The Delaware Court of Chancery has amended its Rules regarding discovery, effective 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 now 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, originally released in 2012, to include guidelines regarding discovery. The Guidelines are a thoughtful resource for attorneys conducting, and overseeing, discovery of electronically stored information. In addition to helpful guidance on everything from preservation to privilege review and production, the guidelines also offer practitioners the following practical advice: “The goose and gander rule is typically a good starting point for constructive discovery solutions. Through good faith discussion, the parties will better understand the basis for each other’s production of privileged documents, reduce disputes based on misunderstandings, and foster a more efficient production process.”