(a) Discovery methods. Parties may obtain discovery by one or more of the following methods: Depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.
Rule 26.General provisions governing discovery
Part V: Depositions and Discovery · Last amended August 1, 2019 · Last verified July 28, 2026
In one sentenceRule 26 opens Delaware's discovery rules by listing the five discovery methods parties may use, defining relevant, proportional, non-privileged information as the outer boundary of what's discoverable, protecting attorney work product and expert consultations, and requiring a signed certification on every discovery request, response, and objection.
Full Text of Rule 26
(b) Discovery scope and limits. Unless otherwise limited by order of the Court in accordance with these rules, the scope of discovery is as follows:
(1) In general. Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, including the existence, description, nature, custody, condition and location of any documents, electronically stored information (ESI), or tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial. The frequency or extent of use of the discovery methods set forth in paragraph (a) shall be limited by the Court if it determines that: (i) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (iii) the discovery sought is not proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. The Court may act upon its own initiative after reasonable notice or pursuant to a motion under subdivision (c).1
(2) Insurance agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement. 1Comment: The 2019 amendment to Delaware Superior Court Rule 26(b)(1) follows the Federal Rules of Civil Procedure in confirming that relevance is the touchstone for discovery. Under this standard, relevant evidence is discoverable, even if it may not be admissible. The 2019 amendment removes the qualification about the information appearing “reasonably calculated to lead to the discovery of admissible evidence.” As the comments to Federal Rule of Civil Procedure 26(b)(1) explain, this phrase “has been used by some, incorrectly, to define the scope of discovery.” To avoid this implication, the drafters of the federal rules removed the language and replaced it with the direct statement that information within the scope of discovery need not be admissible in evidence to be discoverable.Subject to other considerations, such as privilege and proportionality, all relevant evidence is discoverable, whether or not it is admissible. This clarification is not intended to change the scope of available discovery under the Delaware rules. The scope of discovery remains “broad and far-reaching....” Cal. Pub. Emps. Ret. Sys. v. Coulter, 2004 WL 1238443, at *1 (Del. Ch. May 26, 2004) (citation omitted); see also Woodstock v. Wolf Creek Surgeons, P.A., 2017 WL 3727019, (Del. Super. Aug. 30, 2017 at *6; Levy v. Stern, 687 A.2d 573, 1996 WL 742818, at *2 (Del. Dec. 20, 1996) (Table) (noting that the “discovery rules are to be afforded broad and liberal treatment”); “[T]he spirit of Rule 26(b) calls for all relevant information, however remote, to be brought out for inspection not only by the opposing party but also for the benefit of the Court ....” Boxer v. Husky Oil Co., 1981 WL 15479, at *2 (Del. Ch. Nov. 9, 1981). Relevance “must be viewed liberally,” and discovery into relevant matters should be permitted if there is “any possibility that the discovery will lead to relevant evidence.” Loretto Literary and Benevolent Inst. v. Blue Diamond Coal Co., 1980 WL 268060, at *4 (Del. Ch. Oct. 24, 1980); see also Incyte Corporation v. Flexus Biosciences, Inc., 2017 WL 5128979, at *4 (Del. Super. Oct. 27, 2017) (as a general rule, information sought in discovery is considered relevant “if there is any possibility that the information sought may be relevant to the subject matter of the action.” (citations omitted).
(3) Trial preparation: Materials. Subject to the provisions of subdivision (b)(4) of this Rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this Rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including the other party’s attorney, consultant, surety, indemnitor, insurer or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the party’s case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering the discovery of such materials when the required showing has been made, the Court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (A) a written statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the party making it and contemporaneously recorded.
(4) Trial preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this Rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:
(A)
(i) A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (ii) Upon motion, the Court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subdivision (b)(4)(C) of this Rule, concerning fees and expenses as the Court may deem appropriate.
(B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.
(C) Unless manifest injustice would result, (i) the Court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (b)(4)(A)(ii) and (b)(4)(B) of this Rule; and (ii) with respect to discovery obtained under subdivision (b)(4)(A)(ii) of this Rule the Court may require, and with respect to discovery obtained under subdivision (b)(4)(B) of this Rule the Court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.
(5) Protection for draft reports or disclosures. Rule 26(b)(3) protects drafts of any report or disclosure required under Rule 26 regardless of the form in which a draft is recorded.
(6) Protection of communication between a party’s attorney and expert witnesses. Rule 26 protects communications between the party’s attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications:
(i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the party’s attorney provided and that the expert considered in forming the opinions to be expressed; or (iii) identify assumptions that the party’s attorney provided and that the expert relied on in forming the opinions to be expressed.
(7) Claims of privilege or protection of trial material. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection.
(c) Protective orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the Court or alternatively, on matters relating to a deposition taken outside the State of Delaware, a court in the state where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place or the allocation of expenses; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the Court; (6) that a deposition after being sealed be opened only by order of the Court; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the Court. A party has standing to move for a protective order with respect to discovery directed at a non-party on the basis of annoyance, embarrassment, oppression, or undue burden or expense that the moving party will bear. A non-party from another state from whom discovery is sought always may move for a protective order from the court in the state where discovery is sought or, alternatively, from this Court provided the non- party agrees to be bound by the decision of this Court as to the discovery in question. If the motion for a protective order is denied in whole or in part, the Court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.
(d) Sequence and timing of discovery. Unless the Court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery.
(e) Supplementation of responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired except as follows:
(1) A party is under a duty seasonably to supplement the response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on which the person is expected to testify, and the substance of the person’s testimony.
(2) A party is under a duty seasonably to amend a prior response if the party obtains information upon the basis of which (A) the party knows that the response was incorrect when made, or (B) the party knows that the response although correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.
(3) A duty to supplement responses may be imposed by order of the Court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.
(f) Discovery conference. At any time after commencement of an action the Court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. The Court shall do so upon motion by the attorney for any party if the motion includes:
(1) A statement of the issues as they then appear;
(2) A proposed plan and schedule of discovery;
(3) Any limitations proposed to be placed on discovery;
(4) Any other proposed orders with respect to discovery; and
(5) A statement showing that the attorney making the motion has made a reasonable effort to reach agreement with opposing attorneys on the matters set forth in the motion. Each party and each party’s attorney are under a duty to participate in good faith in the framing of a discovery plan if a plan is proposed by the attorney for any party. Notice of the motion shall be served on all parties. Objections or additions to matters set forth in the motion shall be served not later than 10 days after service of the motion. Following the discovery conference, the Court shall enter an order tentatively identifying the issues for discovery purposes, establishing a plan and schedule for discovery, setting limitations on discovery, if any; and determining such other matters, including the allocation of expenses, as are necessary for the proper management of discovery in the action. An order may be altered or amended whenever justice so requires. Subject to the right of a party who properly moves for a discovery conference to prompt convening of the conference, the Court may combine the discovery conference with a pretrial conference authorized by Rule 16.
(g) Signing of discovery requests, responses, and objections. Every request for discovery or response or objection thereto made by a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the request, response, or objection and state the party’s address. The signature of the attorney or party constitutes a certification that the signer has read the request, response, or objection, and that to the best of the signer’s knowledge, information, and belief formed after a reasonable inquiry it is:
(1) Consistent with these rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (3) not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation. If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response or objection and a party shall not be obligated to take any action with respect to it until it is signed. If a certification is made in violation of the rule, the Court, upon motion, or upon its own initiative, shall impose upon the person who made the certification, the party on whose behalf the request, response, or objection is made, or both, an appropriate sanction, which may include an order to pay the amount of the reasonable expenses incurred because of the violation, including a reasonable attorney’s fee.
Amendment History
Amended, effective July 1, 1970; Nov. 1, 1984; Jan. 1, 1991; Dec. 1, 1997; Sept. 4, 2014; Oct. 1, 2015; June 27, 2019, effective Aug. 1, 2019.
Plain-English Summary
Rule 26(a) lists the toolkit: oral or written depositions, written interrogatories, requests to produce documents or things or to enter land for inspection, physical and mental examinations, and requests for admission. Rule 26(b)(1) then draws the boundary around all of them. Parties can discover any non-privileged matter that's relevant to a claim or defense and proportional to the needs of the case, including the existence, description, and location of documents, electronically stored information, and tangible things, and the identity of people who know something relevant. That information doesn't have to be admissible at trial to be discoverable. The court steps in and limits discovery on its own initiative or on motion when the request is cumulative or available more easily elsewhere, when the requesting party has already had ample opportunity to get it, or when it isn't proportional once you weigh what's at stake, the amount in controversy, each side's access to information and resources, and whether the burden outweighs the likely benefit.
Several paragraphs protect material a lawyer develops for a case. Rule 26(b)(3) shields documents and things a party or its representative prepared in anticipation of litigation unless the requesting party shows substantial need and an inability to get the equivalent elsewhere without undue hardship, and even then the court has to protect an attorney's mental impressions, conclusions, opinions, and legal theories. Rule 26(b)(4) splits expert discovery in two: a party can use interrogatories to learn the subject matter, facts, opinions, and grounds behind an expert who will testify at trial, but discovery from a non-testifying expert requires exceptional circumstances. Rules 26(b)(5) and (b)(6) extend that same protection to draft reports and to most communications between a party's attorney and an expert witness, carving out only communications about the expert's compensation, the facts or data the attorney gave the expert, and the assumptions the attorney provided.
Rule 26(b)(7) requires a party withholding material as privileged or protected to say so expressly and describe what's being withheld well enough for the other side to test the claim without giving away what the privilege protects. Rule 26(c) backs all of this with protective orders: on a showing of good cause, the court can bar discovery altogether, limit its terms, restrict who can be present, or require sealed filings, to guard against annoyance, embarrassment, oppression, or undue burden or expense. Rule 26(d) lets discovery proceed in any sequence unless the court orders otherwise, and Rule 26(e) requires a party to correct a response it later learns was incorrect or has become untrue in a way that amounts to concealment.
Rule 26(f) lets the court call a discovery conference at any point after the case begins, and requires one when an attorney's motion lays out the issues, a proposed discovery plan and schedule, proposed limits, and proof of a real effort to reach agreement with the other side first. Rule 26(g) closes the rule with a certification requirement: every discovery request, response, and objection needs a signature, and that signature certifies the document is warranted by existing law, isn't meant to harass or run up costs, and isn't unreasonable or unduly burdensome given the case. An unsigned document gets struck unless it's signed promptly once the omission is flagged, and a violation of the certification can draw sanctions, including the other side's expenses.
Frequently Asked Questions
What information can I get through discovery under Delaware's rules?
Rule 26(b)(1) allows discovery of any non-privileged matter relevant to a party's claim or defense and proportional to the needs of the case, including the existence and location of documents, electronically stored information, and tangible things. It isn't a valid objection that the information sought would be inadmissible at trial.
Can a court cut off discovery that's become excessive?
Yes. Rule 26(b)(1) directs the court to limit discovery that's unreasonably cumulative or available more easily elsewhere, sought by a party that's already had ample opportunity to obtain it, or disproportionate once the court weighs the stakes, the amount in controversy, and the burden against the likely benefit.
Are my attorney's notes and impressions about my case protected from discovery?
Yes. Rule 26(b)(3) shields materials an attorney or representative prepared in anticipation of litigation, and even where a showing of substantial need overcomes that protection, the court still has to guard the attorney's mental impressions, conclusions, opinions, and legal theories from disclosure.
What do I have to disclose about an expert witness before trial?
Rule 26(b)(4)(A)(i) lets the other side use interrogatories to require you to identify each expert you expect to call at trial, the subject matter of the testimony, and the substance of the facts and opinions along with a summary of the grounds for each opinion.
What do I have to do if I'm withholding a document as privileged?
Rule 26(b)(7) requires you to claim the privilege or protection expressly and describe the nature of the withheld document, communication, or thing in enough detail for the other side to assess the claim, without revealing the protected information 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 discovery rulesscope of discovery delaware civil procedureproportionality discovery delawareattorney work product delawareexpert witness discovery delawareprivilege log delaware civil rules