# D.R.E. 105: Rule 105. Limiting Evidence That Is Not Admissible Against Other

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R105

## Section

- **Citation:** D.R.E. 105
- **Heading:** Rule 105. Limiting Evidence That Is Not Admissible Against Other
- **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. 105

## Text

Parties or for Other Purposes.
If the court admits evidence that is admissible against a party or for a
purpose — but not against another party or for another purpose — the court,
on timely request, must restrict the evidence to its proper scope and instruct
the jury accordingly.
Comment
This rule tracks F.R.E. 105. The present procedure in Delaware is for the court
to give a jury instruction when evidence is admitted for a limited purpose and
to again give a jury instruction when the jury is charged. The instruction is
given only upon request of a party, however. The Committee approved this
practice. A close relationship exists between this rule and Rule 403.
The Committee agreed that the rule should not be read to indicate that a
limiting instruction in every case will cure any potential prejudice that might
be encountered by the admission of the evidence. E.g., Bruton v. United
States, 389 U.S. 818, 88 S. Ct. 126, 19 L. Ed. 2d 70 (1967). Such a decision
is for the court to make under Rule 403 or applicable statutory or
constitutional provisions. But see Harrington v. California, 395 U.S. 250, 89
S. Ct. 1726, 23 L. Ed. 2d 284 (1969), holding that not all violations of Bruton
are reversible error. The Committee agreed that a violation of the rule of law
set forth in Bruton should be avoided if possible and the evidence should not
be admitted even though its admission might not be reversible error.

D.R.E. 105 was amended in 2017 in response to the 2011 restyling of the
Federal Rules of Evidence. The amendment is intended to be stylistic only.
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_R105. Check the current official text before relying on it. Not legal advice.