Del. Ch. Ct. R. 43

(a) Form and Admissibility. In all trials the testimony

of witnesses shall be taken orally in open court, unless

otherwise provided by these Rules, by statute or by order

for cause. All evidence shall be admitted which is

admissible under statute or under the rules of evidence

applied in the courts of the State of Delaware. In any case,

the evidence shall be presented according to the most

convenient method prescribed in any of the statutes or

rules to which reference is herein made. The competency of

a witness to testify shall be determined in like manner.

(b) Scope of Examination and Cross-Examination.

A party to the record in any action or judicial proceeding

may interrogate any unwilling or hostile witness by

leading questions. Such party may call an adverse party or

person for whose immediate benefit any action or judicial

proceeding is prosecuted or defended, or an officer, director

or managing agent of a public or private corporation or of a

partnership or association which is an adverse party, and

interrogate the witness thus called by leading questions

and contradict and impeach the witness in all respects as

if the witness had been called by the adverse party and the

witness may be contradicted and impeached by or on behalf

of the adverse party also and may be cross-examined by the

adverse party only upon the subject matter of the witness’

examination in chief.

(c) Record of Excluded Evidence. If an objection to a

question propounded to a witness is sustained by the

Court, the examining attorney may make a specific offer of

what the examining attorney expects to prove by the

answer of the witness. The Court may add such other or

further statement as clearly shows the character of the

evidence, the form in which it was offered, the objection

made, and the ruling thereon. The Court upon request

shall take and report the evidence in full, unless it clearly

appears that the evidence is not admissible on any ground

or that the witness is privileged.

(d) Affirmation; When; Form. A person

conscientiously scrupulous of taking an oath may be

permitted, instead of swearing, solemnly, sincerely and

truly to declare and affirm to the truth of the matters to be

testified.

(e) Evidence on Motions. When a motion is based on

facts not appearing of record the Court may hear the

matter on affidavits presented by the respective parties,

but the Court may direct that the matter be heard wholly

or partly on oral testimony or depositions.