Delaware New Case Investigation Checklist

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Control #:
US-TS10063
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This form is a New Case Investigation Checklist usable in cases where licensing, patents, or commercial trade secrets are an issue.

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FAQ

Rule 9 - Pleading Special Matters (a) Capacity. It is not necessary to allege the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.

The Delaware Supreme Court defined bad faith as ?where the fiduciary intentionally acts with a purpose other than that of advancing the best interests of the corporation, where the fiduciary acts with the intent to violate applicable law, or where the fiduciary intentionally fails to act in the face of a known duty to ...

Rule 25 - Substitution of parties (a) Death. (1) If a party dies and the claim is not thereby extinguished, the Court may order substitution of the proper parties.

Rule 9 - The record (a) Record - Contents. -An appeal shall be heard on the original papers and exhibits which shall constitute the record on appeal. (aa) Sanctions for failure to pay the record preparation and transmittal fee.

Rule 9. Upon the request of the attorney general a summons instead of a warrant shall issue. If no request is made, the court may issue either a warrant or a summons in its discretion. More than one warrant or summons may issue for the same defendant.

An attorney representing a party who will not be filing a document shall enter a separate notice of appearance as counsel of record indicating the name of the party represented. A separate notice of appearance shall also be entered whenever an attorney is substituted as counsel of record in a particular case.

Any attorney who practices law in Delaware and who, by act or omission undertaken on behalf of a Professional Organization, causes the Professional Organization to act or fail to act in any way that violates the standards or rules of this Court shall subject to disciplinary action.

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.

-- 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 52. ?No person shall be admitted to the Bar unless the applicant shall have qualified by producing evidence satisfactory to the Board: (1) Character and aptitude.

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Delaware New Case Investigation Checklist