Del. R. Evid. 605 (2026)

Rule 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. 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).

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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.

Rule 606. Juror’s Competency as a Witness. (a) At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence. (b) During an Inquiry into the Validity of a Verdict or Indictment. (1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment. The court may not receive a juror’s affidavit or evidence of a juror’s statement on these matters. (2) Exceptions. A juror may testify about whether: (A) extraneous prejudicial information was improperly brought to the jury’s attention; (B) an outside influence was improperly brought to bear on any juror; or (C) a clerical mistake was made in entering the verdict on the verdict form. Comment

This rule tracks F.R.E. 606.