§ TABLE OF CHANGES FROM FEDERAL RULES OF EVIDENCE
TABLE OF CHANGES FROM FEDERAL RULES OF EVIDENCE
The following changes from the Federal Rules were adopted:
ARTICLE I
Rule 101 substitutes “this state” for “United States, etc.”.
Rule 104(b) tracks U.R.E. 104(b) instead of F.R.E. 104(b) but adds the words “or in the Court's discretion”.
ARTICLE II
Rule 201(g). The words “upon request” were added at the beginning of 201(g). The last sentence of F.R.E. 201(g) was deleted. This rule tracks U.R.E. 201(g) except that U.R.E. 201(g) does not contain the words “upon request”.
Rule 202. This is an entirely new rule.
ARTICLE III
Rule 301(a) follows U.R.E. 301(a) instead of F.R.E. 301. The word “civil” was added to U.R.E. 301(a) in the first line of 301(a).
Rule 301(b) tracks U.R.E. 301(b).
Rule 302. Omitted.
Rule 303. This rule is new.
Rule 304. This rule is new.
ARTICLE IV
Rule 402 tracks U.R.E. 402.
Rule 404(a)(2) adds the words “Except as otherwise provided by statute”.
Rule 405. References to opinion evidence were omitted.
Rule 410. The words “with court permission” were added to the first sentence.
Rule 412. Omitted.
ARTICLE V
This entire Article tracks (except as noted) U.R.E. Article V instead of F.R.E. Article V since F.R.E. contains only Rule 501.
Rule 501 is a substantially revised version of U.R.E. 501.
Rule 502(a)(4) omits the words “by the lawyer” as contained in U.R.E. 502(a)(4).
Rule 502(a)(2) is omitted.
Rule 502(b) deletes from U.R.E. 502(b) the words “party in the pending action and concerning”.
Rule 502(d)(6). Omitted.
Rule 503(a)(1) added the words “for treatment or diagnosis” to U.R.E. 503(a)(1).
Rule 503(d)(1). The word “physician” was added to U.R.E. 503(d)(1).
Rule 503(d)(4) is new.
Rules 504(b) and (c) were rewritten to make these Rules applicable to civil as well as criminal cases and to witnesses as well as parties.
Rule 504(d) was rewritten to comply with Rule 504(b) and (c) and to exclude the husband-wife privilege being asserted in certain cases involving children.
Rule 504(e) is new and does not appear in U.R.E. and F.R.E.
Rule 505(c). The last sentence is based on draft of F.R.E. 506(c) instead of U.R.E. 505(c).
Rule 508(b) is new and does not appear in U.R.E. and F.R.E.
Rule 509(c)(2). The words “have the right” were substituted for “be permitted” in the last line and the first sentence was substantially rewritten.
Rule 513 is new.
ARTICLE VI
Rule 601 tracks U.R.E. 601 rather than F.R.E.
Rule 608(a). The words “Except as provided in 11 Del.C. §§ 3508 and 3509” were added at the beginning of Rule 608(a) and references to opinion evidence were omitted.
Rule 609(a) tracks U.R.E. 609(a) except the words “2 years” were substituted for “1 year” and the words “to a party or a witness” were deleted in 609(a)(1).
Rule 609(c). The words “2 years” were substituted for “1 year” in 609(c)(1).
Rule 612 tracks U.R.E. 612 rather than F.R.E.
Rule 613(c) is new.
Rule 615. The word “may” was substituted for “shall” in the first line.
ARTICLE VII
Rule 701 is a substantially revised version of F.R.E. 701.
Rule 704. The word “merely” was added.
Rule 705(a) is a substantially revised version of F.R.E. 705(a).
Rule 705(b) is new.
Rule 706 is omitted.
ARTICLE VIII
Rule 801(d)(1)(A). The words “and was given under oath subject to the perjury at a trial, hearing or other proceeding, or in a deposition” were deleted.
Rule 801(d)(1)(C). The words “made after perceiving him” at the end of C were deleted.
Rule 801(d)(2)(E). The last sentence was added.
Rule 802 tracks U.R.E. 802 rather than F.R.E.
Rule 803(5). Last sentence rewritten.
Rule 803(8) tracks U.R.E. 803(8) rather than F.R.E.
Rule 803(22) tracks F.R.E. 803(22); but changes “1 year” to “2 years”.
Rule 804(a)(5) tracks earlier draft of F.R.E. 804(a)(5).
Rule 804(b)(2) tracks earlier draft of F.R.E. 804(b)(2).
Rule 804(b)(5) is omitted.
ARTICLE IX
Rule 901(b)(10) tracks U.R.E. 901(b)(10) rather than F.R.E.
Rule 902(4) tracks U.R.E. 902(4) and adds the words “of this rule”.
Rule 902(10) tracks U.R.E. 902(10).
ARTICLE X
Rule 1001(1). The word “sounds” added.
Rule 1002 tracks U.R.E. 1002 rather than F.R.E.
ARTICLE XI
Rule 1101(a) and (b) tracks U.R.E. 1101(a) and (b) rather than F.R.E.
Rule 1101(c). This rule is new.
Rule 1102 tracks U.R.E. 1102 (and F.R.E. 1103).
Rule 1103. This rule is new.