Rule 44.2.Reports or other information; availability; restrictions on use; hearings
Ch. VI: Trials · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 44.2 requires the court to disclose reports it holds that no party offered, lets it share them subject to conditions, and provides a further hearing where a party disputes the facts in one.
(a)Availability of Reports. The Court shall make known to all parties or their attorneys the existence of any reports or other information not offered by the parties which it intends to consider in reaching a decision and an opportunity to examine the same. If there is no objection or if any objection is overruled, the reports and/or other information shall be admitted into evidence, subject to subparagraph (b).
(b)Restrictions on Use. The Court may provide any of the parties or their attorneys with copies of such reports or the substance thereof, subject in all cases to such restrictions as the Court may deem proper. Where appropriate the Court may order (1) nondisclosure of such reports or portions thereof to the parties, their attorneys, or other persons, (2) that no copies be made of such reports, or (3) that copies be returned to the Court at a designated time.
(c)Further Hearing on Report. If any affected party objects to the facts contained in any such report, in whole or in part, and if it appears that the objection is made in good faith and that the portion of the report objected to is of sufficient importance to influence the Court's judgment, the Court shall afford the objecting party an opportunity to present evidence refuting the report or that portion thereof to which objection is made.
End
Plain-English Summary
A rule peculiar to this kind of court, and an important one. The Family Court routinely receives material nobody put in evidence — investigations, evaluations, agency reports — and this rule governs what happens to it.
Disclosure. The court shall make known to all parties or their attorneys the existence of any reports or other information not offered by a party. The obligation is on the court, and it is unconditional: the parties are told the material exists.
Access. The court may provide the parties or their attorneys with copies of such reports, or the substance of them, subject in all cases to the restrictions the rule imposes. Disclosure of existence is mandatory; disclosure of contents is managed.
Challenge. If an affected party objects to the facts in such a report, in whole or in part, and it appears the objection has substance, the rule provides for a further hearing. A report the court relies on can be tested, which is what keeps it from being evidence that nobody may cross-examine.
Frequently Asked Questions
Will I be told about reports the court has that I did not see?
Yes. The court shall make known to all parties or their attorneys the existence of any reports or other information not offered by a party.
Can I get a copy?
The court may provide the parties or their attorneys with copies or the substance of such reports, subject in all cases to the restrictions the rule imposes.
What if I disagree with what a report says?
If an affected party objects to the facts in the report and it appears the objection has substance, the rule provides for a further hearing.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 44.2), 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:court reports Delaware Family Courtcustody evaluation objection DelawareFam. Ct. Civ. R. 44.2