Del. Super. Ct. Civ. R. 41

(a) Voluntary dismissal: Effect thereof.

(1) By plaintiff; by stipulation. Subject to payment of costs and the provisions of Rule 23(e), an action

may be dismissed by the plaintiff without order of court (I) except in replevin, by filing a notice of

dismissal at any time before service by the adverse party of an answer or of a motion for summary

judgment whichever first occurs or (II) by filing a stipulation of dismissal signed by all the parties

who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the

dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the

merits when filed by a plaintiff who has once dismissed in any court of the United States or of any

state an action based on or including the same claim.

(2) By order of court. Except as provided in paragraph (1) of this subdivision of this Rule, an action

shall not be dismissed at the plaintiff’s instance save upon order of the Court and upon such terms and

conditions as the Court deems proper. If a counterclaim has been pleaded by a defendant prior to the

service upon defendant of the plaintiff’s motion to dismiss, the action shall not be dismissed against

the defendant’s objection unless the counterclaim can remain pending for independent adjudication

by the Court. Unless otherwise specified in the order, a dismissal under this paragraph is without

prejudice.

(b) Involuntary dismissal: Effect thereof. For failure of the plaintiff to prosecute or to comply with these

Rules, or any order of Court, a defendant may move for dismissal of an action or of any claim against the

defendant. After the plaintiff in an action tried by the Court without a jury, has completed the presentation

of plaintiff’s evidence, the defendant, without waiving the right to offer evidence in the event the motion

is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has

shown no right to relief. The Court as trier of the facts may then determine them and render judgment

against the plaintiff or may decline to render any judgment until the close of all the evidence. Unless the

Court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal

not provided for in this Rule, other than a dismissal for lack of jurisdiction, for improper venue, or for

failure to join a party under Rule 19, operates as an adjudication upon the merits.

(c) Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this Rule apply to the

dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant

alone pursuant to paragraph (1) of subdivision (a) of this Rule shall be made before a responsive pleading

is served or, if there is none, before the introduction of evidence at the trial or hearing.

(d) Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court

commences an action based upon or including the same claim against the same defendant, the Court may

make such order for the payment of costs of the action previously dismissed as it may deem proper and

may stay the proceedings in the action until the plaintiff has complied with the order.

(e) Upon notice of the Court. The Court may order an action dismissed, sua sponte, upon notice of the

Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute,

or order of the Court, or for any other reason deemed by the Court to be appropriate. In the event that the

Court shall conclude, sua sponte, that dismissal upon any of the foregoing grounds appears appropriate,

the procedure for such dismissal shall be as follows: The Prothonotary shall forward to the party a notice

directing that the party show cause why the action should not be dismissed for the reasons stated in the

notice. The notice shall direct the party to respond within fifteen (15) days from the date of the notice.

After consideration of such response, the Court shall enter an order dismissing the action or maintaining

jurisdiction of the case. If a response is not filed within the time allowed, the dismissal shall be deemed to

be unopposed. If the Court is satisfied that the action should be dismissed, it shall enter an order of

dismissal. Upon entry of any order of dismissal, the Court shall specify the terms thereof including

provision for payment of costs. In the case of any action which has been pending in this Court for more

than six (6) months without any proceedings having been taken therein during that six (6) months, the

Prothonotary shall mail, after the expiration of the six (6) months, to the parties a notice notifying them

that the action will be dismissed by the Court for want of prosecution if no proceedings are taken therein

within thirty (30) days. If no proceedings are taken in the action within a period of thirty (30) days after

the mailing of such notice, it shall thereupon be dismissed by the Court as of course for want of

prosecution.

(f) Without prior notice. The Court may order a complaint, petition or appeal dismissed, sua sponte,

without notice, notwithstanding the provisions of subsection (e) of this Rule, when such complaint,

petition or appeal manifestly fails on its face to invoke the jurisdiction of the Court and where the Court

concludes, in the exercise of its discretion, that the giving of notice would serve no meaningful purpose

and that any response would be of no avail.

(g) Dormant docket — Bankruptcy. When the Court is advised that a party has filed a bankruptcy petition,

the action shall be stayed. The Prothonotary shall remove the action from the active docket to the dormant

docket. All parties for whom an appearance has been entered, either by counsel or pro se, shall be notified

of the date of the transfer to the dormant docket. Twenty-four months after the transfer, the action shall be

dismissed without further notice unless, prior to the expiration of the twenty-four month period, a party

seeks to extend the period, for good cause shown.

Actions pending on the effective date of this rule and stayed due to bankruptcy shall be transferred to the

dormant docket. The Prothonotary shall notify all parties for whom an appearance has been entered, either

by counsel or pro se, of the date of the transfer to the dormant docket. Twelve months after the transfer,

the action shall be dismissed without further notice unless, prior to the expiration of the twelve month

period, a party seeks to extend the period, for good cause shown.