Subject: Delaware Sample Letter for Second Motion for Examination of Judgment — Debtor Dear [Debtor's Name], I hope this letter finds you well. We are writing to inform you about a vital legal proceeding related to the judgment against you. This motion concerns the second request to examine your financial assets, intended to ensure compliance with the previous court order. Please carefully review the following details and act accordingly within the stipulated time frame. Delaware Sample Letter for Second Motion for Examination of Judgment — Debtor: 1. Introduction: Begin by addressing the debtor courteously, using their name and title (if applicable). Clearly state the purpose of the letter, which is to inform them about the second motion for examination of judgment against them. 2. Background Information: Provide a brief summary of the initial judgment and relevant details, such as court case number, date of judgment, and the specific obligations imposed on the debtor. 3. Importance of Compliance: Emphasize the significance of fulfilling the obligations outlined in the judgment. Highlight the debtor's legal responsibility to cooperate fully with the examination process. 4. Explanation of the Second Motion: Explain that the second motion for examination is a necessary step in ensuring all relevant financial information is appropriately disclosed. This examination helps determine the appropriate course of action to collect the judgment owed. 5. Timelines and Deadline: Clearly specify the date by which the debtor must comply with the examination appointment. Note that failure to appear or provide the requested information may result in severe consequences, such as fines or additional legal actions. 6. Details for Examination Appointment: Provide the necessary information regarding the date, time, location, and any specific documents the debtor must bring to the examination. Also, mention whether the debtor can request a rescheduling if required, along with the process for making such a request. 7. Reminder of Financial Obligations: Restate the importance of promptly complying with the examination and fulfilling all outstanding financial obligations as ordered by the court. 8. Contact Information: Provide relevant contact details, such as your name, title, email address, and phone number. Encourage the debtor to reach out if they have any questions or need further clarification regarding the examination process. It's important to note that multiple types of Delaware Sample Letters for Second Motions for Examination of Judgment — Debtor may exist, depending on the specific circumstances of the judgment and the debtor. These variations may include different legal specifics, case references, or additional clauses as deemed necessary by legal professionals. Please consider this letter as an official communication, serving as a reminder of your responsibilities and obligations. Failure to respond or comply with the examination may result in severe consequences, including further legal actions. We appreciate your prompt attention to this matter and expect your full cooperation. Should you require any assistance or clarification, do not hesitate to contact us. Yours sincerely, [Your Name] [Your Title/Organization] [Contact Information]
Delaware Sample Letter for Second Motion for Examination of Judgment - Debtor
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When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is ...
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
(b) Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and other condition of mind of a person may be averred generally.
If a derivative plaintiff or derivative counsel fails to adequately represent the interests of the entity in pursuing the derivative action, then the Court may dismiss the derivative action without prejudice, replace the derivative plaintiff or derivative counsel, or make further orders as warranted.
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...
In ordering discovery of such materials when the required showing has been made, the Court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
- No depositions shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.
(B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b) or upon a showing of exceptional circumstances ...
