Judge Kathleen M. Miller
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion, Daubert Motions
- 2 copies • Chambers Drop Off • Immediately Upon Filing
Courtesy copies
- Chambers Drop Off • Immediately Upon Filing
Daubert Motions
- Upon Filing
Motion, Response
Adjournments
- Failure to meet deadlines without good cause may result in denial of an extension request.
- A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.
- An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.
- +2 more
Request must include
Communication
Chambers
Phone
Chambers
Fax
Chambers
Duty Judge
Page & Word Limits6 rules
A dispositive or Daubert motion and its response may not exceed 10 pages unless permission was previously granted.
The motion and response shall not exceed 10 pages, unless permission has previously been granted.
Motion
10 pages
Response
10 pages
A reply to a dispositive or Daubert motion may not exceed 6 pages unless permission was previously granted.
Replies shall not exceed 6 pages, unless permission has previously been granted.
Reply Brief
6 pages
Dispositive and Daubert motions and responses are limited to 10 pages each, and replies are limited to 6 pages.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
Motion
10 pages
Response
10 pages
Reply Brief
6 pages
Motions in limine and responses are limited to 10 pages each, and replies are limited to 6 pages.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages,
Motion
10 pages
Response
10 pages
Reply Brief
6 pages
Dispositive and Daubert motions and responses are limited to 10 pages, while replies are limited to 6 pages, and each filing must include a hearing notice page.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
Brief
10 pages
Response
10 pages
Reply Brief
6 pages
Motions in limine and responses are limited to 10 pages, while replies are limited to 6 pages.
The motion and response shall not exceed 10 pages and the reply shall not exceed 6 pages.
Motion
10 pages
Response
10 pages
Reply Brief
6 pages
Document Format Requirements12 rules
Unless another provision or order specifies otherwise, motions must follow Superior Court Civil Rule 78(b)'s formatting requirements.
Unless otherwise specified herein or in a separate order, all motions shall be formatted in the manner set forth in Superior Court Civil Rule 78(b).
Briefs must follow the formatting requirements in Superior Court Civil Rules 107(b), (d), (e), (h), and (j).
All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), (h) and (j).
Chambers copies of exhibits submitted with briefs, motions, and letters must be individually tabbed.
Chambers' copies of exhibits to briefs, motions, and letters must be individually tabbed.
All Delaware counsel and all self-represented litigants must sign a stipulation and proposed order before the Court will consider it.
All Delaware counsel and/or self-represented litigants must sign a stipulation and [proposed] order before it will be considered by the Court.
Briefs, exhibits, and appendices must be stapled or bound.
Briefs, exhibits, or appendices must be stapled or bound.
Counsel must send Chambers one hard copy and one electronic Microsoft Word copy of the jury instructions by email.
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.
DOCX
One hard copy and one electronic Microsoft Word copy of the proposed jury instructions must be sent to Chambers at the stated email address.
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.
DOCX
Appendices may exceed 25 pages when necessary, notwithstanding the NCC Plan.
Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.
Judge Miller strongly prefers bindings that allow a brief to lie flat when opened.
Judge Miller strongly prefers bindings that will permit the brief to lay flat when opened.
Counsel are encouraged to use double-sided copying or printing for hard copies submitted to Chambers.
Counsel are encouraged to use double-sided copying or printing for hard copied submitted to Chambers.
Document Filing Requirements26 rules
A proposed-order filing must be linked to the documents to which the order refers or applies.
The filing also must be linked to the documents to which the proposed order refers or applies.
Document Type
Proposed Order
A disputed or alternative proposed jury instruction must state the basis for the objection, cite supporting legal authority, and include a proposed alternative when applicable.
If any instruction, or portion thereof, is disputed, or if the parties are requesting alternate instructions, counsel shall include within the proposed instruction the basis for the objection with a citation to the legal authority in support of the objection and if applicable, the proposed alternative instruction.
Document Type
Proposed Jury Instructions
A letter requesting Court action must state all parties' positions or explain that opposing counsel or the self-represented party could not be reached.
Any letter to the Court requesting Court action (in instances where a motion is otherwise not appropriate) must state the position of all parties or represent that opposing counsel or self-represented party could not be reached.
Document Type
Letter
A proposed order's document 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
A dispositive or Daubert motion, response, and reply must each include a notice of hearing stating the date and time for argument.
The motion, response, and reply shall include a notice of hearing, indicating the date and time for argument.
Document Type
Motion
A proposed order must include a signature line for Judge Miller.
The proposed order must include a line for Judge Miller's signature.
Document Type
Proposed Order
A proposed order must be uploaded as a separate filing.
A proposed order must be uploaded separately from other documents.
Document Type
Proposed Order
Proposed jury instructions must contain a table of contents.
Jury instructions are to contain a table of contents.
Document Type
Proposed Jury Instructions
Correspondence must bear the signature of an attorney in the attorney-of-record's law firm and be copied to the opposing counsel or party.
All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.
Document Type
Correspondence
Every motion, letter, or email to the Court or its staff must identify the case name, 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 the communicating counsel represents.
Document Type
Court Communication
The proposed pretrial order must cover at least all matters listed in Form 46 of the Superior Court Civil Rules appendix.
The proposed order must, 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 Order
The pretrial stipulation must identify all potential trial exhibits by Bates number or another specific description.
The stipulation is to identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable.
Document Type
Pretrial Stipulation
Counsel must confer on jury instructions and identify any disagreement within each affected proposed instruction, with supporting authority and, when needed, a proposed alternative.
Counsel must confer and attempt to agree upon jury instructions. Areas of disagreement must be noted within the specific proposed instruction with supporting authority and where needed, the proposed alternative instruction.
Document Type
Jury Instructions
The proposed pretrial order must cover at minimum all matters listed in Form 46 of the Superior Court Civil Rules.
The proposed order must, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
Document Type
Pretrial Order
The pretrial stipulation must identify every potential trial exhibit by Bates number or another specific description sufficient to make it readily identifiable.
The stipulation is to identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable.
Document Type
Pretrial Stipulation
All proposed special voir dire questions must be included with the pretrial stipulation.
Special Voir Dire – All proposed special voir dire questions must be included with the pretrial stipulation.
Document Type
Pretrial Stipulation
A routine civil motion must include a notice page stating the motion-hearing date and time.
The motion and response must have a notice page indicating the date and time of the motion hearing.
Document Type
Motion
A dispositive or Daubert motion must include a notice page stating the hearing date and time.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
Document Type
Case Dispositive Motion
The pretrial stipulation should identify all legal or evidentiary issues warranting pretrial focus and include brief citations to the authorities relied upon.
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
The Case Information Statement filed with a complaint or answer should identify related pending Superior Court cases.
Counsel should always identify any 'related' Superior Court cases on the Case Information Statement filed with the complaint or the answer so that the new case is assigned to the same judge.
Document Type
Case Information Statement
Administrative emails may be docketed, while substantive emails are docketed and must copy all counsel and include the civil action number.
Administrative emails may be docketed. Substantive emails are docketed and must copy all counsel and include the civil action number.
Document Type
Substantive Email
Counsel is expected to 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
Requests for Court action should be made by motion accompanied by a Notice of Motion, Certificate of Service, and proposed form of order.
Requests for Court action should be submitted by motion, rather than by letter, with a Notice of Motion and Certificate of Service, as well as a proposed Form of Order.
Document Type
Motion
A routine civil motion must include a notice page stating the motion-hearing date and time.
The motion and response must have a notice page indicating the date and time of the motion hearing.
Document Type
Motion
A dispositive or Daubert motion must include a notice page stating the motion-hearing date and time.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
Document Type
Motion
All proposed special voir dire questions must be included with the pretrial stipulation.
Special Voir Dire – All proposed special voir dire questions must be included with the pretrial stipulation.
Document Type
Pretrial Stipulation
Filing & Service rules
Filing Timing and Cure Windows
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
Movant's counsel must contact Chambers within five days after filing a dispositive or Daubert motion to obtain a hearing date.
The movant's counsel must contact Chambers within 5 days of filing a dispositive or Daubert Motion to obtain a hearing date.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A routine motion must be filed at least 10 days before the noticed hearing date, excluding weekends and holidays.
Routine Motions must be filed 10 days (excluding weekends and holidays) prior to the noticed date.
Page 1 | Motions & Briefing — Routine Motions
Responses to motions in limine are due 10 working days after the motion is filed.
Responses are due 10 days (excluding holidays and weekends) after the motion is filed.
Page 3 | Motions in Limine
Routine civil motions must be filed at least 10 working days before the noticed hearing.
Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.
Page 3 | Routine Civil Motions
Responses to routine civil motions are due on the Friday before the hearing.
Responses are due the Friday before the hearing.
Page 3 | Routine Civil Motions
Responses to dispositive and Daubert motions are due 30 days after the motion is filed.
Responses are due 30 days after the motion is filed.
Page 3 | Dispositive and Daubert Motions
A reply to a motion in limine may be filed within five non-holiday, non-weekend days after the response.
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
Page 1 | Motions in Limine
Failure to meet the scheduling-order deadlines without good cause will likely lead the Court to deny an extension.
Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.
Page 1 | CASE SCHEDULING ORDER
Plaintiff's counsel must send defendant's counsel a draft pretrial stipulation and order at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
Page 1 | Pretrial Stipulation
A response to a routine civil motion is due on the Friday before the hearing.
Responses are due the Friday before the hearing.
Page 1 | Routine Civil Motions
A reply to a dispositive or Daubert motion may be filed within seven non-holiday, non-weekend days after the response.
A reply may be filed within 7 days (excluding holidays and weekends) after the response.
Page 1 | Dispositive and Daubert Motions
Routine civil motions must be filed at least 10 non-holiday, non-weekend days before the noticed hearing.
Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.
Page 1 | Routine Civil Motions
A response to a motion in limine is due within 10 non-holiday, non-weekend days after filing.
Responses are due 10 days (excluding holidays and weekends) after the motion is filed.
Page 1 | Motions in Limine
Defendant's counsel must provide comments and proposed order information within five days after receiving the draft pretrial stipulation.
Within 5 days from the date of receiving that draft, defendant’s counsel must provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
Page 1 | Pretrial Stipulation
Any amendment or modification of a deadline in the scheduling order requires Court approval.
Any amendments or modifications to the deadlines established in this Order must be approved by the Court.
Page 1 | CASE SCHEDULING ORDER
An Interim Status Report is due no later than 14 days after the ADR has been conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Page 1 | Mandatory ADR
All deadlines in the Case Scheduling Order are firm deadlines.
Counsel are advised that all of the deadlines established by this Case Scheduling Order are firm deadlines.
Page 1 | CASE SCHEDULING ORDER
A response to a dispositive or Daubert motion is due 30 days after the motion is filed.
Responses are due 30 days after the motion is filed.
Page 1 | Dispositive and Daubert Motions
A request for additional words must be submitted by stipulation or noticed motion at least two business days before the filing deadline and state the number requested and the opposing party's position.
Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party's position.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
An Interim Status Report is due no more than 14 days after ADR is conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Page 3 | CASE SCHEDULING ORDER
A reply to a dispositive or Daubert motion may be filed within seven working days after the response.
A reply may be filed within 7 days (excluding holidays and weekends) after the response.
Page 3 | Dispositive and Daubert Motions
A reply to a motion in limine may be filed within five working days after the response.
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
Page 3 | Motions in Limine
Service and Proof of Service Rules
Correspondence must be copied to opposing counsel or the opposing party.
All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.
Page 1 | Communications
Plaintiff’s counsel must forward the draft pretrial stipulation and order to defendant’s counsel at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
Page 4 | Pretrial Stipulation
Courtesy Copy Requirements
One courtesy copy each of a dispositive or Daubert motion, response, and reply must be promptly delivered to Chambers.
One courtesy copy of the motion, response, and reply must be promptly delivered to Chambers.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
One courtesy copy of both a routine motion and its response must be filed in Chambers.
A courtesy copy of both the motion and response must be filed in Chambers.
Page 1 | Motions & Briefing — Routine Motions
The parties must promptly deliver Chambers a courtesy copy of the motion and response.
A courtesy copy of the motion and response must be promptly delivered to Chambers.
Page 3 | Routine Civil Motions
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.
Page 3 | Dispositive and Daubert Motions
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.
Page 1 | Dispositive and Daubert Motions
The parties must promptly deliver a courtesy copy of the motion and response to Chambers.
A courtesy copy of the motion and response must be promptly delivered to Chambers.
Page 1 | Routine Civil Motions
Adjournment & Extension Requirements
An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.
Parties must use the Stipulated Amended Case Scheduling Order form for any stipulations/proposed orders to amend the Case Scheduling Order, including the current deadline for each event and the proposed deadline for each event, whether or not the proposed order anticipates amendment of each date.
Page 1 | Initial Stages — Trial Scheduling Orders
A motion requesting continuation of a trial date must be scheduled as a routine motion.
A motion to continue a trial date shall be scheduled as a routine motion.
Page 1 | Motions & Briefing — Routine Motions
A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.
Requests for amendment of scheduling and management orders must be made: (1) by motion; or (2) by joint stipulation to be considered by the Court, if the proposed amendments do not affect any dates requiring Court action (such as hearings on dispositive motions, pretrial conferences, or trial dates).
Page 1 | Initial Stages — Trial Scheduling Orders
An amendment to the Case Scheduling Order requires a Court order entered on an appropriate motion or party stipulation.
Amendments to this Case Order must be by Order of the Court on appropriate motion or stipulation of the parties.
Page 1 | CASE SCHEDULING ORDER
Failure to meet deadlines without good cause may result in denial of an extension request.
Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions.
Page 1 | Initial Stages — Trial Scheduling Orders
Chambers Communication Rules
A phone or email notice must be given before or promptly after a fax is sent to chambers or the prothonotary.
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
Counsel should seek possible oral-argument dates and times by email to Judge Miller's Administrative Specialist.
Counsel should obtain possible dates and times for oral argument through Judge Miller's Administrative Specialist at Stephanie.Jackson@Delaware.gov.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Email should not be sent directly to Judge Miller without prior approval or in exigent circumstances.
Emails should not be directed to Judge Miller except (a) with Judge Miller's prior approval or (b) when exigent circumstances exist.
Page 1 | Communications
Counsel requesting a Court teleconference is expected to initiate the call.
Counsel requesting a teleconference will be expected to initiate the call.
Page 1 | Communications
Parties should contact Chambers by email to obtain a hearing date for a dispositive or Daubert motion.
The parties should contact Chambers via email to obtain a hearing date.
Page 1 | Dispositive and Daubert Motions
Questions from lawyers, paralegals, and other legal staff concerning Judge Miller's preferences should be directed to Stephanie Jackson.
Comments or questions from lawyers, paralegals and other legal staff about Judge Miller's preferences are welcome and should be directed to Stephanie Jackson.
Page 1 | Communications
Counsel may request an office conference by email to Judge Miller's Administrative Specialist.
Counsel may request an office conference through Judge Miller's Administrative Specialist at stephanie.jackson@delaware.gov.
Page 1 | Initial Stages — Initial Scheduling
A Court teleconference may be requested by telephone or email to Judge Miller's Administrative Specialist.
A teleconference with the Court may be requested by contacting Judge Miller's Administrative Specialist, Stephanie Jackson at 302-255-0669 or Stephanie.Jackson@Delaware.gov.
Page 1 | Communications
Parties should contact Chambers by email to obtain a hearing date for dispositive or Daubert motions.
The parties should contact Chambers via email to obtain a hearing date.
Page 3 | Dispositive and Daubert Motions