Del. Super. Ct. 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 purposes 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 that 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 with

specificity. An objection must state whether the responding party is withholding or intends to withhold

any responsive materials on the basis of that objection, and the responding party is under a duty to

supplement its response to the extent it subsequently determines that it will withhold any responsive

material on the basis of an objection. 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.

A party who produces documents for inspection shall produce them as they are kept in the usual course of

business or shall organize and label them to correspond with the categories in the request.

Unless the document request expressly requires that the documents must be produced for inspection, the

responding party may state that it will produce copies of documents or of electronically stored

information instead of permitting inspection, in which case the production must then be completed no

later than the time for inspection specified in the request, another reasonable time specified in the

response, or as otherwise agreed between the requesting and responding parties.

(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.

(d) Request for production of documents or electronically stored information. Unless otherwise stipulated

or ordered by the court, these procedures apply to producing documents or electronically stored

information: A party may state in its request the form for producing documents or electronically stored

information. If a party so states, the responding party must produce electronically stored information in

the form requested. If a request does not specify a form for producing documents or electronically stored

information, or if the form specified is unreasonable, a party must 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, a party

need not produce the same documents or electronically stored information in more than one form.