Also known as: reasonable inquiries
Written by attorneys · grounded in primary & secondary sources — see below
An investigation or examination that a person or entity undertakes before certifying the accuracy of a disclosure or response or before making a determination about corporate interests. The inquiry must be calibrated to the information available and the stakes involved so that the resulting certification or decision rests on a good-faith factual foundation.
Shareholders of Cedar Mutual file a derivative suit alleging self-dealing in a reinsurance deal. The board appoints a committee of independent directors that retains counsel and an actuary, interviews witnesses, and reviews regulatory files before concluding that continued litigation would harm policyholder confidence. The court grants the motion to dismiss because the committee reached its conclusion after a reasonable inquiry.
In a whistleblower suit against Liberty Pharmaceuticals, defense counsel interviews project managers and searches active email systems before signing responses that state no additional responsive documents exist. The certification rests on the reasonable inquiry counsel performed into known sources of information.
Select any source to read its text and confirm it supports the definition.
River Therapeutics receives a request to admit facts about archived trial data. Counsel reviews active files and employee statements, then answers that after reasonable inquiry the company lacks sufficient information to admit or deny the matter because the archives are not readily accessible.
An attorney files a motion containing factual assertions based solely on a client's unverified oral statement. The court examines whether the attorney conducted a reasonable inquiry into readily available records before signing the paper.
A party objects to producing electronically stored information on accessibility grounds. The court evaluates whether the objecting party performed a reasonable inquiry into the burden and cost of retrieval before certifying the response.
A state trooper stops a vehicle and observes items suggesting criminal activity. Before extending the search, the officer makes a reasonable inquiry into whether the driver poses an immediate threat, satisfying the threshold for further action.
The corporation must demonstrate that a qualified group of directors or a special committee conducted a good-faith investigation into the allegations and concluded that continued litigation is not in the corporation's best interests. The inquiry must be reasonable in scope given the claims and available information.
No. The rule requires only a reasonable inquiry calibrated to the facts known at the time, the nature of the claims, and practical burdens. Counsel need not pursue every conceivable source when interviews and active-system searches yield no leads to additional materials.
A party may do so only after stating that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny. The answer must fairly respond to the substance of the request.
…armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled for the protection of himself and others in the…