Del. R. Evid. 1004

As amended through June 13, 2024
Rule 1004 - Admissibility of Other Evidence of Content

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d) the writing, recording or photograph is not closely related to a controlling issue.

Del. R. Evid. 1004

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

Comment

This rule tracks F.R.E. 1004.

D.R.E. 1004 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.