DE · rules
D.R.E. 1004
Admissibility of Other Evidence of Content
An original is not required and other evidence of the content of a writing,
recording, or photograph is admissible if:
(a) all the originals are lost or destroyed, and not by the proponent acting in
bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) the party against whom the original would be offered had control of the
original; was at that time put on notice, by pleadings or otherwise, that the
original would be a subject of proof at the trial or hearing; and fails to
produce it at the trial or hearing; or
(d) the writing, recording, or photograph is not closely related to a
controlling issue.
History
Comment This rule tracks F.R.E. 1004. D.R.E. 1004 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.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
c3fd5069511984f524a35f9a458003f67b4b218c438a52b8ce136935dcd8c194
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.