Del. R. Evid. 605

As amended through May 31, 2024

Rule 605 - Judge's Competency as a Witness

The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.

Del. R. Evid. 605

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

Comment

This rule tracks F.R.E. 605.

Article IV, §19 of the Delaware Constitution prohibits judges from charging juries with respect to matters of fact (commenting on the facts). Porter v. State, Del. Supr., 243 A.2d 699 (1968).

This rule modifies existing Delaware case law. See Delaware Lodge No. 1 v. Allmon, Del. Super., 39 A. 1098 (1897); State v. Brown, Del. Gen. Sess., 40 A. 938 (1898).

D.R.E. 605 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.