Neither the Delaware Supreme Court, nor other Delaware state courts have “articulated a specific test” to analyze whether to stay a civil case based on the pendency of a criminal case or investigation. The federal courts have, however, had the opportunity to address this issue frequently. Federal courts consider a number of factors in their analysis of whether to stay a civil case during the pendency of a criminal case or investigation. In the federal multi-factor test, the two primary considerations are: (1) “the status of the criminal case, including whether the defendants have been indicted” and (2) “the extent to which the issues in the criminal and civil cases overlap.” These two “overarching” considerations enable a court to assess the imminence and severity of the threat of criminal prosecution, and whether the civil case will have the effect of undermining a defendant’s Fifth Amendment privilege against self-incrimination, or otherwise, prejudicing a defendant’s ability to defend the criminal case.
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at email@example.com