Del. R. Evid. 511
A claim of privilege is not defeated by a disclosure which was (1) compelled erroneously or (2) made without opportunity to claim the privilege.
Del. R. Evid. 511
Comment
This rule tracks U.R.E. 511 which is based on draft of F.R.E. 512. See comment to Rule 501.
Rule 511(2) should be interpreted as meaning that the disclosure was made without the party seeking the privilege having the opportunity to make a timely objection. An example of this is if the disclosure was blurted out by a witness during examination, or was made outside the presence of the privileged person. Failure to recognize the legal existence of the privilege is not deemed to be a lack of opportunity and therefore a failure to recognize and timely object may result in waiver of the privilege.