6 Del. Admin. Code § 200-B-231

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-B-231 - Motion for Summary Disposition on the Pleadings

(a) After a respondent's answer has been filed, the respondent or the Unit may make a motion for summary disposition of any or all allegations of the complaint with respect to that respondent. Any motion for summary disposition on the pleadings shall be filed within 30 days after the filing of the respondent's answer unless otherwise ordered by the Presiding Officer. Notwithstanding the provisions of Rule 207, unless otherwise ordered by the Presiding Officer, any opposition or response to a motion for summary disposition shall be filed within 14 days after service of the motion. Unless otherwise ordered by the Presiding Officer, reply briefs shall be filed within five days after service of the opposition or response.

(b) A motion for summary disposition pursuant to paragraph (a) shall be accompanied by a supporting memorandum of points and authorities. The motion for summary disposition and supporting memorandum of points and authorities shall not exceed 25 pages in length.

(c) Unless the Presiding Officer decides to defer decision on the motion, he or she may grant the motion for summary disposition if, considering the facts in a light most favorable to the nonmoving party, there is no material issue of fact and the moving party is entitled to a summary disposition as a matter of law. Otherwise, the Presiding Officer shall deny or defer the motion.

6 Del. Admin. Code § 200-B-231

1 DE Reg. 1978 (6/1/98)
13 DE Reg. 667 (11/01/09)
18 DE Reg. 394 (11/1/2014) (Final)