Delaware Sample Letter for Opinions on Motions for Summary Judgment [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge’s Name] [Judge’s Address] [City, State, Zip Code] Subject: Opinion on Motion for Summary Judgment Dear [Judge’s Last Name], I hope this letter finds you well. I am writing to present my opinions on the pending motions for summary judgment in the case [Case Name], currently before this esteemed court. As an attorney with extensive experience in Delaware law, I have meticulously reviewed the arguments and submissions by both parties, and I am now ready to provide my analysis and recommendations. At the outset, I commend both parties for the thoroughness of their respective briefs and oral arguments. The level of expertise demonstrated by each side is a testament to the quality of legal representation involved in this case. After careful consideration, I offer the following opinions and recommendations: 1. Motion for Summary Judgment by [Plaintiff/Defendant] In the motion for summary judgment filed by [Plaintiff/Defendant], which seeks a ruling in their favor based on the arguments outlined in their brief, I find that their assertions are substantiated by convincing evidence and compelling legal reasoning. The party demonstrates a clear entitlement to judgment as a matter of law, as outlined in Section [Relevant Section] of the Delaware Code. Therefore, I recommend granting this motion for summary judgment in favor of the [Plaintiff/Defendant]. 2. Opposition to Motion for Summary Judgment by [Plaintiff/Defendant] The opposing party, [Plaintiff/Defendant], in their response to the motion for summary judgment presents substantial counterarguments and contends that there are genuine material issues of fact requiring a trial. After reviewing their pleadings and evidence, it is apparent that there are indeed unresolved issues that necessitate further examination. Consequently, I recommend denying the motion for summary judgment filed by the [Plaintiff/Defendant]. In summary, after evaluating the motions for summary judgment and considering the relevant Delaware laws, I advise the court to: [Summarize recommendations based on the above analysis] I remain at your disposal should any clarification or additional information be required. Thank you for considering my opinions, and I trust that my expertise will assist the court in reaching a just and well-founded decision in this matter. Sincerely, [Your Name] [Your Title/Position] [Law Firm/Organization Name]
Delaware Sample Letter for Opinions on Motions for Summary Judgment
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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.
Rule 12. Attorneys of record; withdrawal. (i) Original signature by Delaware attorney. ?Except in the case of a party appearing pro se, all papers filed with the Court shall be signed by an attorney who is an active member of the Bar of this Court and who maintains an office in Delaware for the practice of law.
Judgments Judgments are presumed valid for 20 years Judgment Liens on Real Property expire 10 years after entry Judgment Liens can be: a) renewed prior to the 10 year lien expiration or b) revived after the expiration of 10 years unless the judgment debtor shows good cause as to why the lien should not be renewed.
Summary judgment is a judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.
The following are methods by which you may attempt to collect your judgment. Agreement by both parties. ... Collecting from the Defendant's Wages. ... Collecting from the Defendant's property. ... File a Lien on Real Property.
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 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.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court any time of its own initiative, or on motion of any party and after such notice, if any, as the Court orders.
