{"data":{"id":"us-de/10-del.-c.-6007","jurisdiction":"us-de","citation":"10 Del. C. § 6007","heading":"Dismissal of cause of action in whole or part.","body":"(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:\n(1) The moving party establishes under § 6002(b) or (d) of this title that this chapter applies;\n(2) The responding party fails to establish under § 6002(c) of this title that this chapter does not apply; and\n(3) Either:\na. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or\nb. The moving party establishes that:\n1. The responding party failed to state a cause of action upon which relief can be granted; or\n2. 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.\n(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.\n(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.","path":["Title 10. Courts and Judicial Procedure","Special Proceedings","CHAPTER 60. Uniform Public Expression Protection Act"],"source_url":"https://delcode.delaware.gov/title10/c060/index.html#6007","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"16fa80c53d0b1104f184d5ceac57095359aeaf762d48c60379512d67dcab23d0","source_id":"us-de","stale":true,"prev":"us-de/10-del.-c.-6006","next":"us-de/10-del.-c.-6008"},"notice":"GroundRules: Original legal text. Not legal advice."}