by Delaware Court of Chancery
The Court of Chancery amended its Rules regarding discovery, effective January 1, 2013. Rules 26, 30, 34 and 45 were updated to account for modern discovery demands and will bring the Court’s rules in line with current practice. The amendments refer to discovery of “electronically stored information” (“ESI”) in addition to “documents” and “tangible things,” and explain how parties should respond to requests for ESI. These changes are consistent with similar amendments to the Federal Rules of Civil Procedure. Rule 26(c) also was revised to make clear that an out-of-state non-party from whom discovery is sought may move for a protective order in this state.