Rule 601: Competency to Testify in General | DE Evidence

Every person is competent to be a witness unless these rules provide otherwise.

Anyone can testify as a witness in a Delaware court. There is no automatic rule that blocks someone from taking the stand just because of their age, mental condition, or background.

The only exceptions come from other specific rules in Delaware's evidence code. If another rule says a certain person cannot testify in a certain situation, that rule would apply. But the starting point is that everyone is allowed to testify.

Summary generated March 12, 2026

The rule tracks U.R.E. 601 and the first sentence of F.R.E. 601. The remainder of F.R.E. 601 was deemed to be inapplicable to a state. This rule is the same as the first sentence of F.R.E. 601. This rule supersedes the Delaware Dead Man’s Statute, 10 Del. C. § 4302, which should now be repealed. See Rule 104(a) as to preliminary questions as to qualification of witness. This rule modifies existing Delaware case law. See State v. Timmons, Del. Gen. Sess., 2 Del. 528 (1833). For prior Delaware cases illustrating the law covered by this rule, see Connor v. Lyness, Del. Supr., 284 A.2d 473 (1971); Armstrong v. Timmons, Del. Super., 3 Del. 342 (1841). D.R.E. 601 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.

Rule 601 Competency to Testify in General