Delaware Mock Trial Rules

Key Differences from Federal Rules of Evidence

• Delaware's Court of Chancery is a non-jury equity court with significant business litigation jurisdiction, applying its own procedural rules
• D.R.E. 702 follows a modified Daubert standard that incorporates elements of the state's prior reliability test
• Delaware Rule 408 is broader than FRE 408, excluding compromise evidence even when offered to prove witness bias

Notable Rules

Key Features

• The Court of Chancery handles equity matters including corporate disputes without jury trials, making Delaware the premier corporate litigation forum
• Delaware Superior Court uses a case-management system with mandatory early mediation in civil cases
• Complex Commercial Litigation Division in Superior Court handles business disputes exceeding $1 million

• Civil and criminal juries consist of 12 jurors in Superior Court
• Court of Chancery proceedings have no jury (equity jurisdiction)
• Parties in civil cases may stipulate to fewer than 12 jurors