sentence was added.  
   
Rule 802 tracks U.R.E. 802 rather than F.R.E.  
   
Rule 803(5). Last sentence rewritten.  
   
Rule 803(8) tracks U.R.E. 803(8) rather than F.R.E.  
   
Rule 803(22) tracks F.R.E. 803(22); but changes "1 year" to "2 years".  
   
Rule 804(a)(5) tracks earlier draft of F.R.E. 804(a)(5).  
   
Rule 804(b)(2) tracks earlier draft of F.R.E. 804(b)(2).  
   
Rule 804(b)(5) is omitted.  
   
Article IX   
   
Rule 901(b)(10) tracks U.R.E. 901(b)(10) rather than F.R.E.  
   
Rule 902(4) tracks U.R.E. 902(4) and adds the words "of this rule".  
   
Rule 902(10) tracks U.R.E. 902(10).  
   
Article X   
   
Rule 1001(1). The word "sounds" added.  
   
Rule 1002 tracks U.R.E. 1002 rather than F.R.E.  
   
Article XI   
   
Rule 1101(a) and (b) tracks U.R.E. 1101(a) and (b) rather than F.R.E.  
   
Rule 1101(c). This rule is new.  
   
Rule 1102 tracks U.R.E. 1102 (and F.R.E. 1103).  
   
Rule 1103. This rule is new.