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Del. Code tit. 10, § 6007

Dismissal of cause of action in whole or part

Known as the Uniform Public Expression Protection Act

The act spans §§ 10-6001 to 10-6014 (14 sections).

85 Del

(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.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.