1E9Ct5D

Except as otherwise provided by Constitution or statute, or by courtdecision, or by these or other rules of court, no person has a privilege to:(1) Refuse to be a witness;(2) Refuse to disclose any matter;(3) Refuse to produce any object or writing; or(4) Prevent another from being a witness or disclosing any matteror producing any object or writing.None of the privileges spelled out in Article V of the Rules ofEvidence create a self-critical/self-analysis privilege. Nor does such a privilegeexist in any Delaware statute, except for certain medical evaluations, or in anyconstitutional provision. That means, the source of the privilege in Delaware, byD.R.E. 501, must be by court decision.The Court recognized that no court had recognized the privilege, yet reviewedthe documents at issue in camera and concluded that their relevancy was “too great toallow Werner to successfully assert a privilege no court in Delaware has evenrecognized.”