Judge Danielle J. Brennan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appendices, Compendia
- 1 copy
Case Dispositive Motion, Daubert Motions
- 2 copies • Upon Filing
Chambers Copy
- Upon Filing
Motion
- 2 copies • Chambers Drop Off • Upon Filing
Communication
Chambers
Chambers
Phone
Chambers
Fax
Page & Word Limits6 rules
A motion in limine and its response may not exceed 4,000 words without prior permission.
The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.
Motion
4,000 words
Response
4,000 words
A routine motion and its response may not exceed six pages without prior permission.
The motion and the response shall not exceed six pages unless the party first obtains permission to exceed the page limit.
Motion
6 pages
Response
6 pages
A reply to a dispositive or Daubert motion may not exceed 5,500 words without prior permission.
The reply shall not exceed 5,500 words, unless permission previously has been granted to exceed that word limit.
Reply Brief
5,500 words
A dispositive or Daubert motion and its response may not exceed 8,000 words and must include a notice page stating the hearing date and time.
The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.
Motion
8,000 words
Response
8,000 words
A motion in limine and its response may not exceed 4,000 words each unless the court has previously granted permission to exceed the limit.
The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.
Motion In Limine
4,000 words
Response
4,000 words
Case dispositive motions and responses are limited to 8,000 words, while replies are limited to 5,500 words unless permission to exceed that limit was previously granted; the motion and response must include a notice page stating the hearing date and time.
The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing. The reply shall not exceed 5,500 words, unless permission previously has been granted to exceed that word limit.
Motion
8,000 words
Response
8,000 words
Reply Brief
5,500 words
Document Format Requirements7 rules
Briefs, exhibits, and appendices must be stapled or bound.
Briefs, exhibits, or appendices must be stapled or bound.
A proposed order must be uploaded as a separate document in editable Word format.
A proposed order must be uploaded separately from any other documents, and filed in editable Word format.
DOCX
Briefs and motions must have numbered pages, margins of at least one inch, Times New Roman 14-point type, and double spacing.
All briefs and motions must have numbered pages, no less than one-inch margins, and be written in Times New Roman 14 pt. type and double-spaced.
Proposed jury instructions and voir dire questions must be submitted in Microsoft Word to the Administrative Specialist.
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, shall be submitted in Microsoft Word to Judge Brennan's Administrative Specialist.
DOCX
Counsel must provide the Court an agreed-upon jury instruction set in both hard-copy and WORD format.
Plaintiff’s counsel shall provide to the Court an agreed-upon set of instructions (both hard copy and in WORD format).
Exhibits, chambers copies of motions, and letters must be individually tabbed.
Exhibits to briefs, chambers copies of motions, or letters must be tabbed individually.
Appendices may exceed 25 pages when necessary.
Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.
Document Filing Requirements24 rules
A proposed order must include a signature line for Judge Brennan.
The proposed order must include a line for Judge Brennan's signature.
Document Type
Proposed Order
Correspondence must be signed by a Delaware attorney in the attorney-of-record's law firm and copied to opposing counsel.
All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and must be copied to opposing counsel.
Document Type
Correspondence
All Delaware counsel and self-represented litigants must sign a stipulation before the Court considers it.
All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.
Document Type
Stipulation
Substantive and the administrative emails that are docketed must include the civil action number.
All substantive and some administrative emails are docketed and always must include the civil action number.
Document Type
The proposed-order filing must be linked to the documents to which it applies.
The filing also must be linked to the documents to which the proposed order refers or applies.
Document Type
Proposed Order
Jury instructions must be submitted with a table of contents.
Jury instructions shall be submitted with a table of contents.
Document Type
Jury Instructions
A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the number of extra pages sought and opposing counsel's position.
Parties who seek to exceed the page limit should file a letter, at least two days before the deadline for the filing, requesting permission to exceed the page limit, specifying the number of additional pages sought, and indicating opposing counsel's position on the request.
Document Type
Letter
Every communication to the Court or its staff must identify the case, civil action number, and represented party.
All communications addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil action number, and the name of the party whom communicating counsel represents.
Document Type
Communication
Counsel must identify related pending Superior Court cases on the Case Information Statement filed with the complaint or answer.
Counsel always should identify any “related” Superior Court cases on the Case Information Statement filed with the complaint, or with the answer, so that the new case is assigned to the same judge.
Document Type
Case Information Statement
A request to exceed a dispositive-motion word limit must be filed at least two business days before the filing deadline and state the additional words sought and opposing counsel's position.
Counsel who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.
Document Type
Letter
The proposed order's title must specifically identify the motion it addresses.
The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").
Document Type
Proposed Order
Counsel must use Superior Court Civil Form 46 for pretrial stipulations.
Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations.
Document Type
Pretrial Stipulation
Motions in limine must be filed by the scheduling order's stated deadline, which is blank, and must include all supporting authority.
(2) Filing of Motions in limine. Motions in limine are to be filed no later than . Motions in limine must include all supporting authority with the motion.
Document Type
Motion In Limine
The case dispositive motion and response must include a notice page indicating the motion hearing date and time.
The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.
Document Type
Motion
Copies of unreported decisions must be provided when counsel lacks Westlaw access or the decisions are unavailable on Westlaw.
If counsel does not have access to Westlaw, or if the decision is not available on Westlaw, a copy of unreported decisions should be provided.
Document Type
Brief
Counsel must promptly notify the Judicial Case Manager when an omitted related-case reference has resulted in assignment to a different judge.
If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case and a later-filed, related civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the later-filed case.
Document Type
Notification
The pretrial stipulation should identify all relevant legal or evidentiary issues with supporting citations.
All legal or evidentiary issues worthy of pretrial identification and focus should be identified in the stipulation with brief citation(s) of legal authorities relied upon.
Document Type
Pretrial Stipulation
A letter requesting court action must state all parties' positions or explain diligent efforts to reach opposing counsel or a self-represented party.
Any letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.
Document Type
Letter
All parties must attend and participate in ADR in good faith unless expressly excused by the ADR practitioner.
All parties must attend and participate in the ADR in good faith, unless expressly excused by the ADR practitioner.
Document Type
Adr Proceeding
Insurance adjusters with authority up to policy limits must attend ADR.
Insurance adjusters with authority up to policy limits must also be present.
Document Type
Adr Proceeding
ADR proceedings may not be transcribed unless the court specifically authorizes transcription for good cause.
The ADR proceedings shall not be transcribed unless specifically authorized by the Court for good cause
Document Type
Adr Transcript
Plaintiff’s Counsel must file an Interim Status Report with the assigned judge that addresses the issues, discovery progress, and ADR results, reflects input from both parties, and excludes offers and demands.
The Interim Status Report is to be filed by Plaintiff(s)’s Counsel with a copy to the assigned Judge. The interim report will advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands. This document should reflect input from both parties.
Document Type
Interim Status Report
Plaintiff’s counsel must obtain defense counsel’s consent to the report’s content sufficiently before the submission deadline.
Plaintiff’s counsel is responsible for obtaining defense counsel’s consent to form or additional input to be included in the Report in sufficient advance of the submission deadline to ensure compliance with the deadline.
Document Type
Interim Status Report
For important issues supported by secondary sources, counsel should provide the table of contents and relevant excerpt unless the source is readily available to the Court.
If counsel is relying on a treatise or other secondary source to support an important issue, it is helpful to provide a copy of the table of contents and the excerpt relied upon, unless it is a secondary source readily available to the Court, such as a law review article, Restatement section, or Delaware treatise.
Document Type
Brief
Filing & Service rules
Electronic Filing Rules
Dispositive motions, Daubert motions, responses, and replies must be electronically filed.
The motion, response, and reply must be e-filed.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.
The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.
Page 1 | Motions & Briefing — Motions in Limine
Counsel must also file the jury instructions by email to Alicia Maxwell in WORD format.
Counsel is required to also file these instructions via email to Alicia Maxwell at Alicia.Maxwell@delaware.gov in WORD format.
Page 4 | ADDITIONAL INFORMATION AND PROCEDURES
Filing Timing and Cure Windows
A case settling within 30 days of trial must submit its settlement documentation by the pretrial-stipulation deadline.
If, however, a case resolves less than thirty (30) days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.
Page 1 | Trials — Settlements
A response to a dispositive or Daubert motion is due 20 business days after the motion is filed.
Responses are due 20 business days after the motion is filed.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A response to a routine motion is due on the Friday before the noticed hearing.
Responses are due the Friday before the noticed hearing.
Page 1 | Motions & Briefing — Routine Motions
After settlement, proper documentation should be submitted within 30 days, or a status report should be filed if the documentation remains unfinished.
As a general rule, proper documentation should be submitted to the Court within thirty (30) days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
Page 1 | Trials — Settlements
An oral-argument time may be canceled if the motion is not filed within four days after the time is obtained.
If a party then does not file the motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Proposed jury instructions are due on the Wednesday before trial.
Proposed jury instructions are due the Wednesday before the trial date.
Page 1 | Pretrial Matters — Jury Instructions
A motion-in-limine response with all supporting authority is due within seven business days unless a court order states otherwise.
Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
Page 1 | Motions & Briefing — Motions in Limine
Routine motions must be filed 10 days before the noticed hearing date, excluding weekends and holidays.
Routine Motions must be filed 10 days (excluding weekends and holidays) before the noticed date.
Page 1 | Motions & Briefing — Routine Motions
A reply brief may be filed within five days after the response.
A reply brief may be filed within 5 days after the response.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Plaintiff's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(2) Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .
Page 1 | TRIAL SCHEDULING ORDER
Motions to add or amend must be filed by the scheduling order's stated deadline, which is blank in the provided text.
(a) Filing of Motions to Add or Amend. Such motions are to be filed no later than .
Page 1 | TRIAL SCHEDULING ORDER
Plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(4) Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure Deadline is .
Page 1 | TRIAL SCHEDULING ORDER
Dispositive and Daubert motions must be filed by the scheduling order's stated deadline, which is blank in the provided text.
(c) (1) Filing of Dispositive and Daubert Motions. Such motions are -1-
Page 1 | TRIAL SCHEDULING ORDER
All discovery must be initiated early enough to be completed by the scheduling order's discovery cut-off, which is blank in the provided text.
(1) Discovery Cut-Off: All discovery is to be initiated such that it will be completed by .
Page 1 | TRIAL SCHEDULING ORDER
Defendant's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(3) Defendant’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .
Page 1 | TRIAL SCHEDULING ORDER
Mandatory alternative dispute resolution must be conducted by the scheduling order's stated date, which is blank in the provided text.
(d) (1) Mandatory ADR is to be conducted by .
Page 2 | TRIAL SCHEDULING ORDER
Unless the court orders otherwise, a response with all supporting authority to a motion in limine is due within 7 business days after filing.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
Page 2 | TRIAL SCHEDULING ORDER
Responses to dispositive and Daubert motions are due 21 business days after filing, and a reply brief may be filed within 5 days after the response.
to be filed no later than . Responses are due 21 business days after the motion is filed. A reply brief may be filed within 5 days after the response.
Page 2 | TRIAL SCHEDULING ORDER
A response to a case dispositive motion is due 21 business days after the motion is filed.
Responses are due 21 business days after the motion is filed.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Routine civil motions are presented on Tuesdays at 10:00 a.m. and must be filed at least ten days before the noticed presentation date, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.
Judge Brennan’s routine civil motions are on Tuesday at 10:00 a.m. Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Failure to file a timely response to a motion in limine may result in the court deeming the motion unopposed.
Failure to file a timely Response may result in the Court deeming the motion as unopposed.
Page 2 | TRIAL SCHEDULING ORDER
A reply brief may be filed within five days after the response.
A reply brief may be filed within 5 days after the response.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Filing Fees and Waivers
Plaintiff must pay the trial fee by the pretrial conference.
Plaintiff must pay the trial fee on or before the pretrial conference.
Page 3 | ADDITIONAL INFORMATION AND PROCEDURES
Courtesy Copy Requirements
Two courtesy copies of each motion and brief must be sent to chambers, except motions seeking admission of counsel pro hac vice.
Two courtesy copies of all motions and briefs must be sent to chambers, other than motions to admit counsel pro hac vice.
Page 1 | Motions & Briefing — Courtesy Copies
Only one courtesy copy of appendices or compendia must be sent to chambers.
Only one copy of appendices or compendia need be sent to chambers.
Page 1 | Motions & Briefing — Courtesy Copies
Courtesy copies must not be sent until the Prothonotary accepts the filing.
Courtesy copies should not be sent until the filing is accepted by the Prothonotary.
Page 1 | Motions & Briefing — Courtesy Copies
Two courtesy copies of a routine motion and its response must be promptly sent to chambers.
Two courtesy copies of both the motion and response must be sent promptly to chambers.
Two courtesy copies of a motion in limine and response must be promptly delivered to chambers.
The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.
Two courtesy copies of each dispositive or Daubert motion, response, and reply must be promptly delivered to chambers.
Two courtesy copies of each must be delivered promptly to chambers.
Routine motions require two courtesy copies, including exhibits, to be delivered to Judge Brennan’s chambers when filed.
Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
A routine motion response is due by the Wednesday before the hearing and must be accompanied by two courtesy copies, including exhibits, delivered to Judge Brennan’s chambers.
Responses are due no later than the Wednesday before the motion’s hearing, with two courtesy copies of a response (with exhibits) delivered to Judge Brennan in chambers.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
The original case dispositive motion, response, and any reply must be filed with the Prothonotary’s Office, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.
The original motion, the response and any reply thereto shall be filed with the Prothonotary’s Office with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
The File & Serve Transaction ID Number should appear on each courtesy copy's cover page.
The cover page of the courtesy copies should have the File & Serve Transaction ID Number printed on it.
Filing Bundling Requirements
A motion to continue a trial date must be filed as a routine motion.
A Motion to Continue a Trial Date is filed as a routine motion.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Pre-Motion Conference Requirements
Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.
Before filing a dispositive motion or a Daubert motion, Counsel must obtain possible dates and times for oral argument through Judge Brennan's Administrative Specialist.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Motions in limine must be noticed for presentation at the Pretrial Conference and should be resolved there when possible.
Motions in limine shall be noticed for presentation at the Pretrial Conference and will be resolved, wherever possible, at that time.
Page 2 | TRIAL SCHEDULING ORDER
The Court establishes the briefing schedule by letter after the motion is filed.
After the motion is filed, the Court will issue a letter establishing a briefing schedule.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Adjournment & Extension Requirements
An untimely motion in limine seeking dispositive relief or Daubert relief may be summarily denied unless the court grants leave and the motion articulates good cause for the missed deadline.
Should a Motion in limine be filed that seeks dispositive relief or relief under Daubert and D.R.E. 702, et. seq. it may be SUMMARILY DENIED unless leave from the Court is given to file an untimely dispositive or Daubert motion, articulating good cause for the failure to file such a motion under the appropriate deadline.
Page 2 | TRIAL SCHEDULING ORDER
The parties may be excused from the ADR deadline only by court order.
The parties may be excused from this deadline only by order of the Court.
Page 2 | TRIAL SCHEDULING ORDER
Chambers Communication Rules
Email is prohibited in cases involving a self-represented party unless Judge Brennan authorizes its use.
The use of email is not permitted when the case includes a self-represented party, unless previously authorized by Judge Brennan.
Page 1 | Communications
If the case settles, Plaintiff’s Counsel must immediately notify chambers and the civil case manager by email.
In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Alicia Maxwell at Alicia.Maxwell@delaware.gov and civil case manager Shane DeLoatch at Shane.Deloatch@delaware.gov.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Chambers or the Prothonotary must be notified by phone or email before or when a fax transmission is sent.
* Please advise the Administrative Specialist or Civil Case Manager by phone or email that a FAX transmission has been or is about to be sent to chambers or the prothonotary.
Page 1 | Communications
Substantive email to Judge Brennan requires advance approval unless exigent circumstances make it necessary.
Subject to the foregoing restriction on emails in cases regarding self-represented litigants, substantive email messages may be directed to Judge Brennan either (a) with Judge Brennan's advance approval; or (b) where exigent circumstances so require.
Page 1 | Communications
For good cause, pro hac vice counsel may seek permission to participate by phone by making a sufficiently advance request to the Administrative Specialist.
For good cause, such as distance and/or the nature of the case, counsel admitted pro hac vice may be permitted to participate by phone if a request is sent to Judge Brennan's Administrative Specialist sufficiently in advance of the conference.
Page 1 | Pretrial Matters — Pretrial Conferences
The parties should notify the court in writing of the scheduled ADR date.
The parties should notify the Court in writing of the date of the scheduled ADR.
Page 2 | TRIAL SCHEDULING ORDER
Case dispositive motions must be scheduled by obtaining a date and time from Judge Brennan’s Chambers.
Case dispositive motions will be scheduled by obtaining a date and time from Judge Brennan’s Chambers which can be reached at 255-2306.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Requests for relief should be made by motion rather than by letter or email.
The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Counsel may request a scheduling teleconference or office conference through Judge Brennan's Administrative Specialist.
If counsel believes a teleconference or office conference with Judge Brennan will be helpful in establishing a schedule, they may request a conference by contacting Judge Brennan's Administrative Specialist.
Page 1 | Initial Stages
Administrative emails should be directed to Court staff rather than Judge Brennan unless the matter is inappropriate for staff.
Administrative email messages should not be sent to Judge Brennan unless they are not appropriate to send to Court staff.
Page 1 | Communications
Counsel may contact the Civil Case Manager to inquire about a missing scheduling order.
If any counsel believes a scheduling order should have been issued, and none has been issued, counsel should contact Judge Brennan's Civil Case Manager to inquire about the delay.
Page 1 | Initial Stages