Del. R. Evid. 1101

As amended through December 15, 2023

Rule 1101 - Applicability of Rules and Definitions

(a)Rules applicable. Except as otherwise provided in paragraph (b) and (c) of this Rule, these Rules apply to all actions and proceedings in all the courts of this State.

(b)Rules inapplicable. The Rules except for those on privilege - do not apply to the following:

(1) the court's determination under Rule 104(a), on a preliminary question of fact governing admissibility;

(2) grand jury proceedings;

(3) in preliminary hearings in criminal cases; and

(4) miscellaneous proceedings such as:

. extradition or rendition;

. issuing an arrest warrant, criminal summons or search warrant;

. sentencing;

. granting or revoking probation;

. detention hearing in criminal hearings;

. considering whether to release on bail or otherwise; and

. contempt proceedings in which the court may act summarily.

(c) Definition. As used throughout these Rules, the term "writing" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Del. R. Evid. 1101

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

Comment

D.R.E. 1101 is applicable to all the courts of this State.

Prior D.R.E. 1101(c), now D.RE. 1101(b)(3), was added to make it clear that the procedures now being followed in preliminary hearings in criminal cases are not changed by these Rules. See Superior Court Criminal Rule 5.1 and Schramm v. State, Del. Supr., 366 A.2d 1185 (1976).

Prior D.RE. 1 101(d), now D.RE. 1101(c), which was added in 2001, includes a definition of "writing," which tracks the definition of "record" found in U.R.E. 101(3). The definition was added to this rule because the Delaware Uniform Rules of Evidencedo not contain a definitions rule similar to U.R.E. 101, and the Permanent Advisory Committee on the Delaware Uniform Rules of Evidence wanted to define the word "writing," as it is used throughout all of the rules, to accommodate modern technological innovations in communications and record keeping.

D.RE. 1101 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.RE. 1101 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.