DE · rules
D.R.E. 1005
Copies of Public Records to Prove Content
The proponent may use a copy to prove the content of an official record —
or of a document that was recorded or filed in a public office as authorized
by law — if these conditions are met: the record or document is otherwise
admissible; and the copy is certified as correct in accordance with Rule
902(4) or is testified to be correct by a witness who has compared it with the
original. If no such copy can be obtained by reasonable diligence, then the
proponent may use other evidence to prove the content.
History
Comment This rule tracks F.R.E. 1005. Sections 4305 [repealed], 4306 [repealed], 4307 [repealed], 4308 [repealed] and 4314 [repealed] of Title 10 should be repealed since the contents thereof are covered by the Evidence Rules. See Rule 202 for judicial notice of law. D.R.E. 1005 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
b451e71879b8c796933c79d05d54365c4a22dcb3787b00af0a804339f79c4022
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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.