Rule 44.2 – Reports or Other Information; Availability; Restrictions on Use; Hearings

May 15, 2021 | Delaware, Family Law

(a) Availability of reports. The Court shall make known to all parties or their attorneys the existence of any reports or other information not offered by the parties which it intends to consider in reaching a decision and an opportunity to examine the same. If there is no objection or if any objection is overruled, the reports and/or other information shall be admitted into evidence, subject to subparagraph (b).

(b) Restrictions on use. The Court may provide any of the parties or their attorneys with copies of such reports or the substance thereof, subject in all cases to such restrictions as the Court may deem proper. Where appropriate the Court may order (1) nondisclosure of such reports or portions thereof to the parties, their attorneys, or other persons, (2) that no copies be made of such reports, or (3) that copies be returned to the Court at a designated time.

(c) Further hearing on report. If any affected party objects to the facts contained in any such report, in whole or in part, and if it appears that the objection is made in good faith and that the portion of the report objected to is of sufficient importance to influence the Court’s judgment, the Court shall afford the objecting party an opportunity to present evidence refuting the report or that portion thereof to which objection is made.

Del. Fam. Ct. R. Civ. P. 44.2