The court, upon motion, supported by affidavit or affidavits, of any party aggrieved, may direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if the court determines that there is not a probability that final judgment will be entered in favor of the party recording the notice of pendency. The party recording the notice of pendency shall bear the burden of establishing such probability. The court may order oral argument on the motion. No discovery on such motion shall be permitted unless so ordered by the court. The order of the court on the motion may contain such conditions as the court deems just and proper.
Structure Delaware Code
§ 1601. Written notice of pendency of action.
§ 1602. Recording; indexing; cancellation.
§ 1605. Mailing of notice of pendency to parties against whom notice is indexed.
§ 1606. Mandatory cancellation.
§ 1607. Cancellation upon condition of security.
§ 1608. Discretionary cancellation; hearing on probability of success on the merits.
§ 1609. Voluntary cancellation by party recording the notice.
§ 1610. Effect of canceled or expired notice.
§ 1611. Costs and attorneys' fees.
§ 1612. Fee for recording notice as taxable costs.
§ 1613. Recording and marginal notation of judgment or stipulation of dismissal.