The county seat is Wilmington and the county was created August 8, Wilmington, DE Clerk of Peace has marriage records from . Delaware, United States Marriages at FindMyPast — index $; Download an.
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Records Of Regularly Conducted Activity. A memorandum, report, record or data compilation, in any form, of acts, events, conditions, opinions or diagnoses made at or near the time by, from information transmitted by a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification authorized by and according to statute or rule, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
The rationale for the business records exception to the hearsay rule is that such documents are likely to be trustworthy because a business regularly maintains and relies on them. There are four requirements to admissibility of this evidence: i the record must be prepared and maintained in the regular course of a business activity, the continuity of the record keeping being germane to the business activity which lends credibility to the business record; ii the record must have been made near or at the time of the activity recorded; iii there must be a lack of evidence of the unreliability of the record, i.
Any witness will qualify, so long as it can be sufficiently established that the witness understands the record-keeping system. It must be shown either that 1 the declarant had knowledge to make accurate statements; 2 the declarant recorded statements contemporaneously with the actions which were the subject of the reports; 3 the declarant made the record in the regular course of business activity; and 4 such records were regularly kept by the business.
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This remoteness inquiry depends upon whether the time span between the transaction and the entry was so great as to suggest a danger of inaccuracy by lapse of memory. A court has discretion in determining whether business records have an inherent probability of trustworthiness. Once the proponent of the document meets the elements described above, the burden shifts to the opposing party to show through cross-examination that the proffered documents are unreliable and should not be admitted.
In criminal cases, satisfying these elements is not enough to permit the introduction of the documents. The evidence must bear sufficient indicia of reliability and rest on such solid foundation that its admission does to violate the Confrontation Clause. This exception, unlike the statute it replaced,99 is broad. The exception makes it clear that opinions and diagnoses included in the records are admissible. However, like the past statute, application of this exception is subject to the discretion of the court. Evidence that a matter is not included in the memoranda, reports, records or data compilations, in any form, kept in accordance with records of regularly conducted activity, to prove the non-occurrence or non-existence of the matter, is admissible if the matter was of a kind of which a memorandum, report, record or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
Public Records And Reports. To the extent not otherwise provided for, records, reports, statements or data compilations, in any form, of a public office or agency setting forth its regularly conducted and regularly recorded activities or matters observed pursuant to duty imposed by law and as to which there was a duty to report or factual findings resulting from an investigation made pursuant to authority granted by law.
This rule is based on the probability that a public officer under a duty to make a correct statement of fact will fulfill that duty properly, and that reports prepared by the government are trustworthy. Public records from law-enforcement agencies that are investigative and have a focus toward litigation are excluded because their trustworthiness is questioned. Portions of public records which contain hearsay statements amount to hearsay within hearsay, Records Of Vital Statistics. Records or data compilations, in any form, of births, fetal deaths, deaths or marriages, if the report thereof was made to a public office pursuant to requirements of law.
To prove the absence of a record, report, statement or data compilation, in any form, or the non-occurrence or non-existence of a matter of which a record, report, statement or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification or testimony that diligent search failed to disclose the record, report, statement or data compilation, or entry. Records Of Religious Organizations. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.
Accordingly, there is no requirement of proof of personal knowledge of the persons who made the record.
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Marriage, Baptismal And Similar Certificates. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.
Family Records. Statements of fact concerning personal or family history contained in family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts or tombstones, or the like. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of public office and an applicable statute authorizes the recording of documents of that kind in that office.
A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document. Statements In Ancient Documents. Statements in a document in existence twenty years or more, the authenticity of which is established. Market Reports; Commercial Publications. Market quotations, tabulations, lists, directories or other published compilations, generally used and relied upon by the public or by persons in particular occupations.
Learned Treatises. To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits. One difficulty with previous practice is that a treatise could not be used to cross-examine an expert if the expert did not recognize the treatise as a reliable authority.
Some doctors refuse to recognize any book as a reliable authority. Under this exception, the refusal of an expert witness to recognize a treatise as a reliable authority cannot block cross-examination on the treatise if it can be established by other expert testimony that the work is a reliable authority.
Presumably, this eliminates the common-law requirement that the reputation be established before the controversy arose. The elimination of this requirement is because a false reputation as to these matters is not likely to be manufactured as a result of a controversy. Upon objection, the court stated that others could testify as to such a reputation but that the prosecuting witness could not. This ruling seems to be logical and there is nothing in the language of this exception which would dictate that this case is no longer applicable.
Thus, the personal knowledge required by Rule may be considered to be absent. Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community and reputation as to events of general history important to the community or state or nation in which located. Reputation As To Character. Judgment Of Previous Conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty but not upon a plea of nolo contendere , adjudging a person guilty of a crime punishable by death or imprisonment in excess of two years, to prove any fact essential to sustain the judgment, but not including, when offered by the State in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused.
The pendency of an appeal may be shown but does not affect admissibility. Judgments as proof of matters of personal, family or general history, or boundaries essential to the judgment if the same would be provable by evidence of reputation. In a civil case before a Justice of the Peace, a bill, estimate, receipt or statement of account which appears to have been made in the regular course of business may be admitted into evidence by the court if the Justice of the Peace is satisfied that the document is reliable.
State, 36 A. State, A. Warren v.
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Wilmington Country Club, C. Taylor v. State, 76 A. Francis Hospital, Inc.
State, No. Love and miss you baby brother.
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Everett was a beautiful person and his soul and the impact he had in my life and heart will live on in my soul forever. I am a better person for having known him and feel lucky to have had the time we shared. Fly On and Everglow Everett and I seriously love you too. No words could ever express how our heart breaks by your passing. Rest Easy. There is a road No simple highway Between the dawn And the dark of night And if you go No one may follow That path is for Your steps a alone.
Son, brother, father. Funny, huge heart, great employee. Always lifting others up. I will see you again, love Mom. There is a big hole in my heart that will never be filled until we meet again. I love you and miss you, Mom. I lost my 19 year old son, Nick, to an accidental heroin overdose. I miss him terribly and ache for him every day. He was so beautiful and had such a good heart. He wanted to live. I love and miss you so much Nick. There are no words to express the depth my sorrow. I miss you every single day. My heart is forever broken. Ryan Michael Schillaci January 12, — January 19, We lost my dear nephew Kenny Bass on May 23rd, He had an addictive behavior, as he had a mental illness…and only the wrong drugs made him feel better.
He had long destroyed his heart, veins and brain. Opioids suppress your respiratory system, which restricts blood circulation in his veins. He was at the point of no return, as he was addicted. He was always suicidal. He had lost the will to live many years before.
It burdens my heart daily. I loved him so deeply. In loving memory of my son Nathan C. Deeply loved and so missed. Best son, brother and father anyone could wish for. A life taken way way way too soon. I lost my darling son Tim on December 12, Every day is painful. I had to learn how to live without his love.