March 08, 2005

Regarding ad damnum clauses (see May 15, 2004, cross-posting an Overlawyered item originally dated Nov. 5, 2003), a commercial litigator at a large New York firm writes to say:

I would call your attention to the local rules of the U.S. District Court for the District of Delaware (PDF). Not only does Rule 9.4 state that the pleadings in a case demanding money damages "shall not claim any specific sum" -- thus reducing the likelihood that the case will be sensationalized in initial press accounts -- but the second portion of the rule provides as follows: "Upon service of a written request by another party, the party filing the pleading shall within 10 days after service thereof furnish the requesting party with a written statement of the amount of damages claimed, which statement shall not be filed except on Court order." That helps to serve the legitimate interest of the adversary in being informed of the magnitude of the case. This apparently has been the rule in the D. Del. for quite some time; I can't say it's unique, but I've never come across such a provision before.