Delaware Code Online (2023)

Courts and Judicial Procedure

Procedure

CHAPTER 43. Evidence and Witnesses

Subchapter I. General Provisions

§ 4301. Liability of witnesses for failure to appear or testify.

If any person, duly summoned by process to attend as a witness before any court, justice of the peace, or other officer, lawfully authorized to issue the same, without reasonable excuse, fails to attend, according to the direction of such process; or attending refuses to testify when required by such court, justice of the peace, or other officer, such person shall be liable to the aggrieved party for all damages occasioned by such failure or refusal, to be recovered in a civil action.

Code 1852, §  2338; Code 1915, §  4211; Code 1935, §  4686; 10 Del. C. 1953, §  4301; 70 Del. Laws, c. 186, §  1;


§ 4302. Competency to testify.

No child under the age of 10 years may be excluded from giving testimony for the sole reason that such child does not understand the obligation of an oath. Such child’s age and degree of understanding of the obligation of an oath may be considered by the trier of fact in judging the child’s credibility.

65 Del. Laws, c. 111, §  1;


§ 4303-4310. Testimony of convicted felon; testimony of husband or wife; acts of General Assembly as evidence; proof of Maryland records; proof of ordinances and resolutions of Wilmington; official records and papers as evidence; business records as competent evidence [Repealed].

Repealed by 63 Del. Laws, c. 62, § 1, effective June 30, 1981.


§ 4311. Delaware Uniform Interstate Depositions and Discovery Act.

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(a) Short title. — This section may be cited as the “Delaware Uniform Interstate Depositions and Discovery Act.”

(b) Definitions. — In this section:

(1) “Foreign jurisdiction” means a state other than Delaware.

(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(5) “Subpoena” means a document, however denominated, issued under authority of court of record requiring a person to:

a. Attend and give testimony at a deposition;

b. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

c. Permit inspection of premises under the control of the person.

(c) Issuance of a subpoena. — (1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the prothonotary in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.

(2) When a party submits a foreign subpoena to a prothonotary in this State, the prothonotary, in accordance with the court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(3) A subpoena issued under paragraph (c)(2) of this section must:

a. Incorporate the terms used in the foreign subpoena; and

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b. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(d) Service of subpoena. — A subpoena issued by a prothonotary under subsection (c) of this section must be served in compliance with this title and applicable Superior Court Rules for service of subpoena.

(e) Deposition, production, and inspection. — This title and applicable court rules of this State applicable to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued pursuant to subsection (c) of this section.

(f) Application to Court. — An application to the Superior Court for a protective order or to enforce, quash, or modify a subpoena issued by the prothonotary under subsection (c) of this section must comply with the rules or statutes of this State and be submitted to the Superior Court in the county in which discovery is to be conducted.

(g) Uniformity of application and construction. — In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(h) Application to pending actions. — This section applies to requests for discovery in cases pending on the effective date of this section [July 12, 2010].

(i) Effective date. — This section takes effect upon enactment [July 12, 2010].

Code 1915, §  4238A; 30 Del. Laws, c. 230; 33 Del. Laws, c. 235; Code 1935, §  4707; 46 Del. Laws, c. 256; 47 Del. Laws, c. 117; 70 Del. Laws, c. 186, §  1; 77 Del. Laws, c. 374, §  1;


§ 4312-4316. Evidence of laws of other jurisdictions; judicial notice; judicial notice of common law and statutes of other jurisdictions; Uniform Proof of Statutes Law; federal findings or reports on death, missing in action, or captured as evidence; prohibition of examination of minister of religion [Repealed].

Repealed by 63 Del. Laws, c. 62, § 1, effective June 30, 1981.


§ 4317. Admissibility of accommodation payments for personal injury; effect on statute of limitations.

No advance payment or partial payment of damages made by any person or his or her insurer as an accommodation to an injured person or on such person’s behalf to others or to the estate or dependents of a deceased person, made under liability insurance as defined in § 906(a)(2) of Title 18, because of an injury or death claim or potential claim against any person or insured thereunder shall be construed as an admission of liability by the person claimed against, or of the insurer’s recognition of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person which does not expressly take into account such advance payments. Any person, including any insurer, who makes such an advance or partial payment, shall at the time of the payment notify the recipient in writing of the statute of limitations applicable to such injury or death. Failure to provide such written notice shall operate to toll any applicable statute of limitations or time limitations from the time of such advance or partial payment until such written notice is actually given.

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10 Del. C. 1953, §  4318; 57 Del. Laws, c. 442; 70 Del. Laws, c. 186, §  1;


§ 4318. Compassionate communications.

(a) For purposes of this section:

(1) “Health care provider” means any person licensed or certified by the State of Delaware to deliver health care services, including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of such person acting in the course and scope of employment or agency related to health care services.

(2) “Unanticipated outcome” means the result of a medical treatment or procedure that differs from an expected medical result.

(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence, or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care, that is made to the person, the person’s family, or a friend of the person or of the person’s family, with the exception of the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.

75 Del. Laws, c. 413, §  1;


§ 4319. Confidential communications involving first responders.

(a) For purposes of this section:

(1) “Critical incident” means a situation or incident which, during the course of his or her duties, causes, or may cause, a first responder to experience unusually strong negative emotional or physical stress. “Critical incident” includes, but is not limited to, any encounter which may result in the death of or serious injury to another person or the imminent potential of such death or serious bodily injury, fatal motor vehicle accidents, child abuse investigations, death investigations and large scale man-made or natural disasters.

(2) “Critical incident stress management services” means consultation, risk assessment, education, intervention, and other crisis intervention services provided by a critical incident stress management team to a first responder prior to, during or after a critical incident.

(3) “Critical incident stress management team” or “CISM team” means a team composed of members of a state, county or municipal law-enforcement, fire or emergency medical agency that is trained, in accordance with standards established by a nationally accredited critical incident stress management organization or network and recognized by the Council on Police Training, to assist and provide support to a first responder who has been involved in a critical incident that may affect, or has affected, the person’s work performance or general well-being.

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(4) “Critical incident stress management team member” means an individual who is specially trained to provide critical incident stress management services and meets the requirements of a nationally accredited critical incident stress management organization or network which has been recognized by the Council on Police Training and has been approved by the Colonel or Chief of the police, fire or emergency medical services agency of which the individual is a member and has been approved to function as a CISM team member prior to and at the time the counseling takes place.

(5) “First responders” shall mean federal, state and local law-enforcement officers, fire, and emergency medical services personnel, hazardous materials response team members, 911 dispatchers, or any individual who is responsible for the protection and preservation of life, property, and evidence, and has been sent or directed to respond to a request for assistance as a result of a critical incident.

(6) “Law-enforcement officer” means a police officer as defined in § 9200 of Title 11.

(7) “Participant” means an individual who participates either in a group or individual critical incident stress management team service.

(b) Except as provided in subsection (d) of this section, all proceedings, communications and records, including, but not limited to, any information acquired by a critical incident stress management team, or critical incident management stress management team member, from a first responder who has, or is obtaining, assistance from the team, or team member, is confidential and is not subject to disclosure through compulsory legal process or otherwise discoverable or admissible in evidence in any action, including but not limited to, any legal proceeding, trial or investigation unless the confidentiality is waived by the affected first responder.

(c) Except as provided under subsection (d) of this section, a CISM team member who is conducting a critical incident stress management counseling service and informs the participant and/or first responder that the service is being conducted pursuant to the provisions in this section, shall not be compelled to disclose any communications made by the affected first responder in any action, including, but not limited to, any legal proceeding, trial or investigation, without the consent of the affected first responder.

(d) Exceptions. — The privileges established under subsections (b) and (c) of this section are not applicable if:

(1) The communication indicates an intent to engage in conduct likely to result in imminent death or serious physical injury to the first responder who received critical incident stress management services or another individual;

(2) The first responder who obtained critical incident stress management services expressly waives the privilege or gives consent to disclosure of the privileged communication;

(3) The first responder who obtained critical incident stress management services is deceased and the surviving spouse or the executor or administrator of the estate of the deceased first responder expressly waives the privilege or gives consent to disclosure of the privileged communications; or

(4) The first responder who received critical incident stress management services sought or obtained the services to enable or aid anyone to commit or plan to commit what the first responder who received critical incident stress management services knew, or reasonably should have known, was a crime or fraud or mental or physical injury to the first responder who received critical incident stress management services or another individual.

(e) Information otherwise available from the original source shall not be immune from discovery or use in any civil or criminal action merely because the information was presented at a time the first responder obtained critical incident stress management services if the testimony sought is otherwise permissible and discoverable.

78 Del. Laws, c. 236, §  1; 70 Del. Laws, c. 186, §  1; 81 Del. Laws, c. 79, § 5;


FAQs

How do I code a Delaware website? ›

(b) The Code may be cited by the abbreviation “Del. C.” preceded by the number of the title and followed by the number of the section, chapter or part in the title. Examples: Section 101 of Title 1 may be cited as 1 Del. C.

What is the code for Delaware? ›

Delaware area code 302 is one of the original area codes still in use today. It is the state's only area code, more than enough for Delaware's more than 400,000 households.

How do you cite Delaware Limited Partnership Act? ›

This chapter may be cited as the “Delaware Revised Uniform Limited Partnership Act.” 6 Del. C. 1953, § 1728; 59 Del.

How do I serve a process in Delaware? ›

Service of process shall be made by the sheriff to whom the writ is directed, by a deputy sheriff, or by some person specially appointed by the Court for that purpose, except that a subpoena may be served as provided in Rule 45. Process, complaint and affidavit of demand to be served together.

Is there a way to code online? ›

1. Codecademy. Codecademy is an online learning platform that offers free coding classes in programming languages including Python, Java, JavaScript, Ruby, SQL, C++, HTML, and CSS.

Is Roblox a Delaware company? ›

Where is Roblox incorporated? We were incorporated in 2004 in the state of Delaware.

Is Delaware getting a new area code? ›

Beginning the third quarter of 2023, customers in the existing 845 area code requesting new service, an additional line, or a move in the location of their service, may be assigned a number in the new 329 area code. Existing customers in the 845-area code will not be affected by the new overlay area code.

What is the code of Da peace? ›

Active codes: S3A_B3ASTS – 30k beli. L3GENDARY_FRU1T – small exp reward.

Is 302 A cell phone prefix? ›

Area code 302 is a telephone area code in the North American Numbering Plan (NANP) for the U.S. state of Delaware. It is Delaware's only area code, and was assigned in 1947 as one of the original North American area codes.

How many officers does a Delaware LLC need? ›

Keep in mind there are no stated required officer positions that a Delaware corporation must have, as opposed to other states. One person can comprise an entire Delaware corporation. Most Delaware companies have at least a president as well as a secretary.

How many members can a Delaware LLC have? ›

If you are missing an additional member to form an LLC, it might make more sense to form a corporation instead. Despite the fact that your state demands specific legal requirements, you can file for an LLC in states, such as Delaware or California, that require only one member/owner.

Do you have to file articles of organization for an LLC in Delaware? ›

As stated earlier, forming an LLC in Delaware requires you to submit the Articles of Organization for LLC. The state calls it the Certificate of Formation. File the completed form with the Division of Corporations by mail, in-person, or online.

Can a process server walk around your house? ›

Most process servers begin personal service by attempting to serve the person at their home. In most cases, the process server is not trespassing unless the process server unlocks a locked gate or enters a locked building without permission.

Who can serve process in Delaware? ›

§ 3111. Actions against corporations; service of process. (a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation.

How do I serve an LLC in Delaware? ›

(a) Service of legal process upon any domestic limited liability company shall be made by delivering a copy personally to any manager of the limited liability company in the State of Delaware or the registered agent of the limited liability company in the State of Delaware, or by leaving it at the dwelling house or ...

How can I get coded easily? ›

Use These 7 Tips to Help You Learn Computer Programming Faster
  1. Focus on the Fundamentals. ...
  2. Learn to Ask for Help. ...
  3. Put Your Knowledge into Action. ...
  4. Learn How to Code by Hand. ...
  5. Check out Helpful Online Coding Resources. ...
  6. Know When to Step Away and Take a Break from Code Debugging. ...
  7. Do More Than Just Read Sample Code.

How long does it take to learn to code? ›

Most coding bootcamps last 3-4 months and teach enough coding skills to qualify graduates for entry-level coding jobs. It typically takes 6-12 months to learn to code on your own. Likewise, a bachelor's degree in computer science or computer programming usually takes four years.

Is Roblox a billionaire? ›

By early 2021, he was a billionaire, thanks to a funding round that valued Roblox at $29.5 billion. He took the business public on the New York Stock Exchange two months later in a $38 billion IPO.

Is McDonald's a Delaware corporation? ›

Registered Office - The registered office of McDonald's Corporation shall be maintained at the office of the Corporation's registered agent, in the City of Dover, in the County of New Castle, in the State of Delaware.

Who owns Roblox now? ›

David Baszucki

Can u still get 714 area code? ›

You can connect with customers in area code 714's major city, Anaheim, California, with a population of 346,824. The area code also covers Anaheim, Fullerton, Garden Grove, Huntington Beach, Orange, Santa Ana, and portions of Newport Beach, Costa Mesa, and Tustin.

What are the first 3 digits after the area code called? ›

A telephone prefix, also called an exchange code or central office code, is a three-digit code that identifies a much smaller region within an area code. The prefix can refer to a specific city or a section of a city. The telephone prefix is the second 3 digits in a 10-digit phone number.

Where is are code 714? ›

The newer 657 area code serves customers in the same geographic region as the 714 area code, which is located primarily in Orange County, and is used by telephone customers in Anaheim, Fullerton, Huntington Beach, Orange, Santa Ana, La Palma, Yorba Linda and other cities.

What is the best fruit in Da piece? ›

Bari Bari no Mi allows the user to produce unbreakable barriers, giving them protection from most enemies in their way in the process. Even someone as strong as Kozuki Oden couldn't break the barrier produced by this fruit, making it the most powerful Devil Fruit when it comes to defense.

What is the code in x2 EXP da piece? ›

BR00KSB0N3S - double XP for a limited time. B0SSK0BY - double XP for a limited time. J0YB0Y - reset your stats for free. G0LDG0LDG0LD - 25k free beli.

What is the new code in sea piece? ›

Sea Piece is an extremely popular Roblox game and these codes are likely to be updated on a regular basis with milestones being hit frequently.
...
CodesRewards
WORLDS2022!Redeem this code to get free rewards (NEW)
AWAKENEDMERA!Redeem this code to get free rewards
40kBigOnesRedeem to get 50 Candy
3 more rows
24 Nov 2022

What does 773 stand for? ›

Area code 773 serves Chicago, Illinois, outside the Loop and the innermost neighborhoods.

Is 917 a cell? ›

Area code 917 covers the five boroughs of New York City: The Bronx, Brooklyn, Manhattan, Queens, and Staten Island. With a population of 8,804,190, this area code's largest city is the country's most populous.

What area code is 307 for cell phones? ›

The (307) area code serves the whole state of Wyoming, which means you'll be covered across all cities from Cheyenne to Casper, to Laramie and Gillette. Located in the Mountain time zone, it serves quite a few counties in Wyoming, like Natrona, Sweetwater, and Laramie.

Why are Delaware LLCs so popular? ›

Delaware is often considered one of the best states to form an LLC because it has limited fees and tax obligations. In fact, many businesses choose to form an LLC in Delaware even if they don't intend on doing business in Delaware.

Why are so many LLCs in Delaware? ›

Companies incorporate in Delaware because of its corporate-friendly environment, which offers numerous benefits in terms of convenience, tax liability and legal protection for businesses.

Why are Delaware LLC popular? ›

Tax Benefits

The most famous reason Delaware has attracted the eye of corporations across the world is the lenient taxes imposed by the state. Corporations registered in Delaware that do not do business in the state do not pay corporate income tax.

What is the Delaware loophole? ›

So the Delaware loophole, for example, allows companies to avoid corporate state income tax. And it's contributed to a collapse in state corporate income tax revenues over the past five decades. And that has left states like Illinois with massive, crippling, debts.

Can an LLC own 50% of another LLC? ›

Yes, an LLC can own subsidiaries. A subsidiary is an independent company operating under the controlling interest of another company. To have a controlling interest, the other company—known as the parent company—must own more than 50% of the subsidiary. Forming a subsidiary has several benefits for LLC members.

What happens if I don't pay Delaware LLC tax? ›

If you don't pay the Delaware Franchise Tax and file the Annual Report for two straight years, the State of Delaware will administratively dissolve the Corporation. If you have any questions about forming your new Delaware LLC, LP, or Corporation, give us a call today.

Can you write things off without LLC? ›

What many self-employed people and small business owners don't realize is that you can still write off your business expenses without registering as an LLC.

What happens if I don't dissolve my LLC in Delaware? ›

If you don't file the Certificate of Cancellation, the LLC will continue to accumulate Delaware franchise tax annually. Failure to settle the tax will lead to an administrative dissolution when the franchise tax goes into arrears.

Can an LLC be anonymous in Delaware? ›

Enter: Delaware. Under Delaware law, members can form an LLC without having to place their name on any public documents—eliminating the paper trail.

Do process servers get attacked? ›

Common Dangers to Process Servers

Nearly every state is guilty of hosting process server assault in many different forms. One major risk is the use of weapons against process servers.

Do process servers leave notes? ›

In most cases, a process server — someone who delivers official documents like citations, depositions, warrants, etc. on behalf of the court — can't leave papers just sitting under the doormat, but there are situations when they might still serve the documents without the intended recipient present.

Do process servers call from blocked numbers? ›

He says if you get a phone call from a process server on strange, non-local or blocked numbers, it's probably a scam. “The process server initiates the lawsuit by notifying the party that's been sued that there is an action brought against them.” A process server is not going to threaten you with legal action.

How do you serve someone papers in Delaware? ›

In order to serve an attorney or a party, the document must be delivered or sent to the attorney or the party at the last known address of the attorney or party, or the Clerk of the Court if there is no known address.

How do you serve a summons in Delaware? ›

Service of pleadings and papers: How made.

Service upon the attorney or upon a party shall be made by delivering a copy or by mailing it to the attorney or the party at the attorney's or party's last known address or, if no address is known, by leaving it with the Clerk of the Court.

What is the serve legal process? ›

Process serving is the delivery of legal documents, to the person to whom they are intended for. Quite often it is not sufficient to simply post the paperwork to the respondent. The person issuing the papers would be the Claimant, Applicant or Petitioner.

What state is the easiest to form an LLC? ›

  • Delaware is the most popular state to file an LLC in because it has a strong reputation for being business-friendly and offers a fast filing process with increased protection for owners. ...
  • Wyoming offers low fees and great tax benefits for people looking to start an LLC.

Does Delaware LLC have a filing fee every year? ›

LLC/Partnership Tax Information

All Domestic and Foreign Limited Liability Companies, Limited Partnerships, and General Partnerships formed or registered in Delaware are required to pay an annual tax of $300.00.

Can you be your own Registered Agent for an LLC Delaware? ›

Yes, you can be your own Registered Agent in Delaware as long as you meet the state requirements. (Unfortunately, most Registered Agent Services and LLC filing companies hide this information.)

Do you need a business license to sell online in Delaware? ›

A. Yes, a State of Delaware business license is needed in addition to any professional licenses. Please visit the Division of Professional Regulations to see which professions require additional licensure. Q.

Can Delaware LLC have out of state address? ›

If you don't run your business from a physical space in Delaware, your business address can be anywhere else in the United States or even another part of the world. For instance, if you're operating out of California, you can use a California address while forming an LLC in Delaware.

Can you efile Delaware extension? ›

The 2020 Delaware State Income Tax Return forms for Tax Year 2022 (Jan. 1 - Dec. 31, 2022) can be e-Filed together with the IRS Income Tax Return by the April 18, 2023 due date. If you file a tax extension you can e-File your Taxes until October 16, 2023 without a late filing penalty.

Is Google registered in Delaware? ›

Google Inc. is incorporated in the state of Delaware. Google Inc is primarely in the business of services-computer programming, data processing, etc.. For financial reporting, their fiscal year ends on December 31st.

Can I sell products without LLC? ›

In short, no. You do not need an LLC to sell on Amazon. You can start selling immediately under your name as a sole proprietor. If you are beginning to explore ecommerce and want to test the waters of selling on Amazon, having a sole proprietorship is perfectly fine.

Can I run a business out of my home in Delaware? ›

Generally yes, provided the conditions of Section 40.03. 420 are met. Any business conducting business across state lines, however, may be subject to federal regulation.

Can I sell on Etsy without a DBA? ›

If you sell products under a name other than your own you may need to register a "doing business as" (DBA) with your state or locality, even if you're not required to be licensed. If you're selling food in your Etsy store, you may need to be certified through your local Health Department to sell online.

Can I register my business in Delaware if I don't live there? ›

You do not have to live in, or even visit, the State of Delaware in order to form a Delaware company.

Why does everyone use a Delaware LLC? ›

Delaware is often considered one of the best states to form an LLC because it has limited fees and tax obligations. In fact, many businesses choose to form an LLC in Delaware even if they don't intend on doing business in Delaware.

Can I form an LLC in Delaware without living there? ›

Yes, a non-resident with no physical address in Delaware can form a Delaware LLC. Delaware only requires the company to have a Registered Agent in Delaware. Harvard Business Services, Inc. has been a Delaware Registered Agent since 1981.

Is there a downside to filing an extension? ›

An extension gives you extra time to file, but not extra time to pay. After you file an extension, if you owe taxes when you file your return, you might also have to pay penalties and interest on the tax due.

How do I file an extension for 2022 electronically? ›

You can file Form 4868 electronically by accessing IRS e-file using your tax software or by using a tax professional who uses e-file. 3. You can file a paper Form 4868 and enclose payment of your estimate of tax due (optional). IRS e-file is the IRS's electronic filing program.

Does filing an extension on taxes hurt you? ›

2022 Tax Returns are due on April 18, 2023. You may face tax late filing and/or late tax payment penalties if you file after the deadline and owe taxes. However, you will not face the late filing penalty if you file something - a return or extension even if you can't pay anything by Tax Day.

Why does everyone register in Delaware? ›

Delaware doesn't impose income tax on corporations registered in the state which don't do business in the state. Also, shareholders who don't reside in Delaware need not pay tax on shares in the state. For these reasons, Delaware is sometimes referred to as a tax haven.

Is Facebook registered in Delaware? ›

Facebook is a Delaware Corporation.

Is Apple registered in Delaware? ›

Apple Inc. is a incorporated in the state of California.

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