Q: How do I compel discovery in a shareholder's derivative suit
A:
To the extent that the lawsuit is underway (in this shareholder derivative suit), you would need to look to the rules of civil procedure that your specific court follows. Although procedural rules can vary depending on what court you're in, they generally have similar provisions. Most, if not all, would have a rule or two on compelling disclosure pursuant to an earlier discovery request. So if your, or whomever's, case is in the Texas courts, you would want your lawyer to review the Texas rules of civil procedure -- which, keep in mind, would be different if you're in federal court. Here in Salt Lake City, for example, a lawyer would need to follow Utah's rule 37 to compel disclosure.
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