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Authored by: Anonymous on Monday, January 07 2013 @ 07:50 AM EST |
Are you certain it was a motion for summary judgement, filed pursuant to Court
of Chancery Rule 56? I haven't looked to the docket, but from the judge's
memorandum, it looks more like he was acting on a motion for judgment on the
pleadings filed pursuant to Court of Chancery Rule 12(c), not a motion for
summary judgment filed pursuant to Court of Chancery Rule 56. The primary
differences are that in a motion for judgment on the pleadings happens before
discovery, and the court only considers the pleadings, not any affidavits or
depositions. Summary judgment comes after discovery, and the court considers
the entire summary judgment record, which generally includes affidavits and
portions of deposition transcripts. See
http://courts.delaware.gov/rules/ChanceryRules2008.pdf
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