US Laws, Codes, Statutes & Cases

§ 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Repealed by 63 Del.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. Taking deposition within State in connection with out-of-state proceedings.

(a) When a commission is issued by any court of the United States, or of any state, district or territory in the United States, or of any foreign country for the taking of testimony of witnesses at any place within this State before any commissioner, examiner or Master or where a notice has been given, or any other proceeding has been taken for the purpose of taking testimony, within this State, pursuant to the laws of the state, district, territory or country wherein the court is located, or pursuant to the laws of the United States, if it is a court of the United States, the Prothonotary of the Superior Court for any county, on the presentation of a verified petition of the party desiring to take such testimony or such party's attorney, setting forth such commission, notice or other proceeding, shall issue a subpoena or subpoenas duces tecum for such witness, commanding the witness to appear before the commissioner, examiner, or Master named in the commission, or before the officer designated in the commission, notice or other paper by his or her title of office, at a time and place stated in the subpoena. If any witness after being duly served with such subpoena and after being tendered the legal witness fees, including mileage, as provided for attendance before the Superior Court, refuses or neglects to appear or to produce the books and documents required by the subpoena, or after appearing refuses to testify, and such refusal or neglect is proven to the satisfaction of the Superior Court, such Court may proceed to enforce obedience to the process or punish the disobedience in the same manner as the Superior Court may proceed, in case of disobedience to process of subpoena issued by such Court, and in addition thereto the party in whose behalf such witness is summoned shall have all rights and actions against such witness as the aggrieved party now has, as provided in § 4301 of this title. No subpoena duces tecum shall be issued by the Prothonotary except upon an order of the Superior Court entered upon an application therefor to such Court, upon such notice to such witnesses as to the Court may seem proper.

(b) The term "witnesses" or "witness" as used in this section, includes a party to the record or, if the party is a corporation, the officers, directors and employees of such corporation. (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.)

§§ 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. (75 Del. Laws, c. 413, § 1.)