Del. Fam. Ct. Civ. R. 30

(a) When depositions may be taken. When discovery is permitted by the Court, after

commencement of the action, any party may take the testimony of any person, including a

party, by depositions upon oral examination. 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 and things; depositions of organization.

(1) A party desiring to take the deposition of a 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 that 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. Unless the Court orders otherwise, it may be

recorded by sound, sound-and-visual, or stenographic means, and the party taking the

deposition shall bear the cost of the recording. Any party may arrange for a transcription

to be made from the recording of a deposition taken by nonstenographic means.

(2) Omitted.

(3) Omitted.

(4) 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 or 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 stipulations made by

counsel concerning the custody of the transcript or recording and the exhibits, or

concerning other pertinent matters.

(5) The notice to a party deponent may be accompanied by a request made in compliance

with Rule 34 for the production of documents 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 describe with reasonable

particularity the matters on which examination is requested. The organization so named

shall designate one or more officers, directors, or managing agents, or the persons who

consent to testify on its behalf, and may set forth, for each person designated, the matters

on which that person will testify. The persons so designated shall testify as to matters

known or reasonably available to the organization. This subdivision (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 deposition

be taken by telephone or other remote electronic means. For the purposes of this Rule and

Rules 28(a), 37(a)(1), 37(b)(1) (omitted) and 45(d), 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 provision

of Delaware Uniform Rules of Evidence except Rules 103 and 615. The officer before whom

the deposition is to be taken shall put the witness under oath and 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 subdivision (b)(4) of this Rule. If requested by one of the parties,

the testimony shall be transcribed.

All objections made at the time of the examination to the qualification of the officer taking the

deposition, to the manner of taking it, to the evidence presented, or to the conduct of any

party, and any other objection to the proceedings, shall be noted by the officer upon the

record of the deposition. Evidence objected to shall be taken subject to the objections; but the

evidence shall proceed with the testimony being 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 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 question should be answered. A party

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 paragraph (b)(3) 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 a 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(h); 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 the 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 reasons, if any, given therefor; and

the deposition may then be used as fully as though signed unless on 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 and filing by officer; exhibits, copies; notice of filing.

(1) The officer shall certify on the deposition 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. Unless

otherwise ordered by the Court, the officer shall then securely seal the deposition in an

envelope indorsed with the title of the action and marked “Deposition of (insert here

name of witness)” and shall promptly transmit it to the attorney who arranged for the

transcript of the recording, who shall store it under the conditions that will protect it

against loss, destruction, tampering or deterioration.

Documents and things produced for inspection during the examination of the witness, shall,

upon the request of a party, be marked for identification and annexed to the deposition

and may be inspected and copied by any party, except that if the person producing the

materials desires to retain them, the person may (A) offer copies to be marked for

identification and annexed to the deposition and to serve thereafter as originals if the

person affords to all parties fair opportunity to verify the copies by comparison with the

originals, or (B) offer the originals to be marked for identification, after giving to each

party an opportunity to inspect and copy them, in which event the materials may then be

used in the same manner as if annexed to the deposition. Any party may move for an

order that the original be annexed to and returned with the deposition pending final

disposition 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 thereof,

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 attorney pursuant to the notice, 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.

(2) If the party giving the notice of the taking of a deposition of a witness fails to serve a

subpoena upon that witness and the witness because of such failure does not attend, and if

another party attends in person or by 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 expense 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 one 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 taxable disbursement in the

event that the applicant recovers costs of the action.

(i) Deposition of Court employees. The deposition of employees of the Family Court, in which

inquiry is to be made concerning the performance of their official duties, may be taken only

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