Del. Super. Ct. Civ. 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 a

special notice is given as provided in subdivision (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 and things; deposition 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 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. 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) 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 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 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 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 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

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 a 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 provisions 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 on oath or affirmation 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.

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 the deposition; 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 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 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 Rule 26(b)(2) 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 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 reason, 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 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 securely seal the deposition in an envelope or package indorsed with the title of the

action and marked “Deposition of (here insert name of witness)” and shall promptly transmit it 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 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 to the Court, 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 such other party the reasonable expenses incurred by the party and that

party’s attorney in attending, including reasonable attorney’s fees.

(2) If the party giving the notice of the taking of the 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 attorney because that party expects the deposition of that witness to be taken, the

Court may order the party giving the notice to pay 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 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 a taxable disbursement in the

event that the applicant recovers costs of the action.

(i) Depositions for use before the Industrial Accident Board. Any party to a proceeding before the

Industrial Accident Board may apply to the Superior Court for an order to provide for obtaining evidence

outside of the State of Delaware for use in hearings before the Board. The application shall be by petition,

presented upon notice, showing good cause for obtaining evidence by deposition for use in such

proceeding. The procedure for obtaining such evidence shall conform to these Rules insofar as may be

practicable.

(j) Deposition of Court employees. The deposition of employees of the Superior 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. For purposes of this Rule, Court employees shall include: Judges’

secretaries; court reporters; bailiffs; employees of the Presentence Office; the Court Administrator and the

Administrator’s staff; employees of the Case Scheduling Office; and employees of the Prothonotary.