Delaware Code

10 Del. C. § 4302 (2026)

Competency to testify

✓ current as of May 2026

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No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand the obligation of an oath. Such child’s age and degree of understanding of the obligation of an oath may be considered by the trier of fact in judging the child’s credibility.

65 Del. Laws, c. 111, § 1;

Notes of Decisions

Cited in 7 cases, 1966–1974 · leading case: Melson v. Michlin, 223 A.2d 338 (Del. 1966).

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Melson v. Michlin, 223 A.2d 338 (Del. 1966). · cites it 3× “The so-called Deadman's Statute, 10 Del.C. § 4302 [4] , may constitute an evidentiary problem for Melson at trial if it is invoked by the plaintiff.”

State High. Dep't v. Buzzuto, 264 A.2d 347 (Del. 1970). “The objection is that the testimony was hearsay and was a violation of the so-called Dead Man’s Statute, 10 Del.C. § 4302. It is obvious, we think, that the testimony in question was not hearsay.”

Bothe v. Dennie, 324 A.2d 784 (Del. Super. Ct. 1974). “Defendant contends that plaintiff is barred by 10 Del.C. § 4302 from testifying to the transaction with deceased.”

DeJoseph v. Faraone, 254 A.2d 257 (Del. Super. Ct. 1969). “Plaintiff also suggests that placing the burden of proof upon him on the question of guest status coupled with the Deadman’s Statute, 10 Del.C. § 4302, would unconstitutionally deprive him of a cause of action.”

Connor v. Lyness, 284 A.2d 473 (Del. 1971). · cites it 2× “HERRMANN, Justice: The determinative question on this appeal is whether 10 Del.C. § 4302, the so-called Dead Man Statute, 1 is applicable in an automobile negligence case in which the plaintiff is the surviving driver of the two-vehicle accident and the other driver was deceased…”

Kimmel v. Wilmington Trust Co., 287 A.2d 760 (Del. Ch. 1972). · cites it 2× “I must first consider the relevancy of the Dead Man Statute, 10 Del.C. § 4302. 1 Plaintiffs argue that the Statute bars consideration of an affidavit filed by Joseph Moran, a Trust Company Vice President, and of the collateral notes themselves.”

Whitman v. Hassler, 271 A.2d 31 (Del. 1970). · cites it 7× “At a conference held prior to a scheduled trial, the trial judge concluded that the terms of 10 Del.C. § 4302 precluded the introduction not only of testimony concerning conversations and/or transactions between plaintiffs and the decedent, including Mrs.”

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