Del. Ct. Com. Pl. Civ. R. 34

(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making

the request, or someone acting on the requestor’s behalf, to inspect and copy, any designated documents

(including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations

from which information can be obtained, translated if necessary, by the respondent through detection

devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which

constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or

control of the party upon whom the request is served; or (2) to permit entry upon designated land or other

property in the possession or control of the party upon whom the request is served for the purpose of

inspection and measuring, surveying, photographing, testing, or sampling the property or any designated

object or operation thereon, within the scope of Rule 26(b).

(b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement

of the action and upon any other party with or after service of the summons and complaint upon that

party. The request shall set forth the items to be inspected either by individual item or by category, and

describe each item and category with reasonable particularity. The request shall specify a reasonable time,

place, and manner of making the inspection and performing the related acts.

The party upon whom the request is served shall serve a written response within 30 days after the

service of the request, except that a defendant may serve a response within 45 days after service of the

summons and complaint upon the defendant. The Court may allow a shorter or longer time. The

response shall state, with respect to each item or category, that inspection and related activities will be

permitted as requested, unless the request is objected to, in which event the reasons for objection shall

be stated. If objection is made to part of an item or category, the part shall be specified and inspection

permitted of the remaining parts. The party submitting the request may move for an order under Rule

37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or

any failure to permit inspection as requested.

(c) Persons not parties. A person not a party to the action may be compelled to produce documents and

things or to submit to an inspection as provided by Rule 45.