Del. R. Evid. 507 (2026)

Rule 507. Trade Secrets. (a) General rule of privilege. A person has a privilege to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person. (b) Who may claim the privilege. A person may assert the privilege on the person’s behalf. A person’s agent, or employee is presumed to have authority to assert the privilege on the person’s behalf. (c) Exception. A person may not assert the privilege if it would tend to conceal fraud or otherwise work injustice. If disclosure is directed the Court shall take such protective measures as the interests of the holder of the privilege, the interests of the parties and the interests of justice require. Comment This rule is based on U.R.E. 507 which is based on a draft of F.R.E. 508. See comment to Rule 501.

D.R.E. 507 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. 507 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.

Rule 508. Secrets of State and Other Official Information; Governmental Privileges. (a) Claim of privilege. If the law of the United States creates a governmental privilege that the courts of this State must recognize under the Constitution of the United States, the privilege may be claimed as provided by the law of the United States.

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(b) Recognition of privilege. A governmental privilege existing at common law, or created by the Constitution, statute or court rule of this State, shall be recognized. (c) Effect of sustaining claim. If a claim of governmental privilege is sustained and it appears that a party is thereby deprived of material evidence, the court shall make any further orders the interests of justice require, including striking the testimony of a witness, declaring a mistrial, finding upon an issue as to which the evidence is relevant or dismissing the action. Comment Rule 508(a) and (c) tracks U.R.E. 508 which is based on draft of F.R.E. 509. See comment to Rule 501.