Rule 90.4.Electronic copy of audio record

Ch. XI: General Provisions · Last amended 2007 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 90.4 allows a party to obtain an electronic copy of the audio record on an Application and Affidavit of Proper Use, with a notarised promise not to misuse it and a motion required for any child interview.

Full Text of Rule 90.4

Text sizeJump to: (a) (b) (c)

(a) Any party to a proceeding, or the party’s authorized attorney, may obtain an electronic copy of the audio record of such proceeding upon the filing of an Application and Affidavit of Proper Use and upon payment of assessed costs, unless the audio record of such proceeding has been destroyed in accordance with the Court’s archiving and retention policy.

(b) The individual requesting the electronic copy must submit a notarized affidavit stating that the electronic copy of the audio record will not be copied, altered, transferred, or otherwise used in an inappropriate manner. Inappropriate use includes, but is not limited to, using the electronic copy on CD of the audio record for the purposes of harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, loss of employment, and/or commercial gain. Inappropriate use may implicate various criminal offenses.

(c) Requests for an electronic copy of any child interview shall be made by motion setting forth the reason for the request.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Adopted October 24, 2007.]

Plain-English Summary

Getting a copy. A party, or their authorised attorney, may obtain an electronic copy of the audio record of a proceeding on filing an Application and Affidavit of Proper Use and paying the assessed costs — unless the audio record has already been destroyed under the court's archiving and retention policy.

The promise. The person requesting the copy must submit a notarised affidavit stating that it will not be copied, altered, transferred or otherwise used inappropriately. The rule then says what that means, and the list is unusually candid: harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, causing loss of employment, or commercial gain. It adds that inappropriate use may implicate various criminal offences.

Those words describe things that have actually happened. An audio recording of a custody hearing is a family at its worst, in their own voices, and it travels farther and faster than a transcript ever could. The affidavit is the court's answer — the copy is released to a named person who has sworn what they will not do with it.

Child interviews. A request for an electronic copy of any child interview is made by motion setting forth the reason. No application over the counter: a judge decides, knowing why it is wanted.

Frequently Asked Questions

Can I get an audio recording of my Delaware Family Court hearing?

A party or the party's authorised attorney may obtain an electronic copy of the audio record on filing an Application and Affidavit of Proper Use and paying the assessed costs, unless the record has been destroyed under the court's archiving and retention policy.

What does the affidavit have to say?

It must be notarised and state that the electronic copy will not be copied, altered, transferred or otherwise used in an inappropriate manner.

What counts as inappropriate use?

The rule's examples include harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, loss of employment and commercial gain, and it warns that inappropriate use may implicate various criminal offences.

Can I get a recording of a child's interview?

Only by motion setting forth the reason for the request.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 90.4), 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: audio recording Delaware Family Courtaffidavit of proper use Delawarechild interview recording DelawareFam. Ct. Civ. R. 90.4