Delaware Scheduling Order (PDF)
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FAQ
Motion to Compel Discovery ? A party's request that the Court order the party's opponent to respond to the party's discovery request. Discovery in a lawsuit is a way to learn more about your opponent's case.
Another key difference between these two types of motions is that a motion to dismiss can be filed at any time during the litigation process, even before the answer is filed. A motion for summary judgment, on the other hand, can only be filed after the answer has been filed and discovery is complete.
1 A motion to dismiss challenges the right of the claimant to prosecute his or her claim due to some deficiency in the pleading, manner of service, or venue. Defenses that may be raised by a motion to dismiss are as follows. Lack of Jurisdiction Over the Person.
A motion to dismiss can be filed at any time. They are usually filed by defendants early on in the lawsuit, before they have filed an answer. Often a motion to dismiss is alleging that the claim should not proceed because of an issue unrelated to the facts.
1. Each party will be limited to taking fact depositions, unless the Court for good cause extends that limit. Each deposition shall be limited to seven hours unless extended by agreement or Court order.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
If you filed a Petition and the Respondent(s) has not yet answered/filed an appearance, you may file a Voluntary Dismissal of Civil Action (Form 297). On this form, you must state the reasons why you want to dismiss your case. A Judge or Commissioner will review the voluntary dismissal.
Rule 16 - Pretrial Procedure; Formulating Issues (a) In any action, the Court may in its discretion direct the attorneys for the parties, and any party not represented by an attorney, to appear before the Court in person for a conference or conferences before trial to consider: (1) The formulation and simplification of