Persons Who May be Examined; Burden of

Court of Chancery Rules

Rule: 140

Jurisdiction: DE

Bluebook Citation: Del. Ct. Ch. R. 140

Proof on Exceptions to Claim The Magistrate in Chancery shall be at liberty to examine any party, or any creditor, or other person making claims before the Magistrate in Chancery either upon written interrogatories, or orally, or in both modes, as the nature of the case may appear to the Magistrate in Chancery to require, and for this purpose may by subpoena compel the attendance of such party, creditor or other person. When exceptions are taken to claims filed by claimants to a fund, the burden of proof shall be on the claimant to establish the claim as filed, and the claimant will not be permitted to prove any items not embraced within such filed claim, except by order of the Magistrate in Chancery for good cause shown. History. Amended, effective July 18, 2023.

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