CHAPTER 233 - WITNESSES AND EVIDENCE EXAMINATION AND CROSS-EXAMINATION

AN ACT TO AMEND 4688, SECTION 3 OF CHAPTER 129 OF THE REVISED CODE OF DELAWARE OF 1935 AND PROVIDING FOR THE SCOPE OF EXAMINATION AND CROSS-EXAMINATION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 4688, Section 3 of Chapter 129 of the Revised Code of Delaware of 1935 be and it is hereby repealed and the following inserted in lieu thereof:

4688, Section 3. A party to the record in any action or judicial proceeding may interrogate any unwilling or hostile witness by leading questions. Such party may call an adverse party or person for whose immediate benefit any action or judicial proceeding is prosecuted or defended, or an officer, director or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also and may be cross-examined by the adverse party only upon the subject matter of his examination in chief.

Approved April 2, 1941.