Del. R. Evid. 504 (2026)

Rule 504(e) generally tracks U.R.E. 504(d) except that “wrong” appears instead of “crime” and Rule 504(d)(5) excludes the privilege in proceedings under Title 9 and Chapter 9 of Title 10 of the Delaware Code.

For prior Delaware cases illustrating the law covered by this rule, see Mole v. State, Del. Supr., 396 A.2d 153 (1978); State v. Thompson, Del. Super., 136 A.2d 336 (1957); Duonnolo v. State, Del. Supr., 397 A.2d 126 (1978).

D.R.E. 504 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. 504 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.

Rule 505. Religious Privilege. (a) Definitions. As used in this rule: (1) “Cleric means” a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or a person that an individual who consulted that person for spiritual advice reasonably believed to be a cleric.

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(2) “Confidential communication” means a communication made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) General rule of privilege. An individual has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the individual and the cleric while the cleric is serving as the individual’s spiritual adviser. (c) Who may claim the privilege. The individual may claim the privilege on the individual’s own behalf. The cleric is presumed to have authority to claim the privilege on the individual’s behalf. If the individual is incompetent or deceased, then an authorized personal representative may claim the privilege on the individual’s behalf.

Comment This rule is based on U.R.E. 505 which was based on draft of F.R.E. 506. See comment to Rule 501.

Rule 505(a) and (b) generally tracks U.R.E. 505(a) and (b).