Effective May 1, 2010, the Superior Court of Delaware created a Complex Commercial Litigation Division. The Division’s rules address how e-discovery is handled in these cases (see Appendix B, below). The rules include a mandatory meet and confer conference, require submission of a discovery plan, direct the court to enter an order governing ESI discovery, address limitations on discovery, and include a safe harbor clause. On January 1, 2011 and August 9, 2011, the Superior Court of Delaware ordered changes to Rule 16 to provide for compulsory ADR when the Court deems fit. The Ad Hoc Committee for Electronic Discovery of the U.S. District Court, District of Delaware developed a default standard for the discovery of electronic documents. These default standards apply if the parties cannot reach a consensual agreement in the Rule 16 scheduling conference.
Apply only to complex commercial litigation (see below, Appendix B).