Del. R. Evid. 1001

As amended through December 15, 2023

Rule 1001 - Definitions That Apply to This Article

In this article:

(a) A "writing" consists of letters, words, sounds , numbers, or their equivalent set down in any form.

(b) A "recording" consists of letters, words, sounds, numbers, or their equivalent recorded in any manner.

(c) A "photograph" means a photographic image or its equivalent stored in any form.

(d) An "original" of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, "original" means any printout - or other output readable by sight - if it accurately reflects the information. An "original" of a photograph includes the negative or a print from it.

(e) A "duplicate" means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

Del. R. Evid. 1001

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

Comment

This rule tracks F.R.E. 1001 except that in D.R.E. 1001(a) the word "sounds" was added as it was in U.R.E. 1001(5).

For prior Delaware cases illustrating the law covered by this D.R.E., see Ewart v. Morrell, Del. Super., 5 Del. 126 (1848); Heldmyer v. Cleaver, Del. Super., 104 A. 635 (1918); Bartholomew v. Edwards, Del. Super., 6 Del. 247 (1856); Jefferson v. Conoway, Del. Supr., 5 Del. 16 (1848).

D.R.E. 1001 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. 1001 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.