Ch. VI: Trials · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 43 requires live testimony in open court, allows hostile witnesses to be led, preserves excluded evidence for appeal, and provides for affirmations and interpreters.
(a)Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these Rules, by statute or by order for cause. All evidence shall be admitted which is admissible under statute or under the rules of evidence applied in the courts of the State of Delaware. In any case, the evidence shall be presented according to the most convenient method prescribed in any of the statutes or rules to which reference is herein made. The competency of a witness to testify shall be determined in like manner.
(b)Scope of Examination and Cross-Examination. A party to the record in any action or judicial proceeding may interrogate any unwilling or hostile witness by leading questions. Such party may call an adverse party or person for whose immediate benefit any action or judicial proceeding is prosecuted or defended, or an officer, director or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate that person by leading questions and contradict and impeach that person in all respects as though called by the adverse party and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also and may be cross-examined by the adverse party only upon the subject matter of the examination in chief.
(c)Record of Excluded Evidence. If an objection to a question propounded to a witness is sustained by the Court, the examining attorney may make a specific offer of proof. The Court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The Court upon request shall take and report the evidence in full, unless it clearly appears that the evidence is not admissible on any ground or that the witness is privileged.
(d)Affirmation; When; Form. A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the trust of the matters to be testified.
(e)Evidence on Motions. When a motion is based on facts not appearing of record the Court may hear the matter on affidavits presented by the respective parties, but the Court may direct that the matter be heard wholly or partly on oral testimony or depositions.
(f)Interpreters. The Court may appoint an interpreter of its own selection and may fix reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the Court may direct, and may be taxed ultimately as costs, in the discretion of the Court.
End
Plain-English Summary
Live testimony. In all trials the testimony of witnesses is taken orally in open court, unless these rules, a statute or another provision allows otherwise.
Hostile witnesses. A party of record may interrogate any unwilling or hostile witness by leading questions, on the terms the rule sets. The concession recognises reality: a witness who does not want to help you cannot be examined as though they did.
Preserving what was excluded. If an objection to a question is sustained, the examining attorney may make a specific offer of what they expected to prove. Without that, an appellate court reading the transcript sees only a question and a ruling, and has no way to know whether the answer mattered.
Affirmation. A person conscientiously scrupulous of taking an oath may instead solemnly, sincerely and truly affirm.
Motions on facts outside the record. The court may hear the matter on affidavits presented by the parties, or may direct that it be heard wholly or partly on oral testimony or deposition.
Interpreters. The court may appoint an interpreter of its own selection and fix reasonable compensation, payable out of the funds the rule identifies.
Frequently Asked Questions
Does testimony have to be given in person in the Delaware Family Court?
In all trials the testimony of witnesses is taken orally in open court, unless these rules, a statute or another provision allows otherwise.
Can I ask leading questions of a hostile witness?
Yes. A party to the record may interrogate any unwilling or hostile witness by leading questions.
What do I do if the judge excludes my evidence?
Make a specific offer of what you expected to prove, so the record shows what the excluded evidence would have been.
Can I affirm instead of swearing an oath?
Yes. A person conscientiously scrupulous of taking an oath may be permitted to affirm instead.
Will the court provide an interpreter?
The court may appoint an interpreter of its own selection and fix reasonable compensation, paid out of the funds the rule identifies.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 43), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:Delaware Family Court evidence rulehostile witness leading questions Delawareoffer of proof Delawareinterpreter Delaware Family Court