Del. R. Evid. 101

As amended through May 31, 2024
Rule 101 - Scope; Definitions
(a)Scope. These Rules apply to proceedings in the courts of this State. The specific courts and proceedings to which the Rules apply, along with exceptions, are set out in Rule 1101.
(b) Definitions. In these Rules:
(1) "civil case" means a civil action or proceeding;
(2) "criminal case" includes a criminal proceeding;
(3) "public office" includes a public agency;
(4) "record" includes a memorandum, report, or data compilation;
(5) a "rule prescribed by the Supreme Court" means a rule adopted by the Delaware Supreme Court under its constitutional or statutory authority; and
(6) a reference to any kind of written material or any other medium includes electronically stored information.

Del. R. Evid. 101

Amended November 28, 2017, effective 1/1/2018.


This rule largely follows F.R.E. 101, except that it refers to the courts of this State rather than the United States.

D.R.E. 101 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. The pre-2017 "Comment" to D.R.E. 101 was revised only as necessary to reflect the 2017 amendments and the current language of F.R.E. 101. There is no intent to change any result in ruling on evidence admissibility.