[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Clerk of the Court [Delaware Court Name] [Delaware Court Address] [City, State, ZIP] Re: Joint Motion for Leave to Propound Additional Discovery Case Name/Number: [Provide relevant case name and number] Dear Clerk, I hope this letter finds you in good health and high spirits. I am writing to file a Joint Motion for Leave to Propound Additional Discovery in the aforementioned case. We kindly request the court's permission to expand the scope of discovery for the following reasons: 1. Background/Introduction: Provide a brief overview of the case, including the parties involved, the nature of the dispute, and any relevant background information. 2. Discovery Status: Briefly summarize the current discovery process, including the type and extent of discovery already propounded by both parties. 3. Purpose and Relevance of Additional Discovery: Clearly state the purpose and relevance of the proposed additional discovery, explaining how it contributes to the development of a comprehensive and accurate understanding of the facts and issues at hand. Highlight how this extra discovery will facilitate a fair and just resolution for all parties involved. 4. Description of Additional Discovery: Outline the specific details of the proposed additional discovery. This may include document requests, interrogatories, requests for admission, depositions, or any other relevant forms of discovery. Be thorough in explaining the necessity and potential impact of each requested item. 5. Collaboration and Agreement: If applicable, state that both parties are in agreement with the joint motion and emphasize the collaborative and cooperative nature of this request. Include any supporting documentation, such as a signed Joint Stipulation or agreement in writing between the parties. 6. Legal Basis and Compliance: Cite the relevant statutes, rules, or case law supporting the request for additional discovery. Show that the motion is in conformity with the rules and procedures of the Delaware court. 7. Proposed Schedule: Suggest a realistic and reasonable timeline for completing the additional discovery, including deadlines for the completion of specific tasks and the subsequent filing of necessary motions. 8. Conclusion: Express gratitude for the court's attention and consideration of this joint motion. Provide contact information should the court require any additional information or have any further inquiries regarding the motion. Thank you for your attention to this matter. We trust the court will recognize the merits of our joint motion and grant us leave to propound additional discovery. We remain at your disposal for any further clarification or documentation you may require. Sincerely, [Your Name] cc: [Opposing Counsel's Name] [Opposing Counsel's Address]
Delaware Sample Letter to Clerk for filing Joint Motion for Leave to Propound Additional Discovery
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How to fill out Delaware Sample Letter To Clerk For Filing Joint Motion For Leave To Propound Additional Discovery?
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-- Rule 26 protects communications between the party's attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications: (i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the ...
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
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.
Motion to Compel Discovery ? A party's request that the Court order the party's opponent to respond to the party's discovery request. Discovery in a lawsuit is a way to learn more about your opponent's case.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
A Motion to Compel Discovery may be filed by any interested party to request the court order an opposing party or a third party to produce a response to a discovery request for documentation or information.
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 answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
