Del. R. Evid. 1002

As amended through May 31, 2024

Rule 1002 - Requirement of Original

An original writing, recording, or photograph is required in order to prove its content unless these Rules or a statute provides otherwise.

Del. R. Evid. 1002

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

Comment

This rule tracks F.R.E. 1002 except that its reference to statutory law is broader and not limited to federal statutory law.

For prior Delaware cases illustrating the law covered by this rule, see State v. Bower, Del. Gen. Sess., 40 A. 939 (1898); Smith v. State, Del. Supr., 352 A.2d 765 (1976) (holding that the best evidence rule does not apply to evidence of the absence of a writing or its contents).

D.R.E. 1002 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. 1002 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.