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A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.
Motion to Suppress Evidence ? A motion by the defense for the Court to prevent the State from presenting evidence at trial, such as the police officer did not have probable cause to stop or arrest the defendant.
The defendant must file a motion to dismiss at least 13 days before the hearing on the motion. (See Court of Common Pleas for the State of Delaware: How to Prepare a Civil Motion.) A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction.
The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.
(1) Every subpoena shall (A) state the name of the Court and the county from which it is issued; and (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and (C) command each person to whom it is directed to attend and give testimony or to produce and permit ...