Civil Procedure Flashcards

Under Supreme Court Rule 42, what must a party seeking interlocutory review of a Delaware trial court order first do?

Answer: Apply to the trial court for certification of the interlocutory appeal before seeking acceptance by the Supreme Court

Rule 42 requires the appellant to first seek certification from the trial court, after which the Supreme Court decides in its discretion whether to accept the appeal.

In Delaware, a plaintiff seeking a preliminary injunction in the Court of Chancery must demonstrate which combination of elements?

Answer: Reasonable probability of success on the merits, imminent irreparable harm, and a balance of equities favoring relief

Chancery requires a reasonable probability of merits success, a threat of imminent irreparable injury, and that the balance of hardships tips in the movant's favor.

A judgment debtor in Delaware wants to stay execution of a money judgment pending appeal to the Supreme Court. What is generally required?

Answer: Approval of a supersedeas bond or other security sufficient to protect the judgment creditor

A stay of a money judgment pending appeal generally requires a supersedeas bond or equivalent security approved by the court.

Under Delaware's compulsory counterclaim rule, what happens if a defendant fails to assert a claim arising out of the same transaction as the plaintiff's claim?

Answer: The claim is generally barred from being raised in a later action

Under Rule 13(a), a compulsory counterclaim not pleaded is generally waived and barred in subsequent litigation.

The Delaware Rapid Arbitration Act (DRAA) is best described as providing what?

Answer: A streamlined, expedited arbitration process for business disputes with strict deadlines and limited judicial review

The DRAA offers sophisticated business parties a fast-track arbitration with default 120-day resolution deadlines and narrow review by the Delaware Supreme Court.

A non-Delaware resident accepts a directorship of a Delaware corporation. Under 10 Del. C. § 3114, what is the jurisdictional consequence?

Answer: The director impliedly consents to personal jurisdiction in Delaware for suits involving their conduct as a director

Section 3114 provides that accepting a directorship of a Delaware corporation constitutes implied consent to Delaware jurisdiction for claims tied to that role.

In Delaware Superior Court, which statement about the doctrine of forum non conveniens is accurate?

Answer: Dismissal requires the defendant to show overwhelming hardship under the Cryo-Maid factors when the Delaware action is first-filed

Delaware applies the Cryo-Maid factors and requires a first-filed Delaware defendant to demonstrate overwhelming hardship to obtain dismissal.