DE · rules
D.R.E. 605
Judge’s Competency as a Witness
The presiding judge may not testify as a witness at the trial. A party need not
object to preserve the issue.
History
Comment This rule tracks F.R.E. 605. Article IV, § 19 of the Delaware Constitution prohibits judges from charging juries with respect to matters of fact (commenting on the facts). Porter v. State, Del. Supr., 243 A.2d 699 (1968). This rule modifies existing Delaware case law. See Delaware Lodge No. 1 v. Allmon, Del. Super., 39 A. 1098 (1897); State v. Brown, Del. Gen. Sess., 40 A. 938 (1898). D.R.E. 605 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
a2051fadc55c9eca78545a91b06fc857835c57c0fcd79bf5bfdada25e7d40718
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