Rules of Civil Procedure, Superior Court of Delaware
Rule: 129
Jurisdiction: DE
Bluebook Citation: Del. Super. Ct. Civ. R. 129
(a) If the parties notify the court within seven days after the close of discovery that the parties have agreed to forego witnesses at the trial of the case, the parties may submit briefs and appendices in support of their cause as follows: (1) Plaintiff’s Brief — thirty days following close of discovery; (2) Defendant’s Answering Brief — within thirty days after service of plaintiff’s brief; and (3) Plaintiff’s Reply Brief — within fifteen days of service after Defendant’s Answering Brief. (b) The briefs must cite to the applicable portions of the record. Affidavits may be used but all affiants must be identified prior to the close of discovery and must, at the option of any other party, be produced for deposition within two weeks from the date discovery would otherwise close. The Court shall make factual findings based upon the record presented by the parties. History. Added, effective Apr. 1, 1994.
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