Court proceedings may vary significantly from one US state to another. This blog post is dedicated to the specifics of dispute resolution in Delaware. Today, many entrepreneurs choose this jurisdiction to register a company in the USA, as not everyone feels comfortable with the risky scheme of starting a business in offshore jurisdictions, which are gradually losing their popularity.
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Delaware is strategically located on the Atlantic coast, between New Jersey and Washington, and is a promising financial center with many international financial institutions. The state is known for its business ecosystem, which is very favorable for startups, as well as companies registered in Delaware, but not operating here.
The attractive point of difference
If you plan to start a lawsuit in Delaware, keep in mind that here, each court has its own procedure. Particularly important to professionals of civil and commercial law are the rules of the Office.
Below please see the key stages of trial in the courts in Delaware:
- Stage 1. Appeal
The process starts by filing an electronic complaint by one of the parties.
The application must contain a concise and clear explanation of the claim which is typically prepared with assistance of legal professionals.
- Stage 2 . Disclosure
The scope of permissible disclosure in Delaware courts is extensive.
Many types of disclosure are allowed, including:
- giving testimony;
- inspecting the premises, etc.It is worth mentioning that the recently revised disclosure rules are specifically designed for information stored in electronic form. Opponents and their solicitors should discuss maintaining this data in the early stages of resolving a dispute in Delaware.
- Stage 3. Process
The adversarial litigation system is common in the state.
This means that the parties to the conflict initiative to seek and present evidence by themselves. Also, an important part of the trial is cross-examination. Only one judge presides, and in some cases jurors may be present.
- Stage 4 . Decision making
There are several ways to obtain a judgment in the courts of Delaware:
- receipt of a verdict rendered after the trial;
- filing a petition for sentencing on competitive papers; or
- petition for simplified court proceedings.An interim appeal to the state Supreme Court can be filed which shall, at its discretion, decide on such an appeal.
Legal entities need representatives in civil lawsuits in Delaware courts, and individuals can be without them and represent themselves.
Delaware is increasingly popular with investors looking to start a business in the States. In this regard, commercial disputes resolution in Delaware is becoming increasingly important.
It is worth noting that you will not find any provisions on the assistance to foreign courts in this state. However, it is common practice to assist foreign tribunals in US federal courts.
You can find out more information on the topic of dispute resolution in the USA by signing up for a consultation with our specialists. To contact us directly, please fill out the special form below.