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Delaware Code Title 10. Courts and Judicial Procedure § 6004. Stay

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Except as otherwise provided in subsections (d) through (g) of this section, on the filing of a motion under § 6003 of this title:

(1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed;  and

(2) On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under § 6003 of this title.

(b) A stay under subsection (a) of this section remains in effect until entry of an order ruling on the motion under § 6003 of this title and expiration of the time under § 6009 of this title for the moving party to appeal the order.

(c) Except as otherwise provided in subsections (e), (f), and (g) of this section, if a party appeals from an order ruling on a motion under § 6003 of this title, all proceedings between all parties in the action are stayed.  The stay remains in effect until the conclusion of the appeal.

(d) During a stay under subsection (a) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under § 6007(a) of this title and the information is not reasonably available unless discovery is allowed.

(e) A motion under § 6010 of this title for costs, attorneys’ fees, and expenses is not subject to a stay under this section.

(f) A stay under this section does not affect a party's ability voluntarily to dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(g) During a stay under this section, the court for good cause may hear and rule on:

(1) A motion unrelated to the motion under § 6003 of this title;  and

(2) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

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Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 6004. Stay - last updated January 01, 2026 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-6004/

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