D.R.E. 105

History

Comment This rule tracks F.R.E. 105. The present procedure in Delaware is for the court to give a jury instruction when evidence is admitted for a limited purpose and to again give a jury instruction when the jury is charged. The instruction is given only upon request of a party, however. The Committee approved this practice. A close relationship exists between this rule and Rule 403. The Committee agreed that the rule should not be read to indicate that a limiting instruction in every case will cure any potential prejudice that might be encountered by the admission of the evidence. E.g., Bruton v. United States, 389 U.S. 818, 88 S. Ct. 126, 19 L. Ed. 2d 70 (1967). Such a decision is for the court to make under Rule 403 or applicable statutory or constitutional provisions. But see Harrington v. California, 395 U.S. 250, 89 S. Ct. 1726, 23 L. Ed. 2d 284 (1969), holding that not all violations of Bruton are reversible error. The Committee agreed that a violation of the rule of law set forth in Bruton should be avoided if possible and the evidence should not be admitted even though its admission might not be reversible error. D.R.E. 105 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.