Delaware Amended Complaint - Medical Malpractice

State:
Multi-State
Control #:
US-CMP-10019
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.
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  • Preview Amended Complaint - Medical Malpractice
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Rule 50 - Judgment as a matter of law in actions tried by jury; alternative motion for new trial; conditional rulings (a) Judgment as a matter of law.

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court any time of its own initiative, or on motion of any party and after such notice, if any, as the Court orders.

Rule 62. Stays by trial court and on appeal ?(a) Automatic stay. ? Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry. (c) Stay and supersedeas on appeal from lower court.

59. Rule 59 - New Trials (a) Grounds. A new trial may be granted to all or any of the parties, and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity.

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 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 ...

Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.

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Delaware Amended Complaint - Medical Malpractice