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Delaware Simple Motion to Amend Complaint and Notice of Motion

Category:
Civil Procedure - Complaints - Amendments
State:
Multi-State
Control #:
US-01061BG
Format:
Word; 
Rich Text
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Description

According to Rule 15 of the Federal Rules of Civil Procedure (FRCP), a party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.


Most states have adopted these procedural rules for state action in one form or another.

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  • Preview Simple Motion to Amend Complaint and Notice of Motion
  • Preview Simple Motion to Amend Complaint and Notice of Motion
  • Preview Simple Motion to Amend Complaint and Notice of Motion

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FAQ

- No depositions shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

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.

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

Motion to Amend the Complaint ? A party's request that the Court permit the party to change a Complaint previously filed with the Court. Motion to Compel Discovery ? A party's request that the Court order the party's opponent to respond to the party's discovery request.

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.

(B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b) or upon a showing of exceptional circumstances ...

Rule 32 - Stays and injunctions pending appeal; security for such stays or injunctions (a)Stay or injunction pending appeal. -Except in a challenge to a final award under the Delaware Rapid Arbitration Act, a motion for stay must be filed in the trial court in the first instance.

(b) Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and other condition of mind of a person may be averred generally.

Delaware Simple Motion to Amend Complaint and Notice of Motion Related Searches

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