Motion under Rule 15(b) - Delaware 2026

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  1. Click ‘Get Form’ to open the Motion under Rule 15(b) in the editor.
  2. Begin by entering the Appellant's name in the designated field (1). This identifies who is filing the motion.
  3. Next, specify the Appellant's lower court status in field (2) to provide context for the appeal.
  4. In field (3), input the name of the Appellee, ensuring accurate representation of all parties involved.
  5. Fill in the Supreme Court appeal number in field (5) to reference your case correctly.
  6. Indicate whether you are filing as 'Appellant' or 'Appellee' in field (6).
  7. Specify whether this is an 'Opening,' 'answering,' or 'reply' brief in field (7).
  8. Enter the beginning and ending dates for your extension period in fields (8) and (9), ensuring it does not exceed a total of 75 days.
  9. Provide reasons for requesting an extension in field (10), clearly articulating your need for more time.
  10. Indicate if this is your first, second, or third request for an extension in field (11).
  11. State whether opposing counsel consents to or objects against this extension in field (13).
  12. Finally, complete your attorney's contact information including name, address, phone number, and Delaware Bar ID number in field (14).

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If the Complaint is not answered within twenty (20) days after being served by the Sheriff, you may direct the Clerk to enter a default judgment against the Defendant(s) since they did not file an Answer. (Court of Common Pleas Civil Rule 55 (b)(1).)
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.
Rule 7. Commencement of appeal. (a) Notice of appeal. An appeal shall be commenced by a notice of appeal.
In Delaware, the rules regarding intervention in a lawsuit are governed by the Delaware Court Rules, specifically the Rules of Civil Procedure. According to these rules, a non-party to a lawsuit may intervene in the case by filing a motion to intervene, typically before the final judgment is entered.
Code of Civil Procedure section 387, subdivision (d)(1)(A), provides the standard for intervention as a matter of right: If [a] provision of law confers an unconditional right to intervene . . . [t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding[.]

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People also ask

In certain legal cases, a third party may have an interest in the outcome of a lawsuit but is not initially part of the case. In these situations, the third party may file a motion to intervene, asking the court for permission to join the case.
In this district, motions for reconsideration are only granted if it appears that the court has patently misunderstood a party, has made a decision outside the adversarial issues presented by the parties, or has made an error not of reasoning but of apprehension.

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