Judge Eric M. Davis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion
- 1 copy • Upon Filing
Case Dispositive Motion, Daubert Motions
- 1 copy • Upon Filing
Complaint, Cross Claim, Counterclaim, Exhibits
- 1 copy • Upon Filing
Courtesy copies
- Not required
Adjournments
- Deadlines in the Trial Scheduling Order are firm, and an extension may be denied absent a showing of good cause.
- Failure to meet a firm deadline may result in denial of an extension unless good cause is shown.
- An amendment to the Trial Scheduling Order requires a court order entered on an appropriate motion or party stipulation.
- +1 more
Request must include
Communication
Phone
Chambers
Phone
Clerk
Duty Judge
Page & Word Limits3 rules
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.
any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition and does not exceed three (3) pages, exclusive of appendices.
Joinder Or Adopting Brief
3 pages
Case-dispositive motions and responses are each limited to six pages unless the court orders otherwise.
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages (14 pt. font) in length.
Case Dispositive Motion Response
6 pages
Unless the court orders otherwise, dispositive and Daubert motions and responses may not exceed six pages and must use 14-point Times New Roman.
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages in length and typeset in Times New Roman 14 pt. font.
Case Dispositive Motion
6 pages
Response
6 pages
Document Format Requirements12 rules
Case-dispositive motions and responses must use 14-point font unless the court orders otherwise.
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages (14 pt. font) in length.
Unless the court orders otherwise, dispositive and Daubert motions and responses must be typeset in 14-point Times New Roman.
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages in length and typeset in Times New Roman 14 pt. font.
The email copy of proposed jury instructions must use Microsoft Word format.
A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.
DOCX
Citations to unreported decisions must use Westlaw format.
Case citations shall use Westlaw format for unreported decisions.
Exhibits to briefs, courtesy copies of motions, and letters must be individually tabbed.
Exhibits to briefs, courtesy copies of motions, or letters must be individually tabbed.
Footnotes must be single-spaced in 12-point Times New Roman with two spaces between sentences.
Footnotes shall be single-spaced and typeset in Times New Roman 12-point font with two spaces between sentences.
Briefs, exhibits, and appendices cannot be clipped or fastened with clips, binder clips, or metal three-ring fasteners and must instead be stapled or bound.
No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips or metal three-ring fasteners, but must be stapled or bound.
Proposed jury instructions and voir dire questions likely to be revised by the court must be submitted only in Microsoft Word format.
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Microsoft Word format ONLY.
DOCX
The electronic copy of the proposed jury instructions must be in Microsoft Word format.
an electronic copy in Microsoft Word format of the proposed jury instructions
DOCX
The jury-instructions submission to Chambers must include one hard copy and one electronic copy in Microsoft Word format.
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my
Case names in dispositive and Daubert papers should be italicized or underlined.
Case names should be italicized or underlined.
Exhibits and unreported cases absent from Westlaw should be physically attached to briefs and motions unless volume makes that impracticable, in which case a separate compendium should be used.
Exhibits and unreported cases not cited in Westlaw should be physically attached to the briefs and motions unless impractical because of their volume, in which case a separate compendium will be appropriate.
Document Filing Requirements28 rules
The parties must submit joint-proposed jury instructions that include a proposed special verdict sheet.
a set of joint-proposed jury instructions which shall include a proposed special verdict sheet
Document Type
Jury Instructions
The parties must submit any special interrogatories to the Court by the stated pretrial deadline.
any special interrogatories.
Document Type
Special Interrogatories
If the parties cannot agree on all pretrial terms, they must file one proposed order noting their areas of disagreement.
In the event the parties cannot reach agreement on all the terms of the Pre- Trial Stipulation and Order, jury instructions and special interrogatories, a single proposed order shall be filed and any areas of disagreement shall be appropriately noted in the one proposed order submitted
Document Type
Proposed Order
All proposed special voir dire questions must be included with the pretrial stipulation.
All proposed special voir dire questions shall be included with the pretrial stipulation.
Document Type
Pretrial Stipulation
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.
Jury Instructions – Counsel shall submit a joint-set of jury instructions to the Court on or before . One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my
Document Type
Jury Instructions
The proposed pretrial order must include at least the matters specified in Form 46 of the Superior Court Civil Rules.
The proposed order shall, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
Document Type
Proposed Pretrial Order
The parties must file an Interim Status Report no later than 14 days after mandatory ADR and advise the Court of the ADR outcome.
An Interim Status Report will be due no more than 14 days after ADR has been conducted. Among other issues, the parties shall advise the Court of the outcome of mandatory ADR.
Document Type
Interim Status Report
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.
whether proposed jury instructions have been exchanged, discussed, exceptions noted, and a copy submitted with the status report in the form required by paragraph (i) above; and
Document Type
Final Trial Status Report
The final trial status report must state whether the parties and counsel agree that no evidentiary or legal issues remain for resolution before trial.
whether parties and counsel agree there are no remaining evidentiary and/or legal issues for the Court to resolve prior to jury selection and opening statements.
Document Type
Final Trial Status Report
The final trial status report must provide the specified trial-readiness information.
The final trial status report shall advise the Court of the following:
Document Type
Final Trial Status Report
The final trial status report must state whether all exhibits have been exchanged or reviewed and remain without objections.
whether all exhibits have been exchanged or reviewed by the parties or counsel, and there are no objections to any exhibit;
Document Type
Final Trial Status Report
The Interim Status Report must describe the issues, discovery progress, and any settlement or alternative-dispute-resolution efforts undertaken.
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 any attempts made or alternate dispute resolution used to date to resolve this matter.
Document Type
Interim Status Report
Plaintiff's counsel must obtain defense counsel's consent to the report's form or additional input 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
The Interim Status Report must not disclose information concerning settlement offers or demands.
Do not include information on offers or demands.
Document Type
Interim Status Report
Plaintiff's counsel must file the Interim Status Report with one copy for the assigned judge and a $150 check payable to the Prothonotary.
The Interim Status Report is to be filed by Plaintiff(s)'s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the "Prothonotary."
Document Type
Interim Status Report
Counsel must identify related Superior Court cases on the Case Information Statement filed with the complaint or answer.
Counsel should always 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 for court action must state all parties' positions or explain that opposing or self-represented counsel could not be reached.
Any letter to the Court requesting Court action of some kind (in instances where a motion is otherwise not appropriate) must state the position of all parties or otherwise represent that opposing counsel or the self-represented party could not be reached.
Document Type
Letter Requesting Court Action
After selecting trial and pretrial conference dates, counsel must confer and submit one CCLD Case Management Order as the scheduling order.
After a trial and pretrial conference date has been selected, counsel should confer and submit one scheduling order using President Judge Davis's CCLD Case Management Order.
Document Type
Scheduling Order
Every substantive email must include the civil action number and will be docketed.
Substantive emails are docketed and must always include the civil action number.
Document Type
Substantive Email
The moving party may not file a reply to responses in dispositive and Daubert motion practice.
No reply by the moving party is permitted.
Document Type
Reply Brief
Only counsel may write directly to President Judge Davis, and all correspondence must be signed by an attorney from the attorney of record's law firm.
Only counsel, not legal staff, may write directly to President Judge Davis. All correspondence must be signed by an attorney in the law firm of the attorney of record.
Document Type
Correspondence
Plaintiff's counsel must submit a status report within 60 days after the postponed conference date.
Counsel for plaintiff(s) must then submit a status report within sixty (60) days of the date of the postponed conference.
Document Type
Status Report
The parties must notify the court in writing of the scheduled ADR date.
The parties will notify the Court in writing of the date of the scheduled ADR
Document Type
Notice Of Adr
Counsel who does not oppose a routine motion should notify the court by letter.
If counsel does not oppose a routine motion, non-opposing counsel should so notify the Court by letter.
Document Type
Non Opposition Letter
Counsel should use Superior Court Civil Form 46 for pretrial stipulations.
Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.
Document Type
Pretrial Stipulation
A motion in limine concerning a significant issue that should be resolved at the pretrial conference should be noticed for the pretrial conference date in the Trial Scheduling Order.
The motion should be noticed for the Pretrial Conference date provided within the Trial Scheduling Order.
Document Type
Motion In Limine
Counsel should establish a trial date and related deadlines when any attorney believes those deadlines may help resolve a case that may settle promptly.
Counsel should proceed with setting a trial date even if prompt settlement of the case is likely, if any attorney in the case believes that a trial date with related deadlines will help resolve the case.
Document Type
Trial Scheduling Order
When known, an unopposed motion should state the non-opposition within the motion, eliminating the need for further notice.
If possible, an unopposed motion should represent that non-opposition in the motion itself (if such non-opposition is known to the movant) in which event no further notification is necessary.
Document Type
Unopposed Motion
Filing & Service rules
Electronic Filing Rules
A case-dispositive motion must be electronically filed, with one courtesy copy and its exhibits delivered to Judge Davis's chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers.
Page 4 | Case Dispositive Motions
A response to a case-dispositive motion must be electronically filed, and one courtesy copy must be delivered to Judge Davis's chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers.
Page 4 | Case Dispositive Motions
A case-dispositive or Daubert motion must be e-filed with one courtesy copy, including its exhibits, delivered to chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to President Judge Davis in chambers.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
The response must be e-filed and one courtesy copy delivered to chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to President Judge Davis in chambers.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Filing Timing and Cure Windows
The parties must file an interim status report advising the court of the ADR outcome within 14 days after ADR.
will file an interim status report with the Court within 14 days after ADR has been conducted to advise the Court of the ADR’s outcome
Page 2 | I. GENERAL — E. ADR
Reply briefs on dispositive motions may be filed within 15 days after filing the opposition brief.
Reply briefs may be filed within 15 days after the filing of the opposition brief.
Page 4 | IV. MOTIONS — A. DISPOSITIVE MOTIONS
Motions concerning expert testimony, if any, must be filed by the court-specified deadline.
Motions concerning expert testimony, if any, shall be filed by
Page 4 | IV. MOTIONS — C. EXPERT MOTIONS
Opposition briefs on dispositive motions may be filed within 30 days after filing the dispositive motion.
Opposition briefs may be filed within 30 days after the filing of the dispositive motion.
Page 4 | IV. MOTIONS — A. DISPOSITIVE MOTIONS
Responses to expert-testimony motions must be filed no later than the court-specified deadline.
all responses to those motions shall be filed no later than
Page 4 | IV. MOTIONS — C. EXPERT MOTIONS
The completed pretrial stipulation must be received by the Court by the stated deadline, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before . Failure to comply with this deadline may result in sanctions being imposed upon the responsible party or parties.
Page 2 | Pretrial Stipulation
The Interim Status Report is due no later than 14 days after ADR has been conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Page 2 | Interim Status Report
Deadlines in the Trial Scheduling Order are firm and should be treated as mandatory.
Counsel are advised that all of the deadlines established by this Trial Scheduling Order are firm deadlines.
Page 3
Unless the court provides otherwise, a response to a routine civil motion is due no later than four business days before the presentation date.
Unless otherwise notified by the Court, responses are due no later than four (4) business days prior to the presentation date.
Page 4 | Routine Civil Motions
A routine civil motion must be filed or electronically filed, as appropriate, ten days before its noticed presentation date, excluding Saturdays, Sundays, and holidays.
Motions must be filed or e-filed, as appropriate, ten (10) days (excluding Saturdays, Sundays or holidays) prior to the noticed date for presentation.
Page 4 | Routine Civil Motions
Responses to dispositive and Daubert motions ordinarily are due no later than four days before the hearing unless the court provides different notice.
Unless otherwise notified by the Court responses are normally due no later than four (4) days prior to the date of the hearing.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Proposed jury instructions must be filed on the Wednesday before trial.
Proposed jury instructions must be filed on the Wednesday before the day of trial.
Page 1 | Pretrial/Evidentiary Matters — Pretrial Conferences
Routine Motions must be filed 10 days before the noticed date, excluding weekends and holidays.
Routine Motions must be filed 10 days prior (excluding weekends and holidays) to the noticed date.
Page 1 | Motions & Briefing — Routine Motions
A response to a routine motion is due on the Tuesday before presentation.
Responses are due the Tuesday prior to presentation.
Page 1 | Motions & Briefing — Routine Motions
Service and Proof of Service Rules
A party adding a new party must serve the new party with the Case Management Order simultaneously with the pleading joining that party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Page 1 | I. GENERAL — B. Service of Case Management Order on New Parties
Initial discovery requests and their responses must be served electronically through LEXIS/NEXIS, but the actual production of documents is excluded.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Page 2 | II. LEXIS/NEXIS E-FILING PROCEDURES
Defendant’s counsel must provide comments and proposed information within 5 days after receiving plaintiff’s draft pretrial order.
Within 5 days from the date of receiving that draft, defendant’s counsel shall provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
Page 2 | Pretrial Conference
Plaintiff’s counsel must send defendant’s counsel a draft pretrial order and proposed information at least 15 days before the pretrial conference.
At least 15 days before that conference, plaintiff’s counsel shall forward to defendant’s counsel a draft of the pretrial order with the information plaintiff proposes to include in that order.
Page 2 | Pretrial Conference
A copy of the proposed jury instructions must be emailed to Lisa Iannelli in Microsoft Word format.
A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.
Page 1 | Pretrial/Evidentiary Matters — Pretrial Conferences
Communications to the judge, Chambers, or chambers staff should be copied to opposing counsel or the self-represented party.
Communications (letters, e-mails, etc.) to President Judge Davis, Chambers or President Judge Davis's staff should be copied to opposing counsel or the self-represented party.
Page 1 | Communications
Filing Fees and Waivers
A $150 trial fee must accompany the Interim Status Report by check payable to the Prothonotary.
The Interim Status Report is to be filed by Plaintiff(s)'s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the "Prothonotary."
Page 4 | Additional Information and Procedures
Courtesy Copy Requirements
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.
One hard copy AND an electronic copy in Microsoft Word format of the proposed jury instructions shall be delivered to Chambers via my assistant at Lisa.Iannelli@state.de.us.
Page 6 | C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference
One courtesy copy of a response to a case-dispositive motion must be delivered to Judge Davis's chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers.
Page 4 | Case Dispositive Motions
One courtesy copy of a case-dispositive motion, including its exhibits, must be delivered to Judge Davis's chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers.
Page 4 | Case Dispositive Motions
One copy of the Interim Status Report must accompany the filing for the assigned judge.
The Interim Status Report is to be filed by Plaintiff(s)'s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the "Prothonotary."
Page 4 | Additional Information and Procedures
One courtesy copy of a routine civil motion response, including its exhibits, must be delivered to Judge Davis's chambers.
One (1) courtesy copy of the response with exhibits must be delivered to Judge Davis in chambers.
Page 4 | Routine Civil Motions
Chambers courtesy copies of filings must be emailed with a PDF attachment, and hard copies are not required by mail or hand delivery.
Chambers' copies or courtesy copies of filings shall be provided to Chambers by email with an attached pdf. Parties do not have to provide a hard copy of any filing by regular mail or hand delivery.
Page 1 | Communications
One courtesy copy of CCLD complaints, cross-claims, counterclaims, and related exhibits must be filed with Chambers as soon as possible.
Counsel shall file one (1) courtesy copy of their complaints, cross-claims, counterclaims, and any related exhibits with President Judge Davis's Chambers as soon as possible.
Page 1 | Initial Stages — Complex Commercial Litigation Division Cases
One courtesy copy of the response must be delivered to chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to President Judge Davis in chambers.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
One courtesy copy each of a routine motion and its response must be filed with the Prothonotary.
One courtesy copy of both the motion and response must be filed in Prothonotary.
Page 1 | Motions & Briefing — Routine Motions
One courtesy copy of the motion, with exhibits, must be delivered to chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to President Judge Davis in chambers.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A hard copy and an electronic Microsoft Word copy of the jury instructions must be sent to Chambers.
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my
Page 2 | Jury Instructions
Courtesy copies of exhibits ordinarily should not be sent, but counsel may elect to include them by PDF with the filing's courtesy copy.
Normally, parties should not provide courtesy copies of exhibits to filings; however, courtesy copies of exhibits to filings may be provided by pdf if counsel, in their discretion, believe the exhibits should accompany the courtesy copy of the filing.
Page 1 | Communications
Adjournment & Extension Requirements
An amendment to the Trial Scheduling Order requires a court order entered on an appropriate motion or party stipulation.
Amendments to this Trial Scheduling Order must be by Order of the Court on appropriate motion or stipulation of the parties.
Page 3
Deadlines in the Trial Scheduling Order are firm, and an extension may be denied absent a showing of good cause.
Counsel are advised that all of the deadlines established by this Trial Scheduling Order are firm deadlines. Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.
Page 6 | C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference
Failure to meet a firm deadline may result in denial of an extension unless good cause is shown.
Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.
Page 3
After contacting all parties, plaintiff's counsel may request an indefinite postponement of trial scheduling when all counsel believe settlement is likely.
After the Administrative Assistant reaches out to all parties, if all counsel believe that the case is likely to settle soon, counsel for plaintiff(s), speaking for all parties, may write the Court requesting the scheduling of a trial date be postponed. Unless ordered otherwise, scheduling will be indefinitely postponed.
Page 1 | Initial Stages — Initial Scheduling Conferences
Chambers Communication Rules
An attorney who did not sign the pleading and plans to attend the scheduling conference must notify the Administrative Assistant by phone or email at least one day beforehand.
If counsel other than a signatory of the complaint or the responsive pleading plans to attend, that counsel should notify chambers at least the day before the scheduling conference by phone or email to President Judge Davis's Administrative Assistant.
Page 1 | Initial Stages — Initial Scheduling Conferences
Copies of every email sent to Chambers must be provided to the Administrative Assistant and Judicial Civil Case Manager.
Any email sent to Chambers should be sure to copy President Judge Davis'ss Administrative Assistant and Judicial Civil Case Manager.
Page 1 | Communications
Emails sent to Chambers must be copied to the Administrative Assistant and Judicial Civil Case Manager.
If you are inclined to send an email to Chambers, please make sure to always copy, President Judge Davis's Administrative Assistant and Judicial Civil Case Manager.
Page 1 | Communications
Counsel should contact the Civil Case Manager to inquire about a missing Scheduling Conference Letter.
If any attorney believes that a Scheduling Conference Letter should have been issued, but one has not been issued, counsel should contact President Judge Davis's Civil Case Manager to inquire about the delay.
Page 1 | Initial Stages — Initial Scheduling Conferences
Administrative emails are not docketed and should be sent to President Judge Davis only when staff is not the appropriate recipient.
Administrative emails are not docketed. Administrative emails should only be sent to President Judge Davis if not appropriate to send to other staff.
Page 1 | Communications
Counsel must promptly notify the appropriate Judicial Case Manager when an omitted related-case reference results in assignment to a different judge.
If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case and that the subsequent civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the subsequently filed case.
Page 1 | Initial Stages — Related Cases
Email to President Judge Davis is limited to approved or exigent matters, although administrative emails to court staff are permitted.
Email should not be used with President Judge Davis except when (a) President Judge Davis has approved same or (b) exigent circumstances exist. However, this does not preclude administrative-type emails, particularly to Court staff.
Page 1 | Communications
Questions about filing a dispositive motion may be directed to Judge Davis's assistant by phone at (302) 255-0960 or by email at Lisa.Iannelli@state.de.us.
If you have any questions about how to file the dispositive motion, Lisa can be reached at (302) 255-0960 or at Lisa.Iannelli@state.de.us.
Page 4 | Case Dispositive Motions
Parties may request a scheduling conference when necessary.
A scheduling conference may be requested by parties if necessary.
Page 1 | Initial Stages — Initial Scheduling Conferences