A judgment may be declared void if a court did not have person jurisdiction over the defendant. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Delaware Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process
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At any time more than 10 days before the trial begins a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the offer, with costs then accrued.
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.
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.
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.
Rule 37 - Failure to Make Discovery: Sanctions (a) Motion for order compelling discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate court.
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.
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.
A defendant against whom a default judgment has been entered may file a motion to vacate the default judgment. The motion should be on a Civil Form 11 (Request for Motion Hearing). If you are using a Form 11 that you obtained online, you should make four copies of the Form.