Delaware Code § 25-1608

Discretionary cancellation; hearing on probability of success on the merits
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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.

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