Del. R. Evid. 1005

As amended through June 13, 2024
Rule 1005 - Copies of Public Records to Prove Content

The proponent may use a copy to prove the content of an official record - or of a document that was recorded or filed in a public office as authorized by law - if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.

Del. R. Evid. 1005

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

Comment

This rule tracks F.R.E. 1005.

Sections 4305 [repealed], 4306 [repealed], 4307 [repealed], 4308 [repealed] and 4314 [repealed] of Title 10 should be repealed since the contents thereof are covered by the Evidence Rules.

See Rule 202 for judicial notice of law.

D.R.E. 1005 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.