Delaware Sample Letter for Request to Issue Summons by Publication [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Delaware Clerk of the Court] [Delaware County Courthouse] [Address] [City, State, Zip Code] Subject: Request for Issuing Summons by Publication in the Matter of [Case Title] Dear Clerk of the Court, I am writing to request the issuance of summons by publication for a pending legal matter in the State of Delaware. The details of the case are as follows: Case Title: [Provide the complete title of the case] Case Number: [Specify the assigned case number, if available] Plaintiff's Name: [Provide the plaintiff's full legal name] Defendant's Name: [Provide the defendant's full legal name] In accordance with the Delaware Court Rules, particularly Rule [XXX], we request the issuance of summons by publication due to the inability to serve the defendant personally. Despite diligent efforts and various attempts made to locate the defendant, their current whereabouts remain unknown. We believe that issuing a summons by publication will be the most effective method to ensure that the defendant is notified of the legal proceedings against them. The summons should be published in a widely circulated newspaper in the jurisdiction where the defendant was last known to reside or where the cause of action occurred. We kindly request that the summons by publication include the following information: 1. The complete case title and number for easy identification. 2. A brief statement explaining the nature of the lawsuit. 3. The date by which the defendant must respond to the summons. 4. Contact information for the court clerk or attorney handling the case. 5. Any additional instructions or requirements specific to your jurisdiction. We understand that there may be fees associated with issuing the summons by publication, and we are prepared to cover these costs as necessary. Please let us know the total amount and the preferred payment method. Furthermore, we request that upon completion of the publication process, the newspaper provides us with an Affidavit of Publication or an equivalent document, which we will submit to the court as proof of compliance with the service requirements. We appreciate your prompt attention to this matter and the assistance you provide in ensuring a fair and just legal process for all parties involved. If you require any additional information or documentation, please do not hesitate to contact me at the provided contact details. Thank you for your cooperation. Yours sincerely, [Your Name]
Delaware Sample Letter for Request to Issue Summons by Publication
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The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...
Rule 12. Attorneys of record; withdrawal. (i) Original signature by Delaware attorney. ?Except in the case of a party appearing pro se, all papers filed with the Court shall be signed by an attorney who is an active member of the Bar of this Court and who maintains an office in Delaware for the practice of law.
The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.
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 ...
-The failure to seek review of or the refusal of the Court to accept an appeal from an interlocutory order under this rule shall not bar a party from seeking review of such interlocutory order on appeal from the final order, judgment or decree.
Rule 41. Dismissal of Actions. Federal Rules of Civil Procedure. US Law.
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.
