Del. R. Evid. 512

As amended through December 15, 2023
Rule 512 - Comment Upon or Inference from Claim of Privilege; Instruction
(a)Comment or inference not permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.
(b)Claiming privilege without knowledge of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.
(c)Jury instruction. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.

Del. R. Evid. 512

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

Comment

This rule tracks U.R.E. 512 which is based on the draft of F.R.E. 513. See comment to Rule 501.