CHAPTER 251 - WITNESSES AND EVIDENCE; EVIDENCE AS TO LAWS OF OTHER JURISDICTIONS

AN ACT AMENDING ARTICLE 3 OF CHAPTER 129 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO WITNESSES AND EVIDENCE.

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

Section 1. That Article 3 of Chapter 129 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing 4696. Sec. 11, and 4697. Sec. 12, thereof, and by inserting in lieu of said sections the following, to be known as 4696. Sec. 11, and 4697. Sec. 12:

4696. Sec. 11. Evidence as to Laws of Other Jurisdictions: --Any party may present to the trial court any admissible evidence of the common law and statutes of every State, territory and other jurisdiction of the United States, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.

4697. Sec. 12. Judicial Notice:--Every court of this State shall take judicial notice of the common law and statutes of every State, Territory and other jurisdiction of the United States.

The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.

The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.

The law of a jurisdiction other than those referred to in the foregoing paragraphs of this section, shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.

Approved April 18, 1945.