§ RULE 127. DEPOSITIONS AND DISCOVERY

Codes > Delaware Superior Court Rules of Civil Procedure > XV. Rules > RULE 127.

RULE 127. DEPOSITIONS AND DISCOVERY

(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.

(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.

(h) Completion of fact discovery. Unless otherwise ordered by the Court, all fact discovery, except for discovery contemplated by Rule 129, shall be completed within 180 days after the filing of the last answer.

(i) Completion of expert discovery. Unless otherwise ordered by the Court, all discovery with respect to expert witnesses, except for discovery contemplated by Rule 129, shall be completed within 60 days after completion of the fact discovery pursuant to subsection (h) of this Rule.