Rules of Evidence are a set of evidence rules that authorize how to collect, present and apply evidence for each case. Delaware Uniform Rules of Evidence govern proceedings in the courts of Delaware. Delaware Uniform Rules of Evidence apply to all actions and proceedings in the courts of this state. However, the rules other than those with respect to privileges do not apply in the following situations:
- During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
- Proceedings before grand juries.
- Miscellaneous proceedings such as 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.
- Contempt proceedings in which the court may act summarily.
- In preliminary hearings in criminal cases the court is not bound by these Rules of Evidence except with respect to privileges.
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.
Table of Contents of Delaware Rules of Evidence.
ARTICLE I. GENERAL PROVISIONS 6
Rule 101. Scope
Rule 102. Purpose and construction
Rule 103. Rulings on evidence
Rule 104. Preliminary questions
Rule 105. Limited admissibility
Rule 106. Remainder of or related writings or recorded statements
ARTICLE II. JUDICIAL NOTICE 2
Rule 201. Judicial notice of adjudicative facts
Rule 202. Judicial notice of law
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 4
Rule 301. Presumptions in general in civil actions and proceedings
Rule 302. Applicability of state law in civil actions and proceedings
Rule 303. Effect of presumptions in criminal cases
Rule 304. Res ipsa loquitur
ARTICLE IV. RELEVANCY AND ITS LIMITS 15
Rule 401. Definition of “relevant evidence.”
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or waste of time
Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes
Rule 405. Methods of proving character
Rule 406. Habit; routine practice
Rule 407. Subsequent remedial measures
Rule 408. Compromise and offers to compromise
Rule 409. Payment of medical and similar expenses
Rule 410. Inadmissibility of pleas, offers of pleas and related statements
Rule 411. Liability insurance
Rule 412. Rape cases; relevance of victim’s past behavior
Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
Rule 414. Evidence of Similar Crimes in Child Molestation Cases
Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
ARTICLE V. PRIVILEGES 13
Rule 501. Privileges recognized only as provided
Rule 502. Lawyer-client privilege
Rule 503. Mental health provider, physician, and psychotherapist-patient privilege
Rule 504. Husband-wife privilege
Rule 505. Religious privilege
Rule 506. Political vote
Rule 507. Trade secrets
Rule 508. Secrets of State and other official information; governmental privileges
Rule 509. Identity of informer
Rule 510. Waiver of privilege by voluntary disclosure
Rule 511. Privileged matter disclosed under compulsion or without opportunity to claim privilege
Rule 512. Comment upon or inference from claim of privilege; instruction
Rule 513. Reporter’s privilege
ARTICLE VI. WITNESSES 16
Rule 601. General rule of competency
Rule 602. Lack of personal knowledge
Rule 603. Oath or affirmation
Rule 604. Interpreters
Rule 605. Competency of judge as witness
Rule 606. Competency of juror as witness
Rule 607. Who may impeach
Rule 608. Evidence of character and conduct of witness
Rule 609. Impeachment by evidence of conviction of crime
Rule 610. Religious beliefs or opinions
Rule 611. Mode and order of interrogation and presentation
Rule 612. Writing or object used to refresh memory
Rule 613. Prior statements of witnesses
Rule 614. Calling and interrogation of witnesses by court
Rule 615. Exclusion of witnesses
Rule 616. Bias of witness
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 6
Rule 701. Opinion testimony by lay witnesses
Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court-appointed experts
ARTICLE VIII. HEARSAY 7
Rule 801. Definitions
Rule 802. Hearsay rule
Rule 803. Hearsay exceptions; availability of declarant immaterial
Rule 804. Hearsay exceptions; declarant unavailable
Rule 805. Hearsay within hearsay
Rule 806. Attacking and supporting credibility of declarant
Rule 807. Residual exception
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 3
Rule 901. Requirement of authentication or identification
Rule 902. Self-authentication
Rule 903. Subscribing witness’ testimony unnecessary
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8
Rule 1001. Definitions
Rule 1002. Requirement of original
Rule 1003. Admissibility of duplicates
Rule 1004. Admissibility of other evidence of contents
Rule 1005. Public records
Rule 1006. Summaries
Rule 1007. Testimony or written admission of party
Rule 1008. Functions of court and jury
ARTICLE XI. MISCELLANEOUS RULES 3
Rule 1101. Applicability of rules and definitions
Rule 1102. Title
Rule 1103. Effective date
APPENDIX 1
Table of changes from federal rules of evidence
