Delaware § 6007 . Dismissal of cause of action in whole or part

Delaware Statutes

§ 6007 — . Dismissal of cause of action in whole or part

Delaware § 6007

Title10

PartSpecial Proceedings

Ch. 60Uniform Public Expression Protection Act

This text of Delaware § 6007 (. Dismissal of cause of action in whole or part) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 10, § 6007 (2026).

Text

(a)In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1)The moving party establishes under § 6002(b) or (d) of this title that this chapter applies;

(2)The responding party fails to establish under § 6002(c) of this title that this chapter does not apply; and

(3)Either: a. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or b. The moving party establishes that: 1. The responding party failed to state a cause of action upon which relief can be granted; or 2. There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. (b

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(a) In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1) The moving party establishes under § 6002(b) or (d) of this title that this chapter applies;

(2) The responding party fails to establish under § 6002(c) of this title that this chapter does not apply; and

(3) Either:

a. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

b. The moving party establishes that:

1. The responding party failed to state a cause of action upon which relief can be granted; or

2. There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(b) A voluntary dismissal without prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under § 6003 of this title does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorneys’ fees, and expenses under § 6010 of this title.

(c) A voluntary dismissal with prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under § 6003 of this title establishes for the purpose of § 6010 of this title that the moving party prevailed on the motion.