For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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Grounds for bringing a derivative claim The duty to act in the company's best interests. The duty to exercise reasonable care, skill and diligence. The duty to promote the success of the company. The duty to declare an interest in a proposed transaction or arrangement.
Rule 3. (aa) Verification. All complaints, counterclaims, cross-claims and third-party complaints, and any amendments thereto, shall be verified by each of the parties filing such pleading.
Each Justice is obligated to decide all assigned matters within 90 days of submission. If any matter is pending before a Justice beyond 90 days, that Justice must file a report with the Chief Justice by the 10th day of the next month with an explanation for the delay.
Section 225 - Contested election of directors; proceedings to determine validity (a) Upon application of any stockholder or director, or any officer whose title to office is contested, the Court of Chancery may hear and determine the validity of any election, appointment, removal or resignation of any director or ...
In ordering discovery of such materials when the required showing has been made, the Court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
Sign the POA in the Presence of a Notary Public and a Witness. As mentioned above, you can't simply sign the document and call it a day. In Delaware, you must notarize the POA and have it witnessed by someone who fits the requirements set out in Delaware law.
If a derivative plaintiff or derivative counsel fails to adequately represent the interests of the entity in pursuing the derivative action, then the Court may dismiss the derivative action without prejudice, replace the derivative plaintiff or derivative counsel, or make further orders as warranted.
When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is ...
