# D.R.E. 103: Rule 103. Rulings on Evidence

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R103

## Section

- **Citation:** D.R.E. 103
- **Heading:** Rule 103. Rulings on Evidence
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Other Rules / Delaware Uniform Rules of Evidence / D.R.E. 103

## Text

(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.

## Nearby sections

- [D.R.E. 101 Rule 101. Scope; Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R101.md)
- [D.R.E. 102 Rule 102. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R102.md)
- [D.R.E. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R103.md)
- [D.R.E. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R104.md)
- [D.R.E. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R105.md)
- [D.R.E. 106 Rule 106. Remainder of or Related Writings or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R106.md)
- [D.R.E. 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R201.md)
- [D.R.E. 202 Rule 202. Judicial Notice of Law](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R202.md)
- [D.R.E. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R301.md)
- [D.R.E. 302 Rule 302. Applicability of State Law in Civil Actions and Proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R302.md)
- [D.R.E. 303 Rule 303. Effect of Presumptions in Criminal Cases](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R303.md)
- [D.R.E. 304 Rule 304. Res ipsa loquitur](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R304.md)
- [D.R.E. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R401.md)
- [D.R.E. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R402.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R103. Check the current official text before relying on it. Not legal advice.