Civil Procedure Flashcards

During discovery in Delaware Superior Court, a party fails to respond to interrogatories. What must the requesting party generally do before moving to compel?

Answer: Make a good faith effort to resolve the dispute with opposing counsel and certify that effort to the court

Delaware rules require counsel to confer in good faith and certify the effort before seeking court intervention on discovery disputes.

A case is filed in Delaware Superior Court in Kent County, but the contract at issue was signed and performed entirely in New Castle County where all parties reside. What is the defendant's proper objection?

Answer: None based on county alone, because Superior Court venue lies statewide and objections go to forum convenience, not jurisdiction

The Superior Court is a single statewide court, so filing in a different county raises at most a discretionary transfer issue, not a jurisdictional defect.

Under Court of Chancery practice, what is a 'status quo order' most commonly used for?

Answer: Preserving existing corporate governance arrangements while an expedited dispute over control is litigated

Status quo orders in Chancery typically maintain the existing board and management structure during expedited corporate control disputes.

A plaintiff in Delaware Superior Court wants to voluntarily dismiss the action after the defendant has answered. Under Rule 41(a), what is required?

Answer: A stipulation signed by all parties or a court order

After an answer or summary judgment motion is filed, voluntary dismissal requires either a stipulation of all parties or court approval under Rule 41(a).

In Delaware, which statement about summary judgment practice in the Superior Court is correct?

Answer: Summary judgment is granted only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law, viewing facts in the light most favorable to the non-movant

Rule 56 requires the absence of any genuine issue of material fact, with all reasonable inferences drawn in the non-movant's favor.

Which mechanism allows the Delaware Supreme Court to answer questions of Delaware law certified to it by federal courts and certain other tribunals?

Answer: Certification of questions of law under Article IV, Section 11(8) of the Delaware Constitution and Supreme Court Rule 41

The Delaware Constitution and Supreme Court Rule 41 permit the court to accept certified questions of law from federal courts, the SEC, and other specified tribunals.

A defendant wants to bring into the case a non-party who may be liable to the defendant for all or part of the plaintiff's claim. Which device applies in Delaware Superior Court?

Answer: Third-party practice (impleader) under Rule 14

Rule 14 impleader allows a defending party to serve a complaint on a non-party who is or may be liable for all or part of the claim against it.