Vermont Sample Letter regarding Motion to Dismiss on Shareholder Derivative Claims
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How to fill out Sample Letter Regarding Motion To Dismiss On Shareholder Derivative Claims?
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The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 42 days after service of the summons and complaint upon that defendant.
RULE 17. (a) For Attendance of Witnesses; Form; Issuance. A subpoena must be issued provided by the clerk, a judge, or a member of the Vermont bar.
Rule 29 - Motion for Judgment of Acquittal (a)Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.
Further, a derivative claim can generally only be brought by minority shareholders, whereas any person who is a member of a company ? including majority shareholders ? can bring an unfair prejudice claim.
Rule 5 - Appearance Before a Judicial Officer (a)In General. When a person arrested with or without a warrant, or served a citation or summons, is brought or appears before a judicial officer as provided in Rules 3 and 4, the judicial officer shall proceed in ance with this rule.
