Rule 90.4 – Electronic copy of audio record

May 15, 2021 | Delaware, Family Law

(a) Any party to any proceeding, or the party’s authorized attorney may obtain an electronic copy of the audio record of such proceeding upon the filing of an Application and Affidavit of Proper Use and upon payment of assessed costs, unless the audio record of such proceeding has been destroyed in accordance with the Court’s archiving and retention policy.

(b) The individual requesting the electronic copy must submit a notarized affidavit stating that the electronic copy will not be copied, altered, transferred or otherwise used in an inappropriate manner. Inappropriate use includes, but is not limited to, using the electronic copy on CD of the audio record for purposes of harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, loss of employment and/or commercial gain. Inappropriate use may implicate certain criminal offenses.

(c) Requests for an electronic copy of any child interview shall be made by motion setting forth the reason for the request.

Del. Fam. Ct. R. Civ. P. 90.4

Adopted August 8, 2007, eff. ________, 2007.