Delaware State Court Request for Production of Documents

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [____________] COUNTY

C.A. No.: [____________]

[PROPOUNDING PARTY]'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO [RESPONDING PARTY]

TO: [RESPONDING PARTY NAME], and its attorney(s) of record, [OPPOSING COUNSEL NAME].

Pursuant to Rule 34 of the Delaware Superior Court Rules of Civil Procedure ("Del. Super. Ct. Civ. R."), [PROPOUNDING PARTY] ("Requesting Party") hereby requests that [RESPONDING PARTY] ("Responding Party") produce and permit the inspection, copying, testing, or sampling of the documents, electronically stored information ("ESI"), and tangible things described below, each of which is in the possession, custody, or control of the Responding Party and within the scope of discovery under Del. Super. Ct. Civ. R. 26(b).

Time for Response. A written response is required within thirty (30) days after service of this Request, except that a defendant may serve a response within forty-five (45) days after service of the summons and complaint upon that defendant. Del. Super. Ct. Civ. R. 34(b). The Court may allow a shorter or longer time.

Place and Manner of Production. Make responsive materials available for inspection and copying at [ADDRESS OR SECURE EXCHANGE METHOD] on [DATE] at [TIME], or at another reasonable time and place agreed by the parties. Unless this Request expressly requires inspection, the Responding Party may state that it will produce copies instead, with production completed by the stated inspection time, another reasonable time stated in the response, or a time agreed by the parties. Del. Super. Ct. Civ. R. 34(b).

I. DEFINITIONS

The following definitions apply to each Request and are deemed incorporated into each numbered Request below.

1. "Document" is used in the broadest sense permitted by Del. Super. Ct. Civ. R. 34(a) and includes any writing, drawing, graph, chart, photograph, phono-record, sound recording, image, and other data or data compilations from which information can be obtained, translated if necessary by the Responding Party through detection devices into reasonably usable form. The term includes originals, drafts, and non-identical copies bearing any notation or marking.

2. "Electronically Stored Information" or "ESI" means any information created, stored, or utilized in digital or electronic form, including email, text and instant messages, word-processing files, spreadsheets, databases, calendars, voicemail, metadata, server and cloud-based data, social-media content, and any associated system or application data.

3. "Communication" means any transmission of information of any kind, whether oral, written, or electronic, including letters, memoranda, emails, text messages, notes, and records of telephone or in-person conversations.

4. "You," "Your," and "Responding Party" mean [RESPONDING PARTY NAME], including materials within that party's possession, custody, or control.

5. "Person" means any natural person, corporation, partnership, limited liability company, association, governmental entity, or other organization.

6. "Relating to," "relate to," or "concerning" means referring to, describing, evidencing, or discussing the specified subject, within Rule 26(b)(1)'s relevance and proportionality limits.

7. "The Action" means the above-captioned lawsuit.

8. "Relevant Period" means the period from [__/__/____] through the present, unless otherwise specified in a particular Request.

9. "Identify" (with respect to a Document) means to state its title or description, date, author(s), recipient(s), type, Bates number (if assigned), and present custodian or location.

II. INSTRUCTIONS

1. Manner of Production. Produce each responsive Document as it is kept in the usual course of business, or organize and label the Documents to correspond with the categories in these Requests. Del. Super. Ct. Civ. R. 34(b).

2. Format of ESI. Produce ESI in the form reasonably specified in an applicable numbered request. If no form is specified, or a specified form is unreasonable, produce it as ordinarily maintained or in a reasonably usable form. Absent good cause, the same material need not be produced in more than one form. Del. Super. Ct. Civ. R. 34(d).

3. Scope and Proportionality. Each Request is limited to nonprivileged matter relevant to a party's claim or defense and proportional to the needs of this Action. Del. Super. Ct. Civ. R. 26(b)(1).

4. Privilege Claims. If You withhold otherwise discoverable material as privileged or trial preparation material, expressly claim the protection and describe the withheld material without disclosing protected information, so the other parties can assess the claim. Del. Super. Ct. Civ. R. 26(b)(7).

5. Objections. If You object to any Request, state the grounds for the objection with specificity. An objection must state whether You are withholding or intend to withhold any responsive materials on the basis of that objection, and You are under a duty to supplement Your response to the extent You subsequently determine that responsive material will be withheld on the basis of an objection. If You object to part of a Request, specify the objectionable part and permit inspection of the remaining parts. Del. Super. Ct. Civ. R. 34(b).

6. Supplementation. Supplement or amend responses when Rule 26(e)(1) or (2) requires it, or when a court order, party agreement, or new request imposes that duty under Rule 26(e)(3). If You later determine that responsive material will be withheld on an objection, supplement the response as Rule 34(b) requires.

7. Failure to Respond. A failure to produce, respond, or permit inspection may be addressed through a motion under Del. Super. Ct. Civ. R. 37(a), subject to that rule's motion requirements.

III. REQUESTS FOR PRODUCTION

Request No. 1

All Documents and Communications relating to [SUBJECT MATTER / TRANSACTION / EVENT AT ISSUE] during the Relevant Period.

Request No. 2

All contracts, agreements, amendments, addenda, and related drafts between You and [____________] relating to [SUBJECT MATTER].

Request No. 3

All Communications between You and [OPPOSING PARTY / NAME] concerning the subject matter of the Action, including all email, text messages, and letters.

Request No. 4

All Documents that You contend support, evidence, or relate to the allegations, claims, or affirmative defenses asserted by You in the Action.

Request No. 5

All Documents that refer or relate to the formation, performance, breach, or termination of the [AGREEMENT / RELATIONSHIP] at issue.

Request No. 6

All financial records relating to the damages claimed in the Action, including invoices, statements, ledgers, accounting records, and records of payment, for the period [__/__/____] through [__/__/____].

Request No. 7

All Documents supporting Your computation of damages (or, if You are the Responding Party defending the claim, all Documents that refute or mitigate the damages alleged), including the method of calculation and underlying data.

Request No. 8

All ESI — including email, text messages, and electronic files — relating to [SUBJECT MATTER], produced in [SPECIFY FORM, E.G., SINGLE-PAGE TIFF WITH LOAD FILE AND EXTRACTED TEXT / NATIVE FORMAT WITH METADATA], or in another reasonably usable form pursuant to Del. Super. Ct. Civ. R. 34(d).

Request No. 9

All insurance agreements under which any person carrying on an insurance business may be liable to satisfy all or part of a possible judgment in the Action or to indemnify or reimburse for payments made to satisfy the judgment, together with any reservation-of-rights or coverage-position correspondence.

Request No. 10

All photographs, video recordings, audio recordings, diagrams, or other visual or tangible depictions relating to the [INCIDENT / PROPERTY / CONDITION] at issue.

Request No. 11

Nonprivileged Documents identifying persons with firsthand knowledge of [SPECIFIC DISPUTED EVENT], excluding protected trial preparation material.

Request No. 12

Nonprivileged expert materials concerning [SPECIFIC ISSUE], to the extent discoverable under Rule 26(b)(4) and any case management order.

Request No. 13

All Documents and Communications relating to any investigation conducted by or on behalf of You concerning the events giving rise to the Action.

Request No. 14

All Documents relating to any prior or subsequent claim, demand, lawsuit, or settlement involving the same subject matter, parties, or transaction at issue.

Request No. 15

All organizational documents, corporate records, policies, manuals, or guidelines of the Responding Party relating to [RELEVANT PRACTICE / STANDARD / PROCEDURE].

Request No. 16

Nonprivileged document retention policies in effect during [PERIOD] that governed records concerning [SPECIFIC SUBJECT].

Request No. 17

All Documents You intend to introduce as exhibits at any hearing or trial of the Action.

Request No. 18

All Documents relating to [ADDITIONAL CUSTOM CATEGORY — DESCRIBE WITH REASONABLE PARTICULARITY].

Request No. 19

All Documents relating to [ADDITIONAL CUSTOM CATEGORY — DESCRIBE WITH REASONABLE PARTICULARITY].

IV. NOTE ON RESPONSE DEADLINE AND SCOPE

A written response is due within 30 days after service, except that a defendant may respond within 45 days after service of the summons and complaint; the Court may allow a different time. Del. Super. Ct. Civ. R. 34(b). If service is by mail, Rule 6(e) adds three days to a prescribed period measured from service. The responding party must address each item or category and state specific reasons for any objection. Del. Super. Ct. Civ. R. 34(b).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[Delaware Bar No. ____________]
[Firm Name]
[Street Address]
[City, State ZIP]
[Phone] | [Email]

VI. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of ______________, 20____, I served a true and correct copy of the foregoing [PROPOUNDING PARTY]'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS upon all counsel of record (or upon unrepresented parties) by a method authorized under Del. Super. Ct. Civ. R. 5(b), as follows:

☐ Electronic service, if authorized for this recipient
☐ Email, if authorized for this recipient
☐ U.S. Mail, first-class, postage prepaid
☐ Hand delivery
☐ Other: [____________]

Addressed to:

[OPPOSING COUNSEL / PARTY NAME]
[Street Address]
[City, State ZIP]
[Email]

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[Delaware Bar No. ____________]

SEPARATE NOTICE OF SERVICE (FILE THIS NOTICE; DO NOT FILE THE REQUEST)

In the Superior Court of the State of Delaware, in and for [COUNTY] County
C.A. No.: [____________]

NOTICE OF SERVICE OF REQUEST FOR PRODUCTION

Counsel for [PROPOUNDING PARTY] certifies that on [DATE], [PROPOUNDING PARTY]'s [FIRST/SECOND] Request for Production of Documents to [RESPONDING PARTY] was served on [COUNSEL OR PARTY NAMES] by [MANNER OF SERVICE]. This Notice states the form of discovery served and its date and manner of service under Del. Super. Ct. Civ. R. 5(d)(1).

Date: [DATE]

Signature: ___________________________

[ATTORNEY NAME], Delaware Bar No. [______]
Attorney for [PROPOUNDING PARTY]

SOURCES & REFERENCES

• Delaware Superior Court Civil Rules, current official compilation: Rules 5(b), 5(d)(1), 6(e), 26(b)(1), (b)(2), (b)(4), (b)(7), 26(e), 34, and 37(a).