Del. Ch. Ct. R. 45

(a) Form; issuance.

(1) Every subpoena shall

(A) State the name of the Court;

(B) State the title of the action and its civil action

number;

(C) Command each person to whom it is directed

to attend and give testimony or to produce and

permit inspection and copying of designated

documents, electronically stored information, or

tangible things in the possession, custody or control

of that person, or to permit inspection of premises,

at a time and place therein specified; and

(D) Set forth the text of subdivisions (c) and (d) of

this rule.

(2) A command to produce evidence or to permit

inspection may be joined with a command to appear at

trial or hearing or at deposition, or may be issued

separately. A subpoena may specify the form or forms

in which documents or electronically stored information

are to be produced.

(3) The Register in Chancery shall issue a subpoena,

or a subpoena for the production of documentary

evidence, signed but otherwise in blank, to a party

requesting it, who shall fill it in before service. A

member of the Delaware bar may issue and sign a

subpoena as an officer of the Court.

(b) Service. A subpoena may be served by the sheriff, by

the sheriff’s deputy or by any other person who is not a

party and is not less than 18 years of age. Service of a

subpoena upon a person named therein shall be made by

delivering a copy thereof to such person. Prior notice of any

commanded production of documents, electronically stored

information, and tangible things or inspection of premises

before trial shall be served on each party in the manner

prescribed by Rule 5(b). Proof of service shall be made by

filing with the Register of the county by which the

subpoena is issued a statement of the date and manner of

service and the names of the persons served, certified by

the person who made the service.

(c) Protection of Persons Subject to Subpoenas.

(1) A party or an attorney responsible for the issuance

and service of a subpoena shall take reasonable steps to

avoid imposing undue burden or expense on a person

subject to that subpoena. The court on behalf of which

the subpoena was issued shall enforce this duty and

may impose upon the party or attorney in breach of this

duty an appropriate sanction, which may include, but is

not limited to, lost earnings and a reasonable attorney’s

fee.

(2)(A) A person commanded to produce and permit

inspection and copying of designated documents,

electronically stored information, or tangible things or

inspection of premises need not appear in person at the

place of production or inspection unless commanded to

appear for deposition, hearing or trial.

(B) Subject to paragraph (d)(2) of this rule, a

person commanded to produce and permit inspection

and copying may, within 14 days after service of the

subpoena or before the time specified for compliance

if such time is less than 14 days after service, serve

upon the party or attorney designated in the

subpoena written objection to inspection or copying

of any or all of the designated materials or of the

premises. If objection is made, the party serving the

subpoena shall not be entitled to inspect and copy

the materials or inspect the premises except

pursuant to an order of the court by which the

subpoena was issued. If objection has been made, the

party serving the subpoena may, upon notice to the

person commanded to produce, move at any time for

an order to compel production. Such an order to

compel production shall protect any person who is

not a party or an officer of a party from significant

expense resulting from the inspection and copying

commanded.

(3)(A) On timely motion, the court on behalf of which

the subpoena was issued shall quash or modify the

subpoena if it

(i) Fails to allow reasonable time for

compliance;

(ii) Requires disclosure of privileged or other

protected matter and no exception or waiver

applies; or

(iii) Subjects a person to undue burden.

(B) If a subpoena

(i) Requires disclosure of a trade secret or other

confidential research, development, or commercial

information, or

(ii) Requires disclosure of an unretained

expert’s opinion or information not describing

specific events or occurrences in dispute and

resulting from the expert’s study made not at the

request of any party, the court on behalf of which

the subpoena was issued may, to protect a person

subject to or affected by the subpoena, quash or

modify the subpoena or, if the party in whose

behalf the subpoena is issued shows a substantial

need for the testimony or material that cannot be

otherwise met without undue hardship and

assures that the person to whom the subpoena is

addressed will be reasonably compensated, the

Court may order appearance or production only

upon specified conditions.

(d) Duty in Responding to Subpoena.

(1) If a subpoena does not specify a form for producing

documents or electronically stored information, the

person responding shall produce it in a form or forms in

which it is ordinarily maintained, or in which it is

reasonably usable. Absent a showing of good cause, the

person responding need not produce the same

documents or electronically stored information in more

than one form. The person responding need not provide

discovery of documents or electronically stored

information from sources that the person identifies as

not reasonably accessible because of undue burden or

cost. On a motion to compel discovery or for a protective

order, the person responding to a subpoena must show

that the information is not reasonably accessible

because of undue burden or cost. If that showing is

made, the Court nevertheless may order discovery from

such sources if the requesting party shows good cause.

The Court may specify the conditions for the discovery.

(2) When information subject to a subpoena is

withheld on a claim that it is privileged or subject to

protection as trial preparation materials, the claim

shall be made expressly and shall be supported by a

description of the nature of the documents,

electronically stored information, or tangible things not

produced that is sufficient to enable the demanding

party to contest the claim.

(e) Enforcement. Failure by any person without

adequate excuse to obey a subpoena served upon the person

may be deemed a contempt. The attendance of witnesses at

depositions and the production by them of designated

documents or tangible things elsewhere than in the State

of Delaware may be compelled or enforced by whatever

means are available under the laws of the place where the

examination is to be held.