University of Denver

Delaware Court of Chancery: Rule Changes and Discovery Guidelines

The Delaware Court of Chancery amended its Rules regarding discovery on January 1, 2013 to “account for modern discovery demands” and to bring the Court’s rules in line with “current practice.” The amendments to Rules 26, 30, 34, and 45 incorporate “electronically stored information” into the rules, consistent with similar changes that have been made to the Federal Rules of Civil Procedure. The Court has also expanded its Guidelines To Help Practitioners In The Court of Chancery to include guidelines regarding discovery. The Guidelines now provide thorough guidance to practitioners on preservation, collection, review, production, privilege review, privilege logs, written discovery, discovery from third parties, and discovery disputes.

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