Delaware Business Litigation Report

Court Of Chancery Orders Discovery On Notarization

Bessenyei v. Vermillion Inc., C.A. 7572-VCN (July 19, 2012)

All Court of Chancery complaints must be verified by each plaintiff.  Most of us take it for granted when the client returns a notarized verification.  But should we?  In this case the transcript includes an order granting discovery of a notary to see if the plaintiff actually appeared before that notary to sign his verification.  The Court suggests that if he did not do so then he has committed a fraud on the Court.  That is perhaps not the best way to start litigation.

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