§ 4301. Liability of witnesses for failure to appear or testify.
If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully
authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending
refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the
aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action.
Code 1852, § 2338; Code 1915, § 4211; Code 1935, § 4686; 10 Del. C. 1953, § 4301; 70 Del. Laws, c. 186, § 1.;
§ 4302. Competency to testify.
No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand
the obligation of an oath. Such child's age and degree of understanding of the obligation of an oath may be considered by
the trier of fact in judging the child's credibility.
65 Del. Laws, c. 111, § 1.;
§§ 4303-4310. Testimony of convicted felon; testimony of husband or wife; acts of General Assembly as evidence; proof of Maryland
records; proof of ordinances and resolutions of Wilmington; official records and papers as evidence; business records as competent
evidence.
Repealed by 63 Del. Laws, c. 62, § 1, eff. June 30, 1981.
§ 4311. Delaware Uniform Interstate Depositions and Discovery Act.
(a) Short title. -- This section may be cited as the "Delaware Uniform Interstate Depositions and Discovery Act."
(b) Definitions. -- In this section:
(1) "Foreign jurisdiction" means a state other than Delaware.
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal
or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a
federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued under authority of court of record requiring a person to:
a. Attend and give testimony at a deposition;
b. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or
tangible things in the possession, custody, or control of the person; or
c. Permit inspection of premises under the control of the person.
(c) Issuance of a subpoena. --
(1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the Prothonotary in the
county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act
does not constitute an appearance in the courts of this State.
(2) When a party submits a foreign subpoena to a Prothonotary in this State, the Prothonotary, in accordance with the court's
procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(3) A subpoena issued under paragraph (c)(2) of this section must:
a. Incorporate the terms used in the foreign subpoena; and
b. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to
which the subpoena relates and of any party not represented by counsel.
(d) Service of subpoena. -- A subpoena issued by a Prothonotary under subsection (c) of this section must be served in compliance
with this title and applicable Superior Court Rules for service of subpoena.
(e) Deposition, production, and inspection. -- This title and applicable court rules of this State applicable to compliance
with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information,
or tangible things, or permit inspection of premises apply to subpoenas issued pursuant to subsection (c) of this section.
(f) Application to Court. -- An application to the Superior Court for a protective order or to enforce, quash, or modify
a subpoena issued by the Prothonotary under subsection (c) of this section must comply with the rules or statutes of this
State and be submitted to the Superior Court in the county in which discovery is to be conducted.
(g) Uniformity of application and construction. -- In applying and construing this uniform act, consideration must be given
to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(h) Application to pending actions. -- This section applies to requests for discovery in cases pending on the effective date
of this section [July 12, 2010].
(i) Effective date. -- This section takes effect upon enactment [July 12, 2010].
Code 1915, § 4238A; 30 Del. Laws, c. 230; 33 Del. Laws, c. 235; Code 1935, § 4707; 46 Del. Laws, c. 256; 47 Del. Laws, c. 117; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 374, § 1.;
§§ 4312-4316. Evidence of laws of other jurisdictions; judicial notice; judicial notice of common law and statutes of other
jurisdictions; Uniform Proof of Statutes Law; federal findings or reports on death, missing in action, or captured as evidence;
prohibition of examination of minister of religion.
Repealed by 63 Del. Laws, c. 62, § 1, eff. June 30, 1981.
§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.
No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured
person or on such person's behalf to others or to the estate or dependents of a deceased person, made under liability insurance
as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured
thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer's recognition
of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same
accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made
or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance
payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment
notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such
written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance
or partial payment until such written notice is actually given.
10 Del. C. 1953, § 4318; 57 Del. Laws, c. 442; 70 Del. Laws, c. 186, § 1.;
§ 4318. Compassionate communications.
(a) For purposes of this section:
(1) "Health care provider" means any person licensed or certified by the State of Delaware to deliver health care services,
including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse,
optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of
such person acting in the course and scope of employment or agency related to health care services.
(2) "Unanticipated outcome" means the result of a medical treatment or procedure that differs from an expected medical result.
(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health
care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence,
or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care,
that is made to the person, the person's family, or a friend of the person or of the person's family, with the exception of
the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.
§ 4301. Liability of witnesses for failure to appear or testify.
If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully
authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending
refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the
aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action.
Code 1852, § 2338; Code 1915, § 4211; Code 1935, § 4686; 10 Del. C. 1953, § 4301; 70 Del. Laws, c. 186, § 1.;
§ 4302. Competency to testify.
No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand
the obligation of an oath. Such child's age and degree of understanding of the obligation of an oath may be considered by
the trier of fact in judging the child's credibility.
65 Del. Laws, c. 111, § 1.;
§§ 4303-4310. Testimony of convicted felon; testimony of husband or wife; acts of General Assembly as evidence; proof of Maryland
records; proof of ordinances and resolutions of Wilmington; official records and papers as evidence; business records as competent
evidence.
Repealed by 63 Del. Laws, c. 62, § 1, eff. June 30, 1981.
§ 4311. Delaware Uniform Interstate Depositions and Discovery Act.
(a) Short title. -- This section may be cited as the "Delaware Uniform Interstate Depositions and Discovery Act."
(b) Definitions. -- In this section:
(1) "Foreign jurisdiction" means a state other than Delaware.
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal
or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a
federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued under authority of court of record requiring a person to:
a. Attend and give testimony at a deposition;
b. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or
tangible things in the possession, custody, or control of the person; or
c. Permit inspection of premises under the control of the person.
(c) Issuance of a subpoena. --
(1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the Prothonotary in the
county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act
does not constitute an appearance in the courts of this State.
(2) When a party submits a foreign subpoena to a Prothonotary in this State, the Prothonotary, in accordance with the court's
procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(3) A subpoena issued under paragraph (c)(2) of this section must:
a. Incorporate the terms used in the foreign subpoena; and
b. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to
which the subpoena relates and of any party not represented by counsel.
(d) Service of subpoena. -- A subpoena issued by a Prothonotary under subsection (c) of this section must be served in compliance
with this title and applicable Superior Court Rules for service of subpoena.
(e) Deposition, production, and inspection. -- This title and applicable court rules of this State applicable to compliance
with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information,
or tangible things, or permit inspection of premises apply to subpoenas issued pursuant to subsection (c) of this section.
(f) Application to Court. -- An application to the Superior Court for a protective order or to enforce, quash, or modify
a subpoena issued by the Prothonotary under subsection (c) of this section must comply with the rules or statutes of this
State and be submitted to the Superior Court in the county in which discovery is to be conducted.
(g) Uniformity of application and construction. -- In applying and construing this uniform act, consideration must be given
to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(h) Application to pending actions. -- This section applies to requests for discovery in cases pending on the effective date
of this section [July 12, 2010].
(i) Effective date. -- This section takes effect upon enactment [July 12, 2010].
Code 1915, § 4238A; 30 Del. Laws, c. 230; 33 Del. Laws, c. 235; Code 1935, § 4707; 46 Del. Laws, c. 256; 47 Del. Laws, c. 117; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 374, § 1.;
§§ 4312-4316. Evidence of laws of other jurisdictions; judicial notice; judicial notice of common law and statutes of other
jurisdictions; Uniform Proof of Statutes Law; federal findings or reports on death, missing in action, or captured as evidence;
prohibition of examination of minister of religion.
Repealed by 63 Del. Laws, c. 62, § 1, eff. June 30, 1981.
§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.
No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured
person or on such person's behalf to others or to the estate or dependents of a deceased person, made under liability insurance
as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured
thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer's recognition
of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same
accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made
or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance
payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment
notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such
written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance
or partial payment until such written notice is actually given.
10 Del. C. 1953, § 4318; 57 Del. Laws, c. 442; 70 Del. Laws, c. 186, § 1.;
§ 4318. Compassionate communications.
(a) For purposes of this section:
(1) "Health care provider" means any person licensed or certified by the State of Delaware to deliver health care services,
including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse,
optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of
such person acting in the course and scope of employment or agency related to health care services.
(2) "Unanticipated outcome" means the result of a medical treatment or procedure that differs from an expected medical result.
(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health
care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence,
or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care,
that is made to the person, the person's family, or a friend of the person or of the person's family, with the exception of
the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.
§ 4301. Liability of witnesses for failure to appear or testify.
If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully
authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending
refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the
aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action.
Code 1852, § 2338; Code 1915, § 4211; Code 1935, § 4686; 10 Del. C. 1953, § 4301; 70 Del. Laws, c. 186, § 1.;
§ 4302. Competency to testify.
No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand
the obligation of an oath. Such child's age and degree of understanding of the obligation of an oath may be considered by
the trier of fact in judging the child's credibility.
65 Del. Laws, c. 111, § 1.;
§§ 4303-4310. Testimony of convicted felon; testimony of husband or wife; acts of General Assembly as evidence; proof of Maryland
records; proof of ordinances and resolutions of Wilmington; official records and papers as evidence; business records as competent
evidence.
Repealed by 63 Del. Laws, c. 62, § 1, eff. June 30, 1981.
§ 4311. Delaware Uniform Interstate Depositions and Discovery Act.
(a) Short title. -- This section may be cited as the "Delaware Uniform Interstate Depositions and Discovery Act."
(b) Definitions. -- In this section:
(1) "Foreign jurisdiction" means a state other than Delaware.
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal
or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a
federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued under authority of court of record requiring a person to:
a. Attend and give testimony at a deposition;
b. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or
tangible things in the possession, custody, or control of the person; or
c. Permit inspection of premises under the control of the person.
(c) Issuance of a subpoena. --
(1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the Prothonotary in the
county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act
does not constitute an appearance in the courts of this State.
(2) When a party submits a foreign subpoena to a Prothonotary in this State, the Prothonotary, in accordance with the court's
procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(3) A subpoena issued under paragraph (c)(2) of this section must:
a. Incorporate the terms used in the foreign subpoena; and
b. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to
which the subpoena relates and of any party not represented by counsel.
(d) Service of subpoena. -- A subpoena issued by a Prothonotary under subsection (c) of this section must be served in compliance
with this title and applicable Superior Court Rules for service of subpoena.
(e) Deposition, production, and inspection. -- This title and applicable court rules of this State applicable to compliance
with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information,
or tangible things, or permit inspection of premises apply to subpoenas issued pursuant to subsection (c) of this section.
(f) Application to Court. -- An application to the Superior Court for a protective order or to enforce, quash, or modify
a subpoena issued by the Prothonotary under subsection (c) of this section must comply with the rules or statutes of this
State and be submitted to the Superior Court in the county in which discovery is to be conducted.
(g) Uniformity of application and construction. -- In applying and construing this uniform act, consideration must be given
to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(h) Application to pending actions. -- This section applies to requests for discovery in cases pending on the effective date
of this section [July 12, 2010].
(i) Effective date. -- This section takes effect upon enactment [July 12, 2010].
Code 1915, § 4238A; 30 Del. Laws, c. 230; 33 Del. Laws, c. 235; Code 1935, § 4707; 46 Del. Laws, c. 256; 47 Del. Laws, c. 117; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 374, § 1.;
§§ 4312-4316. Evidence of laws of other jurisdictions; judicial notice; judicial notice of common law and statutes of other
jurisdictions; Uniform Proof of Statutes Law; federal findings or reports on death, missing in action, or captured as evidence;
prohibition of examination of minister of religion.
Repealed by 63 Del. Laws, c. 62, § 1, eff. June 30, 1981.
§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.
No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured
person or on such person's behalf to others or to the estate or dependents of a deceased person, made under liability insurance
as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured
thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer's recognition
of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same
accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made
or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance
payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment
notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such
written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance
or partial payment until such written notice is actually given.
10 Del. C. 1953, § 4318; 57 Del. Laws, c. 442; 70 Del. Laws, c. 186, § 1.;
§ 4318. Compassionate communications.
(a) For purposes of this section:
(1) "Health care provider" means any person licensed or certified by the State of Delaware to deliver health care services,
including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse,
optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of
such person acting in the course and scope of employment or agency related to health care services.
(2) "Unanticipated outcome" means the result of a medical treatment or procedure that differs from an expected medical result.
(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health
care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence,
or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care,
that is made to the person, the person's family, or a friend of the person or of the person's family, with the exception of
the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.
