Del. R. Evid. 104 (2026)

Rule 104(e) tracks F.R.E. 104(e).

3

See Rule 801(d)(2)(E) as to statements made by co-conspirators.

For prior Delaware cases illustrating the law covered by Rule 104(a), see Kelluem v. State, Del. Supr., 396 A.2d 166 (1978); State v. Brown, Del. Oyer & Term., 36 A. 458 (1896).

D.R.E. 104 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. The pre-2017 “Comment” to D.R.E. 104 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.