Delaware Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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How to fill out Sample Letter For Plaintiff's Response To Defendant's Motion For Attorneys Fees?
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FAQ
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
In a civil action, a motion to dismiss a lawsuit may be, and generally is, filed by a defendant (or, if the motion is to dismiss a counterclaim, by the plaintiff) at the time a responsive pleading, such as an answer, is due.
Rescissory damages - Rescissory damages are the monetary equivalent of rescission, and if awarded, a defendant must disgorge the profits that the defendant achieved through the wrongful retention of a plaintiff's property.
(?Delaware follows the 'American Rule,' whereby a prevailing party is generally expected to pay its own attorney's fees and costs.?).
Responses are due 21 business days after the motion is filed. A reply brief may be filed within 5 days after the response. The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
Motion for a More Definite Statement ? A party's request that the Court require an opponent to change a vague or ambiguous pleading to which the party is unable to adequately respond.
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.
