Detailed Answer
1. Overview of Subpoenas in Delaware
A subpoena duces tecum compels production of documents or records in legal proceedings. In Delaware, you use a court-ordered subpoena under Superior Court Rule 45 or Court of Chancery Rule 45. These rules mirror Federal Rule of Civil Procedure 45 and authorize a court clerk to issue a subpoena after a party files a request. You can review the rule at Del. Super. Ct. R. 45.
2. Accessing Estate Records
Estate records in Delaware become public once the Register of Wills processes probate documents. This office holds the will, inventories, accountings, and related filings. You can usually request copies directly. Title 12 Del. C. § 1912 explains the public’s right to inspect these records: 12 Del. C. § 1912.
3. Requesting a Court-Ordered Subpoena
If the custodian refuses your request or you lack statutory access, follow these steps:
- File a Motion or Petition. Submit a short motion to the Superior Court or Court of Chancery explaining your need for specific estate records.
- Obtain a Subpoena Form. After the judge signs your order, secure a subpoena duces tecum form from the clerk’s office. List the custodian’s name and address along with a detailed description of the documents.
- Serve the Subpoena. Hire a non-party process server or sheriff to deliver the subpoena. The server must complete proof of service and return it to the court clerk.
4. Compliance and Enforcement
The custodian must produce the requested records by the date specified in the subpoena. If they fail to comply, you can file a motion to compel under Rule 45(g). The court may impose sanctions or quash the subpoena if it is overly broad or unduly burdensome.
5. Practical Tips
Draft a precise description of each document to avoid objections. Confirm whether any protective orders or privacy rules apply. Keep copies of all filings and service papers to track deadlines.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Identify the correct county Register of Wills office before filing.
- Review local court fee schedules for filing and service costs.
- Use exact date ranges, names, and file numbers when describing records.
- Confirm who qualifies as a “custodian” under Delaware rules.
- File any objections promptly to avoid waiver.