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 Eric M. Davis

The Honorable Eric M. Davis became a Judge of the Superior Court of the State of Delaware on December 21, 2012.

Administrative contact: Lisa Iannelli. Chambers phone: (302) 255-0960. Preference page updated September 8, 2026.

Common questions about Judge Eric M. Davis's rules

Are courtesy copies required for Judge Eric M. Davis?

Courtesy-copy rule applies for jury instructions. Details: 1 copy, by hand delivery. One hard copy and one electronic Microsoft Word copy of the proposed jury instructions must be delivered to Chambers, with the electronic copy sent through the assistant at the stated email address.

View ruleSource: page 6, section C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference

What page or word limits apply to joinder or adopting brief before Judge Eric M. Davis?

Judge Eric M. Davis' rule states these limits: 3 pages. Excludes appendices. A defendant filing a separate joinder or brief adopting or supporting another defendant's motion or opposition must serve it within three business days and limit it to three pages, excluding appendices.

View ruleSource: page 4, section IV. MOTIONS — A. DISPOSITIVE MOTIONS

What page or word limits apply to case dispositive motion response before Judge Eric M. Davis?

Judge Eric M. Davis' rule states these limits: 6 pages. Case-dispositive motions and responses are each limited to six pages unless the court orders otherwise.

View ruleSource: page 4, section Case Dispositive Motions

What formatting rules apply to filings before Judge Eric M. Davis?

Judge Eric M. Davis' formatting rule includes 14 point type. Case-dispositive motions and responses must use 14-point font unless the court orders otherwise.

View ruleSource: page 4, section Case Dispositive Motions

What must be included with proposed order filings before Judge Eric M. Davis?

The rule requires proposed order. If the parties cannot agree on all pretrial terms, they must file one proposed order noting their areas of disagreement.

View ruleSource: page 6, section C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference

What must be included with jury instructions filings before Judge Eric M. Davis?

The rule requires proposed order. The parties must submit joint-proposed jury instructions that include a proposed special verdict sheet.

View ruleSource: page 6, section C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference

How may parties contact Judge Eric M. Davis' chambers?

The rule addresses email communications with Judge Eric M. Davis' chambers. Copies of every email sent to Chambers must be provided to the Administrative Assistant and Judicial Civil Case Manager.

View ruleSource: page 1, section Communications

How do I request an adjournment or extension before Judge Eric M. Davis?

Advance notice is not fully stated in the structured details. The request must include reason for request. An amendment to the Trial Scheduling Order requires a court order entered on an appropriate motion or party stipulation.

View ruleSource: page 3

Are filing fees or waivers addressed before Judge Eric M. Davis?

A fee is required for covered filings. A $150 trial fee must accompany the Interim Status Report by check payable to the Prothonotary.

View ruleSource: page 4, section Additional Information and Procedures

Is electronic filing required before Judge Eric M. Davis?

Yes. Electronic filing is required for the covered filings. A case-dispositive motion must be electronically filed, with one courtesy copy and its exhibits delivered to Judge Davis's chambers.

View ruleSource: page 4, section Case Dispositive Motions

When is a filing treated as filed before Judge Eric M. Davis?

The rule addresses filing timing, filing status, or cure windows. The parties must file an interim status report advising the court of the ADR outcome within 14 days after ADR.

View ruleSource: page 2, section I. GENERAL — E. ADR

What rule applies to service for case management order before Judge Eric M. Davis?

The rule addresses service method, recipient, or timing requirements. Details: timing: at filing. A party adding a new party must serve the new party with the Case Management Order simultaneously with the pleading joining that party.

View ruleSource: page 1, section I. GENERAL — B. Service of Case Management Order on New Parties
Complete rules summary for Judge Eric M. Davis

A party adding a new party must serve the new party with the Case Management Order simultaneously with the pleading joining that party.

The parties must notify the court in writing of the scheduled ADR date.

The parties must file an interim status report advising the court of the ADR outcome within 14 days after ADR.

Initial discovery requests and their responses must be served electronically through LEXIS/NEXIS, but the actual production of documents is excluded.

A defendant filing a separate joinder or brief adopting or supporting another defendant's motion or opposition must serve it within three business days and limit it to three pages, excluding appendices.

Opposition briefs on dispositive motions may be filed within 30 days after filing the dispositive motion.

Reply briefs on dispositive motions may be filed within 15 days after filing the opposition brief.

Motions concerning expert testimony, if any, must be filed by the court-specified deadline.

Responses to expert-testimony motions must be filed no later than the court-specified deadline.

Deadlines in the Trial Scheduling Order are firm, and an extension may be denied absent a showing of good cause.

If the parties cannot agree on all pretrial terms, they must file one proposed order noting their areas of disagreement.

The parties must submit joint-proposed jury instructions that include a proposed special verdict sheet.

The parties must submit any special interrogatories to the Court by the stated pretrial deadline.

One hard copy and one electronic Microsoft Word copy of the proposed jury instructions must be delivered to Chambers, with the electronic copy sent through the assistant at the stated email address.

The electronic copy of the proposed jury instructions must be in Microsoft Word format.

The final trial status report must state whether the parties and counsel agree that no evidentiary or legal issues remain for resolution before trial.

Deadlines in the Trial Scheduling Order are firm and should be treated as mandatory.

The final trial status report must confirm completion of jury-instruction exchanges and discussions, note exceptions, and include a copy of the proposed instructions in the required form.

Plaintiff’s counsel must send defendant’s counsel a draft pretrial order and proposed information at least 15 days before the pretrial conference.

Defendant’s counsel must provide comments and proposed information within 5 days after receiving plaintiff’s draft pretrial order.

The proposed pretrial order must include at least the matters specified in Form 46 of the Superior Court Civil Rules.

The completed pretrial stipulation must be received by the Court by the stated deadline, and noncompliance may result in sanctions.

All proposed special voir dire questions must be included with the pretrial stipulation.

The parties must file an Interim Status Report no later than 14 days after mandatory ADR and advise the Court of the ADR outcome.

The Interim Status Report is due no later than 14 days after ADR has been conducted.

Counsel must submit a joint set of jury instructions by the stated deadline, including one hard copy and one electronic Microsoft Word copy sent to Chambers.

A hard copy and an electronic Microsoft Word copy of the jury instructions must be sent to Chambers.

The jury-instructions submission to Chambers must include one hard copy and one electronic copy in Microsoft Word format.

The final trial status report must provide the specified trial-readiness information.

The final trial status report must state whether all exhibits have been exchanged or reviewed and remain without objections.

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