Delaware Instruction to Jury as to When Demand is not Necessary in Constituting Conversion

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US-01359BG
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Description

A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.

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Rule 16 - Discovery and inspection (a)General Provisions (1) A party may satisfy the requirement to permit the opposing party to inspect, copy, or photograph any item designated herein by providing a duplicate, facsimile, or copy of the item in compliance with applicable time limits and redaction standards under this ...

- A counterclaim or crossclaim of which any party may be aware prior to the commencement of the trial on the plaintiffs claim, should be filed by the party in writing no later than five (5) days prior to the time and date of trial.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

Rule 4. -- Upon the commencement of an action, the Prothonotary shall forthwith issue the process specified in the praecipe and shall deliver it for service to the sheriff of the county or counties specified in the praecipe or to a person especially appointed by the Court to serve it.

A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made.

Rule 19 - Mandate (a)When issued - Motion for reargument - Stay. -In each case finally determined, a mandate, certified copy or other appropriate process, with a certified copy of the opinion or order, notice of dismissal or stipulation of dismissal shall be issued to the trial court.

Rule 17 - Opinions and orders (a)Final decisions. -All decisions finally determining or terminating a case shall be made by written opinion, or by written order, as determined by the Court. (b)Filing. -Each written opinion or order of the Court shall be filed with the Clerk.

A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been set for trial, the party may so amend it any time within 20 days after it is served.

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Delaware Instruction to Jury as to When Demand is not Necessary in Constituting Conversion