Rule 103. Rulings on Evidence

(a) Preserving a Claim of Error. A party may claim error in a ruling to

admit or exclude evidence only if the error affects a substantial right of the

party and:

(1) if the ruling admits evidence, a party, on the record:

(A) timely objects or moves to strike; and

(B) states the specific ground, unless it was apparent from the context;

or

(2) if the ruling excludes evidence, a party informs the court of its

substance by an offer of proof, unless the substance was apparent from the

context.

(b) Not Needing to Renew an Objection or Offer of Proof. Once the court

rules definitively on the record — either before or at trial — a party need not

renew an objection or offer of proof to preserve a claim of error for appeal.

(c) Court’s Statement About the Ruling; Directing an Offer of Proof.

The court may make any statement about the character or form of the

evidence, the objection made, and the ruling. The court may direct that an

offer of proof be made in question and answer form.

(d) Preventing the Jury from Hearing Inadmissible Evidence. To the

extent practicable, the court must conduct a jury trial so that inadmissible

evidence is not suggested to the jury by any means.

(e) Taking Notice of Plain Error. A court may take notice of a plain error

affecting a substantial right, even if the claim of error was not properly

preserved.

Comment

D.R.E. 103 tracks F.R.E. 103.

D.R.E. 103 was amended in 2017 in response to the 2011 restyling of the

Federal Rules of Evidence. The amendment is intended to be stylistic only.

The pre-2017 “Comment” to D.R.E. 103 was revised only as necessary to

reflect the 2017 amendments. There is no intent to change any result in

ruling on evidence admissibility.