Legal Question in Administrative Law in Delaware

Judge Ruling

How long does a judge have to make a ruling in a corporate complaint once he has heard the position of both companies?


Asked on 11/17/07, 8:42 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Judge Ruling

I believe that in California there is no time limit set but that the judicial council has set up a schedule of around 180 days after the matter is submitted [there are numerous ways to get around whether it has been submitted]. That is not enforceable by the parties. Look up the Local Court Rules and if that is non-productive go to the Delaware Codes and look under Judgments, time limits to decide or similar wording. Still no results, call the judge's clerk and ask how long the judge normally will take as you need to decide on a business deal that is related to the case so want some idea if possible. Does the Judge need something the parties did not yet provide ? Ask if there is any time limit on the judge. Be polite and diplomatic. If you are not representing yourself, the clerk will ask why you have not asked your own attorney.

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Answered on 11/18/07, 2:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Judge Ruling

I don't know about Delaware - but in California "hearing the position of both parties" on a complaint means having a trial. Most judges will rule within a week or two of close of trial, even in the most complex cases. Usually, at the close of final arguments, the judge will set a date for the parties to return to court to receive the verdict and judgment.

Your question is hazy as to the nature of the proceeding in which the judge has heard "the position of both companies." Was their position heard with respect to a particular motion? With respect to summary judgment? Or, as I discussed above, were the positions articulated at trial?

After a hearing on a motion, it is unusual to have to wait more than a couple of days. A ruling on a motion is not dispositive of the entire case unless it is a motion for summary judgment or to dismiss for lack of jurisdiction or the like.

So, I guess the answer is that it depends upon the nature of the matter that was heard - trial, motion, etc.

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Answered on 11/18/07, 3:04 am


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