Del. Ch. Ct. R. 26

(a) Discovery Methods. Parties may obtain discovery

by 1 or more of the following methods: Depositions upon

oral examination or written questions; written

interrogatories; production of documents, electronically

stored information, or tangible things or permission to

enter upon land or other property, for inspection and other

purposes; physical and mental examinations; and requests

for admission. Unless the Court orders otherwise under

paragraph (c) of this rule, the frequency of use of these

methods is not limited.

(b) Discovery Scope and Limits. Unless otherwise

limited by order of the Court in accordance with these

Rules, the scope of discovery is as follows:

(1) In General. Parties may obtain discovery

regarding any non-privileged matter that is relevant to

any party’s claim or defense and proportional to the

needs of the case, including the existence, description,

nature, custody, condition and location of any

documents, electronically stored information, or

tangible things and the identity and location of persons

having knowledge of any discoverable matter. It is not

ground for objection that the information sought will be

inadmissible at the trial.

The frequency or extent of use of the discovery

methods set forth in paragraph (a) shall be limited

by the Court if it determines that: (i) the discovery

sought is unreasonably cumulative or duplicative, or

is obtainable from some other source that is more

convenient, less burdensome, or less expensive; (ii)

the party seeking discovery has had ample

opportunity by discovery in the action to obtain the

information sought; or (iii) the discovery sought is

not proportional to the needs of the case, considering

the importance of the issues at stake in the action,

the amount in controversy, the parties’ relative

access to relevant information, the parties’

resources, the importance of the discovery in

resolving the issues, and whether the burden or

expense of the proposed discovery outweighs its

likely benefit. The Court may act upon its own

initiative after reasonable notice or pursuant to a

motion under paragraph (c).

(2) Insurance Agreements. A party may obtain

discovery of the existence and contents of any insurance

agreement under which any person carrying on an

insurance business may be liable to satisfy part or all of

a judgment which may be entered in the action or to

indemnify or reimburse for payments made to satisfy

the judgment. Information concerning the insurance

agreement is not by reason of disclosure admissible in

evidence at trial. For purposes of this subparagraph, an

application for insurance shall not be treated as part of

an insurance agreement.

(3) Trial Preparation: Materials. Subject to the

provisions of paragraph (b) (4) of this rule, a party may

obtain discovery of documents, electronically stored

information, and tangible things otherwise discoverable

under paragraph (b)(1) of this rule and prepared in

anticipation of litigation or for trial by or for another

party or by or for that other party’s representative

(including the other party’s attorney, consultant,

surety, indemnitor, insurer, or agent) only upon a

showing that the party seeking discovery has

substantial need of the materials in the preparation of

the party’s case and that the party is unable without

undue hardship to obtain the substantial equivalent of

the materials by other means. In ordering discovery of

such materials when the required showing has been

made, the Court shall protect against disclosure of the

mental impressions, conclusions, opinions, or legal

theories of an attorney or other representative of a

party concerning the litigation.

A party may obtain without the required showing a

statement concerning the action or its subject

matter previously made by that party. Upon request,

a person not a party may obtain without the

required showing a statement concerning the action

or its subject matter previously made by that person.

If the request is refused, the person may move for a

Court order. The provisions of Rule 37(a)(4) apply to

the award of expenses incurred in relation to the

motion. For purposes of this paragraph, a statement

previously made is (A) a written statement signed or

otherwise adopted or approved by the person

making it, or (B) a stenographic, mechanical,

electrical, or other recording, or a transcription

thereof, which is a substantially verbatim recital of

an oral statement by the person making it and

contemporaneously recorded.

(4) Trial Preparation: Experts. Discovery of facts

known and opinions held by experts, otherwise

discoverable under the provisions of paragraph (b)(1) of

this rule and acquired or developed in anticipation of

litigation or for trial, may be obtained only as follows:

(A)(i) A party may through interrogatories require

any other party to identify each person whom the

other party expects to call as an expert witness at

trial, to state the subject matter on which the expert

is expected to testify, and to state the substance of

the facts and opinions to which the expert is

expected to testify and a summary of the grounds for

each opinion. (ii) Upon motion, the Court may order

further discovery by other means, subject to such

restrictions as to scope and such provisions,

pursuant to paragraph (b)(4)(C) of this rule,

concerning fees and expenses as the Court may deem

appropriate.

(B) A party may discover facts known or opinions

held by an expert who has been retained or specially

employed by another party in anticipation of

litigation or preparation for trial and who is not

expected to be called as a witness at trial, only as

provided in Rule 35(b) or upon a showing of

exceptional circumstances under which it is

impracticable for the party seeking discovery to

obtain facts or opinions on the same subject by other

means.

(C) Unless manifest injustice would result, (i) the

Court shall require that the party seeking discovery

pay the expert a reasonable fee for time spent in

responding to discovery under paragraphs

(b)(4)(A)(ii) and (b)(4)(B) of this rule and (ii) with

respect to discovery obtained under paragraphs

(b)(4)(A)(ii) of this rule the Court may require, and

with respect to discovery obtained under paragraph

(b)(4)(B) of this rule the Court shall require, the

party seeking discovery to pay the other party a fair

portion of the fees and expenses reasonably incurred

by the latter party in obtaining facts and opinions

from the expert.

(c) Protective Orders. Upon motion by a party or by

the person from whom discovery is sought, and for good

cause shown, the Court or alternatively, on matters

relating to a deposition taken outside the State of

Delaware, a court in the state where the deposition is to be

taken may make any order which justice requires to protect

a party or person from annoyance, embarrassment,

oppression, or undue burden or expense, including 1 or

more of the following: (1) That the discovery not be had; (2)

that the discovery may be had only on specified terms and

conditions, including a designation of the time or place or

the allocation of expenses; (3) that the discovery may be

had only by a method of discovery other than that selected

by the party seeking discovery; (4) that certain matters not

be inquired into, or that the scope of the discovery be

limited to certain matters; (5) that discovery be conducted

with no one present except persons designated by the

Court; (6) that a deposition after being sealed be opened

only by order of the Court; (7) that a trade secret or other

confidential research, development, or commercial

information not be disclosed or be disclosed only in a

designated way; (8) that the parties simultaneously file

specified documents or information enclosed in sealed

envelopes to be opened as directed by the Court. A party

has standing to move for a protective order with respect to

discovery directed at a non-party on the basis of annoyance,

embarrassment, oppression, or undue burden or expense

that the moving party will bear. A non-party from another

state from whom discovery is sought always may move for

a protective order from the court in the state where

discovery is sought or, alternatively, from this Court

provided the non-party agrees to be bound by the decision

of this Court as to the discovery in question.

If the motion for a protective order is denied in whole or

in part, the Court may, on such terms and conditions as

are just, order that any party or person provide or

permit discovery. The provisions of Rule 37(a)(4) apply

to the award of expenses incurred in relation to the

motion.

(d) Sequence and Timing of Discovery. Unless the

Court upon motion, for the convenience of parties and

witnesses and in the interests of justice, orders otherwise,

methods of discovery may be used in any sequence and the

fact that a party is conducting discovery, whether by

deposition or otherwise, shall not operate to delay any

other party’s discovery.

(e) Supplementation of Responses. A party who has

responded to a request for discovery with a response that

was complete when made is under no duty to supplement

the response to include information thereafter acquired,

except as follows:

(1) A party is under a duty seasonably to supplement

the response with respect to any question directly

addressed to (A) the identity and location of persons

having knowledge of discoverable matters, and (B) the

identity of each person expected to be called as an

expert witness at trial, the subject matter on which the

person is expected to testify, and the substance of the

person’s testimony.

(2) A party is under a duty seasonably to amend a

prior response if the party obtains information upon the

basis of which (A) the party knows that the response

was incorrect when made, or (B) the party knows that

the response though correct when made is no longer

true and the circumstances are such that a failure to

amend the response is in substance a knowing

concealment.

(3) A duty to supplement responses may be imposed

by order of the Court, agreement of the parties, or at

any time prior to trial through new requests for

supplementation of prior responses.