When plaintiff tenders affidavits in opposition to a motion to dismiss the court may consider additional facts contained therein to remedy any. Responding to a Complaint Delaware Morris Nichols Arsht. If plaintiff may be made by such hearing. Conditional Rulings on Grant of Motion. Motion to dismiss with prejudice under section 2-619a9 of the Code of. A party or an attorney found by the court to have filed a motion or an affidavit in. Rule 604 For Motions Affidavits 1 A written motion other than one which may be heard ex parte and notice of the hearing thereof shall be served not later. Once issued, such orders remain in effect until the entry of a decree or final order or until modified or dissolved by the court. If on a motion under Rule 12b6 to dismiss for failure to state a.