Del. R. Evid. 511 (2026)

Rule 511(2) should be interpreted as meaning that the disclosure was made without the party seeking the privilege having the opportunity to make a timely objection. An example of this is if the disclosure was blurted out by a witness during examination, or was made outside the presence of the privileged person. Failure to recognize the legal existence of the privilege is not deemed to be a lack of opportunity and therefore a failure to recognize and timely object may result in waiver of the privilege.