(a) Required expedited discovery. Within seven days of filing of the answer, a plaintiff shall serve upon the answering defendant a copy of each document in the possession of plaintiff that plaintiff intends to rely upon at trial, a list of witnesses that plaintiff intends to call at trial and a list of all persons consulted or relied upon in connection with preparation of the complaint. Within thirty days of the filing of the answer, the answering defendant shall provide to all other parties a list of witnesses it intends to call at trial and all documents in its possession that it intends to rely upon at trial. A plaintiff against whom a counterclaim has been asserted shall serve upon the defendant asserting the counterclaim, within thirty days after such plaintiff receives from the defendant asserting the counterclaim the materials referred to in the preceding sentence, a list of witnesses it intends to call at trial in opposition to the counterclaim, all documents in its possession that it intends to rely upon at trial in opposition to the counterclaim and all persons consulted or relied upon in connection with preparation of the reply to the counterclaim.
Rule 127.Depositions and discovery
Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended April 1, 2003 · Last verified July 28, 2026
In one sentenceRule 127 compresses discovery into a strict calendar keyed to the filing of the last answer: mandatory early document and witness exchanges, ten interrogatories, ten requests for admission, four depositions, a 180-day fact-discovery deadline, and sixty more days for expert discovery.
Full Text of Rule 127
(b) Interrogatories. Any party may serve upon any other party up to ten written interrogatories (with any sub-part to be counted as a separate interrogatory) within thirty days after the filing of the last answer. Responses are due within twenty days after service of the interrogatories.
(c) Document requests. Any party may serve on any other party a request to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents, said request to be served within thirty days after filing of the last answer. The response to a document request is due within thirty days after service of the document request and must include production of the documents at that time for inspection and copying.
(d) Depositions. Any party may serve on any other party a notice of up to four depositions to begin no sooner than seven days from service of the deposition notice and subsequent to the filing of all answers. A party may also take the deposition of any person on the other party’s witness list, as well as the deposition of all affiants designated under Rule 129. The first deposition notice by a party shall be served not later than sixty days after the filing of the last answer. All depositions to be taken by a party are to be scheduled and completed within 120 days of the filing of the last answer.
(e) Request for admissions. Any party may serve upon any other party up to ten requests for admission (with any sub-part to be counted as a separate request for admission) within thirty days of the filing of the last answer. Responses are due within twenty days after service.
(f) Supplementation of discovery. Parties are obligated to supplement promptly their witness list, the documents they intend to rely upon at trial and their discovery responses under this Rule.
(g) Discovery disputes. Discovery disputes, at the Court’s option, may be addressed by a Master at the expense of the parties or by the Court.
Amendment History
Added, effective Apr. 1, 1994; amended, effective Nov. 12, 1997; Apr. 1, 2003.
Plain-English Summary
Rule 127 replaces the open-ended discovery of an ordinary case with a countdown. Within seven days of the answer, the plaintiff hands the defendant every document it plans to use at trial, its trial witness list, and a list of everyone consulted in preparing the complaint. The answering defendant returns the favor within thirty days — its own witness list and trial documents. A plaintiff facing a counterclaim owes the same disclosures to the counterclaiming defendant within thirty days of receiving that defendant's materials.
From there, each discovery tool gets its own cap and its own clock. Interrogatories and requests for admission are each capped at ten (counting sub-parts separately), served within thirty days of the last answer, with responses due in twenty days. Document requests go out in the same thirty-day window, with a thirty-day response that has to include the documents themselves, ready for inspection and copying. Depositions are capped at four per party, noticed no sooner than seven days after the notice is served and only after all answers are filed; the first notice is due within sixty days of the last answer, and every deposition has to be scheduled and finished within 120 days of the last answer. A party can also depose anyone on the other side's witness list, plus any affiant designated under Rule 129.
Two backstop deadlines hold the whole schedule together. Unless the Court orders otherwise, fact discovery — apart from what Rule 129 covers — closes 180 days after the last answer, and expert discovery closes 60 days after that. Parties have to keep their witness lists, trial documents, and discovery responses current as the case moves, and discovery disputes go to a Master, at the parties' expense, or to the Court, whichever the Court prefers.
Frequently Asked Questions
How many interrogatories can I serve in a Summary Proceeding?
Up to ten, counting any sub-part as a separate interrogatory, served within thirty days of the filing of the last answer. Responses are due in twenty days.
How many depositions am I allowed?
Up to four per party, plus depositions of anyone on the other side's trial witness list and any affiant designated under Rule 129. The first notice is due within sixty days of the last answer, and all depositions must finish within 120 days of it.
When does fact discovery close?
Unless the Court orders otherwise, 180 days after the filing of the last answer, apart from the discovery Rule 129 covers.
What documents do I have to turn over before formal discovery even starts?
Within seven days of the answer, the plaintiff must give the defendant every document it intends to use at trial, a trial witness list, and a list of everyone consulted in preparing the complaint; the defendant owes the same within thirty days of the answer.
Who resolves a discovery dispute in a Summary Proceeding?
At the Court's option, either a Master, at the parties' expense, or the Court itself.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware commercial disputes discovery deadlineshow many depositions summary proceedings delaware180 day fact discovery delawareexpedited discovery delaware business court