Delaware Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

State:
Multi-State
Control #:
US-MOT-01427
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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  • Preview Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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FAQ

Motion for Judgment on the Pleadings ? A party's request that the Court rule in its favor based on the pleadings filed with the Court, without accepting any evidence, because the outcome of the case is based on the Court's interpretation of the law.

Definitions of judgment on the pleadings. a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law.

If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.

Show that a dispute exists on a material fact. A material fact is one that matters to the outcome of a case, like the speed of a car preceding a traffic accident. The disagreement must appear in the record of the case, either in the pleadings or in filed discovery responses.

A motion for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.

Court's Analysis: The Court explained that a discovery-related motion to compel should specifically identify the discovery requests at issue by number. In filing the motion with the Court, the moving party should also attach copies of the requests and the opposing party's responses.

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.

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.

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Delaware Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion