2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 60. Uniform Public Expression Protection Act
§ 6007. . . Dismissal of cause of action in whole or part.
(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.
85 Del. Laws, c. 217, § 1;
