Del. R. Evid. 402

As amended through May 31, 2024
Rule 402 - General Admissibility of Relevant Evidence

Relevant evidence is admissible unless any of the following provides otherwise:

· a statute ;

· these Rules; or

· other rules applicable in the Courts of this State.

Irrelevant evidence is not admissible.

Del. R. Evid. 402

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


This rule generally tracks F.R.E. 402. The Committee did not believe it was necessary to include a reference to the United States or Delaware Constitutions since evidence not admissible because of some constitutional defect is obviously inadmissible.

D.R.E. 402 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. 402 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.