Delaware Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum

• Category: Letters - Legal - Discovery
• State: Multi-State
• Control #: US-0480LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Delaware Discovery — Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum Keywords: Delaware, Discovery, Sample Letter, Opposing Counsel, Deposition, Subpoena Ducks Cecum Dear [Opposing Counsel's Name], I hope this letter finds you well. As you are aware, we are currently engaged in a legal dispute involving [case details]. Pursuant to the Delaware Rules of Civil Procedure, specifically Rule [rule number], I am writing to discuss the necessary steps for conducting a deposition and serving a subpoena duces tecum. Depositions play a crucial role in gathering evidence and obtaining testimony that may be relevant to our case. As per the Delaware Code, [cite relevant code section], either party may seek to depose witnesses, including parties to the lawsuit, non-party individuals, or corporate representatives. A deposition provides an opportunity to examine witnesses under oath and preserves their statements for trial. With regard to scheduling the deposition, I propose the following dates and times: [provide specific date options]. As per customary practice, depositions typically take place at either attorney's office, courthouse, or at a neutral location agreed upon by both parties. Please let me know if these dates are suitable, or if you have alternative suggestions. In addition to the deposition, we would also like to request the production of documents and records through a subpoena duces tecum, as permitted by Delaware law. This subpoena will require the recipient to produce specific materials, such as financial documents, contracts, medical records, or any other relevant evidence, which we believe will aid in establishing the facts of our case. We propose that the subpoena be served to [individual or organization], whose participation and document production we deem necessary for a fair resolution of this matter. Per Rule [rule number] of the Delaware Rules of Civil Procedure, the subpoena duces tecum must contain a detailed description of the documents or other items sought, as well as the date and time for their production. As outlined in the attached sample subpoena duces tecum, we have specified the items we request and have included a deadline for compliance. We kindly request that you acknowledge receipt of this subpoena by [date]. Please note that any objections to the deposition or subpoena duces tecum must be made in writing prior to the scheduled deposition date or production deadline, respectively. In the event of objections or disputes, I propose that we confer to resolve the issues promptly and efficiently, as to not unduly delay the discovery process. I hope this letter provides a clear outline of our intentions regarding the upcoming deposition and subpoena duces tecum. We are committed to following the procedures set forth by Delaware law and maintaining transparency throughout the discovery process. Should you have any questions or concerns, please do not hesitate to contact me at [phone number] or [email address]. Thank you for your attention to this matter, and I look forward to your prompt response. Sincerely, [Your Name] [Your Law Firm] [Contact Information] Attachments: 1. Sample Subpoena Ducks Cecum (Delaware Format) 2. Delaware Rules of Civil Procedure (relevant sections)