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Rule 616 Bias of a Witness

OPINIONS AND EXPERT TESTIMONY

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A witness’s credibility may be attacked with evidence of the witness’s bias, prejudice or interest for or against any party to the case.

If someone testifies in a case, the other side can challenge whether that person is being truthful by showing they have a reason to favor one side. For example, a witness might be a close friend of the person they are testifying for, have a financial interest in the outcome, or hold a grudge against one of the parties.

This kind of challenge is called showing "bias." A biased witness is not automatically lying, but the jury gets to hear about the bias and decide how much weight to give that person's testimony. The goal is to give everyone a fair chance to question whether a witness has a personal reason to shade the truth.

Summary generated March 12, 2026

D.R.E. 616 tracks U.R.E. 616. D.R.E. 616 codifies the principle that the bias of a witness is subject to exploration at trial Weber v. State, Del. Supr., 457 A.2d 674 (1983). For a definition of bias, see United States v. Abel, 469 U.S. 45 (1984). For other Delaware cases illustrating how this rule should be applied, see Garden v.

Sutton, Del. Supr., 683 A.2d 1041 (1996) and Snowden v. State, Del. Supr., 672 A.2d 1017 (1996). A party who intends to introduce evidence pursuant to D.R.E. 616 should first seek a ruling from the trial judge as to the admissibility of the evidence. D.R.E. 616 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.

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Last updated: March 2026

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