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Delaware Rules of Evidence – 2026

The Delaware Rules of Evidence govern what information may be presented in Delaware courts. Modeled on the Federal Rules of Evidence, they establish standards for the admissibility of testimony, documents, and other evidence in civil and criminal proceedings.

Browse all 82 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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Article I: General Provisions Article II: Judicial Notice Article III: Presumptions in Civil Cases Article IV: Relevancy and Its Limits Article V: Privileges Article VI: Witnesses Article VII: Opinions and Expert Testimony Article VIII: Hearsay Article IX: Authentication and Identification Article X: Contents of Writings, Recordings, and Photographs Article XI: Miscellaneous Rules

Article I: General Provisions

Rule 101 Scope; Definitions Rule 102 Purpose and Construction Rule 103 Rulings on Evidence Rule 104 Preliminary Questions Rule 105 Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes Rule 106 Remainder of or Related Writings or Recorded Statements

Article II: Judicial Notice

Rule 201 Judicial Notice of Adjudicative Facts Rule 202 Judicial Notice of Law

Article III: Presumptions in Civil Cases

Rule 301 Presumptions in Civil Cases Generally 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

Rule 401 Test for Relevant Evidence Rule 402 General Admissibility of Relevant Evidence Rule 403 Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons Rule 404 Character Evidence; Crimes or Other Acts Rule 405 Methods of Proving Character Rule 406 Habit; Routine Practice Rule 407 Subsequent Remedial Measures Rule 408 Compromise Offers and Negotiations Rule 409 Offers to Pay Medical and Similar Expenses Rule 410 Pleas, Plea Discussions, and Related Statements Rule 411 Liability Insurance 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 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 Rule 502 Lawyer-Client Privilege Rule 503 Mental Health Provider, Physician, and Psychotherapist-Patient 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 or work product; limitations on waiver 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

Rule 601 Competency to Testify in General Rule 602 Need for Personal Knowledge Rule 603 Oath or Affirmation to Testify Truthfully Rule 604 Interpreter Rule 605 Judge’s Competency as a Witness Rule 606 Juror’s Competency as a Witness Rule 607 Who May Impeach a Witness Rule 608 A Witness’s Character for Truthfulness or Untruthfulness Rule 609 Impeachment by Evidence of a Criminal Conviction Rule 610 Religious Beliefs or Opinions Rule 611 Mode and Order of Examining Witnesses and Presenting Evidence Rule 612 Writing or Object Used To Refresh a Witness’s Memory Rule 613 Witness’s Prior Statement Rule 614 Court’s Calling or Examining a Witness Rule 615 Excluding Witnesses Rule 616 Bias of a Witness

Article VII: Opinions and Expert Testimony

Rule 701 Opinion Testimony by Lay Witnesses Rule 702 Testimony by Expert Witnesses Rule 703 Bases of an Expert’s Opinion Testimony Rule 704 Opinion on Ultimate Issue Rule 705 Disclosing the Facts or Data Underlying an Expert’s Opinion Rule 706 Court-Appointed Expert Witnesses

Article VIII: Hearsay

Rule 801 Definitions That Apply to This Article; Exclusions from Hearsay Rule 802 The Rule Against Hearsay Rule 803 Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant Is Available as a Witness Rule 804 Exceptions to the Rule Against Hearsay- When the Declarant is Unavailable as a Witness Rule 805 Hearsay Within Hearsay Rule 806 Attacking and Supporting the Declarant’s Credibility Rule 807 Residual Exception

Article IX: Authentication and Identification

Rule 901 Authenticating or Identifying Evidence Rule 902 Evidence That Is Self-Authenticating Rule 903 Subscribing Witness’s Testimony

Article X: Contents of Writings, Recordings, and Photographs

Rule 1001 Definitions That Apply to This Article Rule 1002 Requirement of Original Rule 1003 Admissibility of Duplicates Rule 1004 Admissibility of Other Evidence of Content Rule 1005 Copies of Public Records to Prove Content Rule 1006 Summaries to Prove Content Rule 1007 Testimony or Statement of a Party to Prove Content Rule 1008 Functions of Court and Jury

Article XI: Miscellaneous Rules

Rule 1101 Applicability of Rules and Definitions Rule 1102 Title Rule 1103 Effective Date