Delaware Civil Procedure

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Commonly Asked Questions about Delaware Civil Procedure

What is the rule 33 in Delaware?

The court on motion of a defendant may grant a new trial to that defendant if required in the interest 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.

What is Rule 50 Delaware?

A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

What is the rule 45 in Delaware?

A subpoena may be served by the sheriff, by the sheriffs deputy or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Rule 45 - Subpoena, Del. R. Ch. Ct. 45 | Casetext Search + Citator Casetext court-of-chancery-rules trials r Casetext court-of-chancery-rules trials r

What is Rule of Civil Procedure 30 in Delaware?

Rule 30 - Depositions upon oral examination (a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Rule 30 - Depositions upon oral examination, Del. R. Civ. P. Super Casetext rule depositions-and-discoery r Casetext rule depositions-and-discoery r

How much does it cost to file a civil suit in Delaware?

Effective December 1, 2023 Filing Fee - Civil Action$ 405.00 Filing Fee - Appeal to a District Judge from a judgement of conviction by a Magistrate Judge in a misdemeanor case $ 41.00 Filing Fee - Miscellaneous Case $ 52.00 Foreign Deposition $ 52.00 Power of Attorney $ 52.0019 more rows Fee Schedule | District of Delaware | United States District Court District of Delaware fee-schedule District of Delaware fee-schedule

What is a rule 45 subpoena?

Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.

What is the rule against perpetuities in Delaware tax trap?

The Delaware Tax Trap I.R.C. Section 2041(a)(3) Laws 198, 1 (1933). This allowed for indefinite successive exercises of nongeneral powers of appointment within the permissible period, thereby avoiding a violation of the rule against perpetuities and the imposition of estate tax for generations.