A short recent letter ruling from the Delaware Court of Chancery provides an explanation of practical application that explains why expert reports are frequently admitted into evidence in the Court of Chancery, as compared to the Delaware Superior Court, the trial court of general jurisdiction.

In the matter styled In re Comtech/Gilat Merger Litigation, Cons. No. 2020-0605-JRS (Del. Ch. Oct. 2, 2020), the court explained why, despite the basis of a technical hearsay objection under Delaware Rule of Evidence 801(c), in the Delaware Court of Chancery expert reports are frequently admitted into evidence especially when the expert is available for cross-examination during trial.

The court explained that one reason is based on DRE 807, which is something of a catch-all provision, but the court also provided 6 additional specific reasons based on the facts of this case why the expert report would be admitted.

The court contrasted this Chancery practice with the more common inadmissibility of expert reports in its sister court, the Delaware Superior Court (and on which the Vice Chancellor who wrote this opinion formerly sat.).  See footnote 5.