Court Rules
Common questions about Superior Court of Delaware, New Castle County rules

Are courtesy copies required in Superior Court of Delaware, New Castle County?

Courtesy-copy rule applies for motions, responses, briefs, appendices, and compendiums. Details: 2 copies. Counsel must provide two courtesy copies to chambers for all motions, responses, and briefs, including appendices and compendiums.

View ruleSource: page 2, section Courtesy Copies

Does Superior Court of Delaware, New Castle County require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for summary judgment. Details: 1250 words. Under the possible summary-judgment procedure, a party seeking leave must file a summary-judgment letter of no more than 1,250 words identifying the undisputed facts and legal theories supporting the motion.

View ruleSource: page 22, section e. Rule 56 motions

What page or word limits apply to discovery motion in Superior Court of Delaware, New Castle County?

Superior Court of Delaware, New Castle County's rule states these limits: 10 pages; 10 pages. Discovery motions and responses may exceed the ordinary four-page limit but may not exceed ten pages, and no discovery reply may be filed without leave of court.

View ruleSource: page 1, section Page Extensions on Discovery Motions

What page or word limits apply to motion in Superior Court of Delaware, New Castle County?

Superior Court of Delaware, New Castle County's rule states these limits: 6 pages; 6 pages. Every motion and response is limited to six pages, and the Prothonotary may reject a filing exceeding that limit.

View ruleSource: page 12, section VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES

What formatting rules apply to filings in Superior Court of Delaware, New Castle County?

Superior Court of Delaware, New Castle County's formatting rule includes letter paper. Motions and opposition responses must be prepared on approximately letter-size paper.

View ruleSource: page 4, section Superior Court Civil Rule 78 — Motions

What must be included with letter filings in Superior Court of Delaware, New Castle County?

The rule identifies required filing content or certificates. For a material change to the sample confidentiality stipulation, the parties must notify the court by letter and explain the change.

View ruleSource: page 34, section 7. Discovery

What must be included with privilege log filings in Superior Court of Delaware, New Castle County?

The rule identifies required filing content or certificates. A document-specific privilege log must describe each withheld document sufficiently for the opposing party and Court to assess the asserted privilege basis.

View ruleSource: page 32, section 7. Discovery

How may parties contact Superior Court of Delaware, New Castle County?

The rule addresses email communications with the duty judge. Direct email to judicial officers is reserved for a true emergency arising outside regular business hours.

View ruleSource: page 16, section 3. Contacting Chambers — b. Emailing Chambers

How does Superior Court of Delaware, New Castle County handle sealed or redacted filings?

Superior Court of Delaware, New Castle County rules set procedures for sealed or redacted filings. A document subject to retention will be unsealed unless a good-cause application is made within 30 days, while a document subject to destruction must be withdrawn within 30 days or it will be destroyed.

View ruleSource: page 25, section Exhibit G — Sealed Document Letter

How do I request an adjournment or extension in Superior Court of Delaware, New Castle County?

Advance notice is not fully stated in the structured details. The request must include reason for request. An extension of time to file the appellate record or any brief requires a court order supported by a showing of good cause, regardless of party consent.

View ruleSource: page 2, section § 4. Time of Filing

Does Superior Court of Delaware, New Castle County require motion papers to be bundled?

Yes. Superior Court of Delaware, New Castle County requires bundling for covered papers. Except when only a few short exhibits or authorities are involved, the compendium and appendix should be submitted separately as hardcopy filings.

View ruleSource: page 14, section C. BEST PRACTICES FOR LITIGATING CASES — 2. Courtesy Copies

Is electronic filing required in Superior Court of Delaware, New Castle County?

Yes. Electronic filing is required for the covered filings. Parties must use the Superior Court of Delaware's electronic filing system unless otherwise authorized.

View ruleSource: page 3, section I. GENERAL FILING INFORMATION

Are filing fees or waivers addressed in Superior Court of Delaware, New Castle County?

A fee is required for covered filings. The filing fee for a non-eFiled case must be paid when the case is filed.

View ruleSource: page 4, section I. GENERAL FILING INFORMATION

When is a filing treated as filed in Superior Court of Delaware, New Castle County?

The rule addresses filing timing, filing status, or cure windows. 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.

View ruleSource: page 1, section Complex Commercial Litigation Division-Description

What rule applies to service for pleadings in Superior Court of Delaware, New Castle County?

The rule addresses service method, recipient, or timing requirements. After receiving a civil action number, the filing party must print service copies of all pleadings with the eFile seal and deliver them to the Prothonotary's Office with payment.

View ruleSource: page 4, section I. GENERAL FILING INFORMATION
Complete rules summary for Superior Court of Delaware, New Castle County

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

An extension of time to file the appellate record or any brief requires a court order supported by a showing of good cause, regardless of party consent.

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.

Unless authorized by law, all papers submitted to the court should be served on opposing counsel before or contemporaneously with submission.

Parties may exceed the four-page limit for case-dispositive or partial-dispositive motions without leave of court by complying with Del. Super. Ct. Civ. R. 107(h).

Discovery motions and responses may exceed the ordinary four-page limit but may not exceed ten pages, and no discovery reply may be filed without leave of court.

Counsel must provide two courtesy copies to chambers for all motions, responses, and briefs, including appendices and compendiums.

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.

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.

Firm pretrial and trial dates will not be continued merely because of scheduling conflicts with other civil cases.

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

If parties cannot agree on a form of order, the prevailing party should submit the proposed form of order with a short motion explaining why it should be entered.

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

For a material change to the sample confidentiality stipulation, the parties must notify the court by letter and explain the change.

When counsel agree on additional hearing time, the request may be made to the judicial assistant during scheduling; if they disagree, a single joint letter must state each side’s position.

The Court may grant reasonable requests for additional hearing time when warranted, including for post-trial argument involving a large record.

As a recommended practice, parties should contact chambers to indicate whether argument is requested or whether the motion may be submitted for decision without argument.

Before requesting more hearing time, the requesting party should confer with the other parties and report their position to the Court.

Requests for real-time transcripts and questions about the real-time setup should be directed to the Court of Chancery court reporters before the proceedings.

Counsel intending to use technology should contact the Register in Chancery and the Court of Chancery court reporters approximately one week before the proceedings to arrange equipment setup and testing.

For remote hearings, provide the same courtesy copies as for in-person hearings, and submit exhibits and documents in three flash drives and three paper sets.

Counsel must confirm the hearing date and time with chambers and then contact CourtScribes at least three business days before the hearing.

Unless extraordinary circumstances exist, non-Delaware counsel must not directly file documents or contact the Court and must communicate through Delaware counsel.

Counsel should provide Chambers with two courtesy copies of filings the judge should read or that require judicial action, but routine filings are exempt.

Courtesy copies of motions and briefs should be accompanied by an argument-free transmittal letter identifying the materials and stating the agreed or unresolved briefing schedule and hearing or argument-date status.

Later courtesy-copy transmittal letters need not repeat previously provided briefing-schedule and argument-date information unless it has changed.

Counsel may optionally attach a few short exhibits or authorities directly to a motion or brief.

Except when only a few short exhibits or authorities are involved, the compendium and appendix should be submitted separately as hardcopy filings.

In expedited matters, courtesy copies of motions and briefs should be delivered promptly without waiting for electronic filing acceptance.

More Judges in Superior Court of Delaware, New Castle County

Calvin L. Scott Jr.
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Charles E. Butler
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Danielle J. Brennan
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Eric M. Davis
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Kathleen M. Miller
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Kathleen M. Vavala
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Monica A. Horton
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