Del. Ch. Ct. R. 30

(a) When Depositions May be Taken. After

commencement of the action, any party may take the

testimony of any person, including a party, by deposition

upon oral examination. Leave of Court, granted with or

without notice, must be obtained only if the plaintiff seeks

to take a deposition prior to the expiration of 30 days after

service of the summons and complaint upon any defendant,

except that leave is not required (1) if a defendant has

served a notice of taking deposition or otherwise sought

discovery, or (2) if special notice is given as provided in

paragraph (b)(2) of this rule. The attendance of witnesses

may be compelled by subpoena as provided in Rule 45. The

deposition of a person confined in prison may be taken only

by leave of court on such terms as the Court prescribes.

(b) Notice of Examination: General Requirements;

Special Notice; Method of Recording; Production of

Documents, Electronically Stored Information, and

Tangible Things; Deposition of Organization.

(1) A party desiring to take the deposition of any

person upon oral examination shall give reasonable

notice in writing to every other party to the action. The

notice shall state the time and place for taking the

deposition and the name and address of each person to

be examined, if known, and, if the name is not known,

a general description sufficient to identify the person or

the particular class or group to which the person

belongs. If a subpoena duces tecum is to be served on

the person to be examined, the designation of the

materials to be produced as set forth in the subpoena

shall be attached to or included in the notice. The party

taking the deposition shall state in the notice the

method by which the testimony shall be recorded.

(2) Leave of court is not required for the taking of a

deposition by plaintiff if the notice (A) states that the

person to be examined is about to go out of the State of

Delaware and will be unavailable for examination

unless the person’s deposition is taken before the

expiration of the 30-day period, and (B) sets forth facts

to support the statement. The plaintiff’s attorney shall

sign the notice, and the attorney’s signature constitutes

a certification by the attorney that to the best of the

attorney’s knowledge, information, and belief the

statement and supporting facts are true. The sanctions

provided by Rule 11 are applicable to the certification.

(3) The Court may for cause shown enlarge or shorten

the time for taking the deposition.

(4) Unless the court orders otherwise, a deposition

may be recorded by sound, sound-and-visual, or

stenographic means, and the party taking the

deposition shall bear the cost of recording. Any party

may arrange for a transcription to be made from the

recording of a deposition taken by nonstenographic

means. With prior notice to the deponent and other

parties, any party may designate another method to

record the deponent’s testimony in addition to the

method specified by the person taking the deposition.

(5) The notice to a party deponent may be

accompanied by a request made in compliance with

Rule 34 for the production of documents, electronically

stored information, and tangible things at the taking of

the deposition. The procedure of Rule 34 shall apply to

the request.

(6) A party may in the party’s notice name as the

deponent a public or private corporation or a

partnership or association or governmental agency and

designate with reasonable particularity the matters on

which examination is requested. The organization so

named shall designate 1 or more officers, directors, or

managing agents, or other persons who consent to

testify on its behalf, and may set forth, for each person

designated, the matters on which the person will testify.

The persons so designated shall testify as to matters

known or reasonably available to the organization. This

paragraph (b)(6) does not preclude taking a deposition

by any other procedure authorized in these Rules.

(7) The parties may stipulate in writing or the Court

may upon motion order that a deposition be taken by

telephone or other remote electronic means. For

purposes of this rule and Rules 28(a), 37(a)(1) and 45(a),

a deposition taken by such means is taken in the

jurisdiction and at the place where the deponent is to

answer questions.

(c) Examination and Cross-Examination: Record of

Examination; Oath; Objections. Examination and

cross-examination of witnesses may proceed as permitted

at the trial under the provisions of Rule 43(b). The officer

before whom the deposition is to be taken shall personally,

or by someone acting under the officer’s direction and in

the officer’s presence, record the testimony of the witness.

The testimony shall be taken stenographically or recorded

by any other method authorized by paragraph (b)(4) of this

rule. If requested by l of the parties, the testimony shall be

transcribed. Unless otherwise agreed by the parties, a

deposition shall be conducted before an officer appointed or

designated under Rule 28 and shall begin with a statement

on the record by the officer that includes (A) the officer’s

name and business address; (B) the date, time, and place

of the deposition; (C) the name of the deponent; (D) the

administration of the oath or affirmation to the deponent;

and (E) an identification of all persons present. If the

deposition is recorded other than stenographically, the

officer shall repeat items (A) through (C) at the beginning

of each unit of recorded tape or other recording medium.

The appearance or demeanor of deponents or attorneys

shall not be distorted through camera or sound-recording

techniques. At the end of the deposition, the officer shall

state on the record that the deposition is complete and shall

set forth any stipulations made by counsel concerning the

custody of the transcript or recording and the exhibits, or

concerning other pertinent matters.

All objections made at the time of the examination to

the qualifications of the officer taking the deposition, to

the manner of taking it, to the evidence presented, to

the conduct of any party, or to any other aspect of the

proceedings, shall be noted by the officer upon the

record of deposition. Evidence objected to shall be taken

subject to the objections. In lieu of participating in the

oral examination, parties may serve written questions

in a sealed envelope on the party taking the deposition

and the party taking the deposition shall transmit them

to the officer, who shall propound them to the witness

and record the answers verbatim.

(d) Schedule and Duration; Motion to Terminate or

Limit Examination.

(1) From the commencement until the conclusion of a

deposition, including any recesses or continuances

thereof of less than five calendar days, the attorney(s)

for the deponent shall not: (A) consult or confer with the

deponent regarding the substance of the testimony

already given or anticipated to be given, except for the

purpose of conferring on whether to assert a privilege

against testifying or on how to comply with a court

order, or (B) suggest to the deponent the manner in

which any questions should be answered. A person may

instruct a deponent not to answer only when necessary

to preserve a privilege, to enforce a limitation on

evidence directed by the Court, or to present a motion

under paragraph (d)(3).

(2) By order, the court may limit the time permitted

for the conduct of a deposition, but shall allow

additional time consistent with Rule 26(c) if needed for

a fair examination of the deponent or if the deponent or

another party impedes or delays the examination. If the

court finds such an impediment, delay or other conduct

that has frustrated the fair examination of the

deponent, it may impose upon the persons responsible

an appropriate sanction, including the reasonable costs

and attorney’s fees incurred by any party as a result

thereof.

(3) At any time during the taking of the deposition, on

motion of a party or of the deponent and upon a showing

that the examination is being conducted or defended in

bad faith or in such manner as unreasonably to annoy,

embarrass or oppress the deponent or party, the Court

in which the action is pending or a Court of competent

jurisdiction in the state where the deposition is being

taken may order: (A) that examination cease forthwith;

(B) that the scope and manner of the taking of the

deposition be limited as provided in Rule 26(c); or (C)

such other relief as the Court reasonably deems to be

appropriate. If the order made terminates the

examination, it shall be resumed thereafter only upon

the order of the Court in which the action is pending.

Upon demand of the objecting party or deponent, the

taking of the deposition shall be suspended for the time

necessary to make a motion for an order. The provisions

of Rule 37(a)(4) apply to the award of expenses incurred

in relation to the motion.

(e) Submission to Witness; Changes; Signing. When

the testimony is fully transcribed, the deposition shall be

submitted to the witness for examination and shall be read

to or by the witness, unless such examination and reading

are waived by the witness and by the parties. Any changes

in form or substance which the witness desires to make

shall be entered upon the deposition by the officer with a

statement of the reasons given by the witness for making

them. The deposition shall then be signed by the witness,

unless the parties by stipulation waive the signing or the

witness is ill or cannot be found or refuses to sign. If the

deposition is not signed by the witness within 30 days after

the date when the reporter notifies the witness and counsel

by mail of availability for examination by the witness, the

officer shall sign it and state on the record the fact of the

waiver or of the illness or absence of the witness or the fact

of the refusal to sign together with the reason, if any, given

therefor; and the deposition may then be used as fully as

though signed, unless a motion to suppress under

Rule 32(d) the Court holds that the reasons given for the

refusal to sign require rejection of the deposition in whole

or in part.

(f) Certification by Officer; Exhibit, Copies; Notice

of Filing.

(1) The officer shall certify that the witness was duly

sworn by the officer and that the deposition is a true

record of the testimony given by the witness. The

certification shall be in writing and accompany the

record of the deposition. The officer shall securely seal

the deposition in an envelope indorsed with the title of

the action and marked “Deposition of (here insert name

of witness)” and shall promptly send it by registered or

certified mail to the attorney who arranged for the

transcript or recording, who shall store it under

conditions that will protect it against loss, destruction,

tampering or deterioration.

Documents, electronically stored information, and

tangible things produced for inspection during the

examination of the witness, shall, upon the request

of the party, be marked for identification and

annexed to and returned with the deposition, and

may be inspected and copied by any party, except

that (A) the person producing the materials may

substitute copies to be marked for identification, if

the person affords to all parties fair opportunity to

verify the copies by comparison with the originals,

and (B) if the person producing the materials

requests their return, the officer shall mark them,

give each party an opportunity to inspect and copy

them, and return them to the person producing

them, and the materials may then be used in the

same manner as if annexed to and returned with the

deposition. Any party may move for an order that

the original be annexed to and returned with the

deposition to the Court, pending final deposition of

the case.

(2) Unless otherwise ordered by the court or agreed by

the parties, the officer shall retain stenographic notes

of any deposition taken stenographically or a copy of the

recording of any deposition taken by another method.

Upon payment of reasonable charges therefor, the

officer shall furnish a copy of the transcript or other

recording of the deposition to any party or to the

deponent.

(3) The party taking the deposition shall give prompt

notice of its filing to all other parties.

(g) Failure to Attend or to Serve Subpoena;

Expenses.

(1) If the party giving the notice of the taking of a

deposition fails to attend and proceed therewith and

another party attends in person or by an attorney

pursuant to the notice, the Court may order the party

giving the notice to pay to such other party reasonable

attorney’s fees incurred by that party and that party’s

attorney in attending.

(2) If the party giving the notice of the taking of a

deposition of a witness fails to serve a subpoena upon

the witness and the witness because of such failure does

not attend, and if another party attends in person or by

an attorney because that party expects the deposition of

that witness to be taken, the Court may order the party

giving the notice to pay to such other party the

reasonable expenses incurred by that party and that

party’s attorney in attending, including reasonable

attorney’s fees.

(h) Counsel Fees on Taking Depositions;

Depositions More than 150 Miles Distant. In the case

of a proposed deposition upon oral examination at a place

more than 150 miles from the courthouse where the action

was commenced, the Court may order or impose as a

condition of denying a motion to vacate notice thereof, that

the applicant shall pay the expense of the attendance of 1

attorney for the adversary party or parties, at the place

where the deposition is to be taken, including reasonable

counsel fees, which amounts shall be paid or secured prior

to such examination. The amount paid by such applicant to

the applicant’s adversary on account of attorney’s fees and

expenses may be a taxable disbursement in the event that

the applicant recovers costs of the action.