Del. R. Evid. 405

As amended through December 15, 2023

Rule 405 - Methods of Proving Character

(a)By Reputation or Opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.

(b)By Specific Instances of Conduct. When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.

Del. R. Evid. 405

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

Comment

D.R.E. 405 tracks F.R.E. 405. The words "or by testimony in the form of an opinion" were originally omitted from D.R.E. 405(a) but were added in 2001 to conform D.R.E. 405(a) with existing Delaware practice.

For prior Delaware cases illustrating the law covered by D.R.E. 405(a), see Spain v. Rossiter, Del. Super., 120 A. 746 (1923) and State v. Naylor, Del. Super., 90 A. 880 (1914).

For prior Delaware case illustrating the law covered by D.R.E. 405(b), see Robinson v. Burton, Del. Super., 5 Del. 335 (1851).

D.R.E. 405 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.