Court Rules

Court-wide rules

Applies court-wide

These 167 rules apply across Superior Court of Delaware, New Castle County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 50
  • Applies to
    Pending appeals inventory

    The Prothonotary of each county must prepare a Pending Appeals Inventory at the end of each month.

  • Applies to
    Case information statement

    A party identifies a qualifying case by entering the CCLD civil case code and Complex Commercial Litigation civil case type on the Case Information Statement.

  • Applies to
    Pleadings and other filed papers

    All pleadings and other papers filed with the court must include CCLD.

Filing Timing

All 30
  • A motion opposing CCLD case identification must be filed before the Rule 16 scheduling conference unless the Panel Judge directs otherwise, and filing it does not extend deadlines for other pleadings, motions, or responses.

  • For non-expedited Rule 7(c)(1) motions, the general briefing schedule calls for an opening brief 30 days after filing, an answering brief 30 days later, and a reply 15 days after that.

  • Deadline
    14 calendar days

    For non-expedited motions other than Rule 7(c)(1) motions, the opposition is generally due 14 calendar days after filing and the reply seven calendar days later.

Communication

All 23
  • A lawyer should give all affected parties reasonable notice, whenever possible, before communicating with a court concerning pending or prospective litigation.

  • Ex parte communications with the court on pending matters should be avoided unless permitted by law.

  • Contact
    Email to duty judge

    Direct email to judicial officers is reserved for a true emergency arising outside regular business hours.

Formatting

All 11
  • Appendices and compendia should use tabs.

  • Parties should submit joint exhibits rather than separate plaintiff or defense exhibit sets.

  • Exhibits should be organized chronologically, or, when chronological ordering is not feasible in a highly expedited matter, parties should provide a chronological exhibit list as soon as practicable.

About Judge Charles E. Butler

The Honorable Charles E. Butler was appointed to the Superior Court of Delaware in 2012; he was appointed Resident Judge for New Castle County on June 2, 2020.

Administrative contact: Rebecca Grant. Chambers phone: (302) 255-0656. Preference page updated September 8, 2026.

Common questions about Judge Charles E. Butler's rules

Are courtesy copies required for Judge Charles E. Butler?

Courtesy-copy rule applies for case dispositive motions and oppositions. Details: 2 copies. The original case-dispositive motion and response should be electronically filed with two courtesy copies delivered to chambers.

View ruleSource: page 1, section Motions & Briefing

Does Judge Charles E. Butler require a pre-motion conference or letter before filing a motion?

Judge Charles E. Butler's rules set a pre-motion procedure for motions. Administrative-appeal oral argument occurs only if the court requests it.

View ruleSource: page 1, section Initial Stages

What page or word limits apply to brief before Judge Charles E. Butler?

Judge Charles E. Butler's rule states these limits: 6 pages. Briefs filed with a case dispositive motion are ordinarily subject to a 6-page limit, although Judge Butler routinely grants dispensation from that limit.

View ruleSource: page 5, section Case Dispositive Motions.

What formatting rules apply to filings before Judge Charles E. Butler?

Judge Charles E. Butler's formatting rule includes individually tabbed.. Brief exhibits, courtesy copies of motions, and letters must be individually tabbed.

View ruleSource: page 1, section Motions & Briefing

What must be included with correspondence filings before Judge Charles E. Butler?

The rule identifies required filing content or certificates. Correspondence to the judge must be signed by an attorney from the attorney of record's law firm.

View ruleSource: page 1, section Communications

What must be included with court action request filings before Judge Charles E. Butler?

The rule identifies required filing content or certificates. A nonmotion request for court action must state every party's position or explain that the opposing party could not be reached.

View ruleSource: page 1, section Communications

How may parties contact Judge Charles E. Butler's chambers?

The rule addresses email communications. Substantive emails are docketed, must copy all counsel, and must include the civil action number.

View ruleSource: page 1, section Communications

How do I request an adjournment or extension before Judge Charles E. Butler?

Advance notice is not fully stated in the structured details. Failure to meet the scheduling order's deadlines without showing good cause will likely result in the Court refusing an extension.

View ruleSource: page 4, section Additional instructions

Is electronic filing required before Judge Charles E. Butler?

Yes. Electronic filing is required for the covered filings. The parties should agree on at least one available trial date, circle it, and electronically file the response.

View ruleSource: page 1, section Initial Stages

When is a filing treated as filed before Judge Charles E. Butler?

The rule addresses filing timing, filing status, or cure windows. An opposed routine motion must be filed ten days before the noticed hearing date, excluding weekends and holidays.

View ruleSource: page 1, section Motions & Briefing
Complete rules summary for Judge Charles E. Butler

Questions and comments about the judge's preferences should be directed to the Administrative Specialist or Judicial Case Manager.

Correspondence to the judge must be signed by an attorney from the attorney of record's law firm.

A nonmotion request for court action must state every party's position or explain that the opposing party could not be reached.

A requested court order should be accompanied by a proposed order form.

Email to the judge generally should not be sent without court approval, except in an exigent circumstance.

An email sent to the judge should also copy the judge's Administrative Specialist.

Administrative emails are not docketed; to create a record, their content should be docketed in a letter containing the civil action number.

Substantive emails are docketed, must copy all counsel, and must include the civil action number.

Email should not be used to communicate with a self-represented party.

Counsel should identify related Superior Court cases on the Case Information Statement filed with the complaint or answer.

Counsel should promptly notify the appropriate Judicial Case Manager when a later-filed case was assigned to a different judge because a related case was omitted.

The parties should agree on at least one available trial date, circle it, and electronically file the response.

If the parties cannot agree within the normal scheduling range, they should contact the civil case manager, who may direct them to a court conference call.

Entered scheduling orders must be complied with, and deviations require court approval.

A request to shorten the period before the pretrial conference should state whether either party intends to file a case-dispositive motion.

Administrative-appeal oral argument occurs only if the court requests it.

Briefs and motions should use one-inch margins, 14-point Times New Roman, and double spacing.

Brief exhibits, courtesy copies of motions, and letters must be individually tabbed.

Briefs, exhibits, and appendices may not use clips or metal fasteners and must instead be stapled or bound.

Citations to unreported decisions should use Westlaw format when possible.

Unreported cases unavailable in Westlaw and related exhibits ordinarily should be physically attached; a separate compendium may be used when volume makes attachment impractical.

Each routine motion must state whether it is opposed or unopposed.

Unopposed routine motions need not be noticed because the court will order them from chambers.

An opposed routine motion must be filed ten days before the noticed hearing date, excluding weekends and holidays.

Opposition papers are due on the Friday before routine-motion presentation.

A case-dispositive motion should request notice for the court's convenience.

The answering brief is due 30 days after filing a case-dispositive motion.

The original case-dispositive motion and response should be electronically filed with two courtesy copies delivered to chambers.

The original case-dispositive motion and response should be filed electronically.

Counsel is expected to use Superior Court Civil Form 46 for pretrial stipulations.

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