(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 that party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records [telephone 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(g) 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(g).
(b)Procedure. The request may be served upon the petitioner after commencement of the action and upon any other party with or after service of the summons and petition upon that party. The request shall set forth the items to be inspected either by individual item or 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 respondent may serve a response within 45 days after service of the summons and petition upon that respondent. 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. 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.
(c)Persons Not Parties. When discovery is permitted by the Court, a person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Rule 45.
End
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 3, 1996.]
Plain-English Summary
Scope. A party may serve a request on another party to produce and permit inspection and copying of designated documents and tangible things within that party's possession, custody or control, and to permit entry upon designated land or other property for inspection, measuring, surveying, photographing, testing or sampling.
Timing. The request may be served on the petitioner after the action commences, and on any other party with or after service of the summons and petition.
Non-parties. Where discovery is permitted, a person who is not a party may be compelled to produce documents and things or to submit to an inspection — through a subpoena under Rule 45 rather than a request under this rule, which is the distinction to keep straight: you request from a party and command from anyone else.
Frequently Asked Questions
How do I get documents from the other side in a Delaware Family Court case?
Where the court has permitted discovery, serve a request to produce and permit inspection and copying of designated documents and tangible things in that party's possession, custody or control.
Can I inspect property?
Yes. A request may seek entry upon designated land or other property for inspection, measuring, surveying, photographing, testing or sampling.
Can I get documents from someone who is not a party?
Yes, where discovery is permitted, a non-party may be compelled to produce documents and things or to submit to an inspection.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 34), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:request for production Delaware Family Courtinspection of property DelawareFam. Ct. Civ. R. 34