Judge Patricia A. Winston
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
Binding: Spiral
Brief, Exhibits, Appendices
Binding: Securely Bound
Chambers Copy
Courtesy copies
- Upon request
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Duty Judge
Page & Word Limits15 rules
A defendant may file a separate joinder or supporting brief within three business days after service, provided it contains no more than 750 words exclusive of appendices and complies with the Rule 107(b) typeface requirement.
Subject to the ===== PAGE 6 ===== requirements of this Order, 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 business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
Joinder Brief
750 words
A discovery motion or other non-dispositive, non-in-limine motion is limited to 2,500 words, must comply with the Rule 107(b) typeface requirement, and ordinarily must be noticed on the court’s Wednesday 9:00 a.m. routine-motion calendar.
As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation on one of the Court’s routine motions calendars (Wednesdays at 9:00 a.m.) unless the Court orders a different hearing date.
Motion
2,500 words
A letter to the Court may not exceed 1,000 words.
A letter to the Court shall not exceed 1,000 words.
Letter
1,000 words
Responses to certain motions are limited to 2,500 words, and no reply submission may be filed.
such responses shall also be limited to 2,500 words; and no reply submission shall be filed.
Motion Response
2,500 words
Each motion in limine must be a speaking motion limited to 2,500 words and comply with the typeface requirement of Rule 107(b).
Each motion in limine shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)
Speaking Motion
2,500 words
Responses to motions in limine are limited to 2,500 words.
The response to a motion in limine is also limited to 2,500 words.
Motion In Limine Response
2,500 words
A defendant's separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition and may not exceed 750 words, excluding appendices.
Subject to the requirements of this Order, 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 business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
Brief
750 words
Discovery motions and other non-dispositive, non-in-limine motions are speaking motions limited to 2,500 words and must comply with Rule 107(b)'s typeface requirement.
As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)
Discovery Motion
2,500 words
Each motion in limine is a speaking motion limited to 2,500 words and must comply with Rule 107(b)'s typeface requirement.
Each motion in limine shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)
In Limine Motion
2,500 words
Responses to discovery and other motions are limited to 2,500 words.
such responses shall also be limited to 2,500 words
Response
2,500 words
Responses to motions in limine are limited to 2,500 words.
The response to a motion in limine is also limited to 2,500 words.
Response
2,500 words
A letter to the Court may not exceed 1,000 words.
A letter to the Court shall not exceed 1,000 words.
Letter
1,000 words
Routine motions and responses 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
Dispositive and Daubert motions and responses are limited to 8,000 words, and replies are limited to 5,500 words.
The motion and response shall not exceed 8,000 words. The reply shall not exceed 5,500 words.
Motion
8,000 words
Response
8,000 words
Reply Brief
5,500 words
Motions in limine and responses 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
Document Format Requirements5 rules
Every brief filed on a dispositive motion must conform to Superior Court Civil Rule 107.
All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.
A discovery motion or other non-dispositive, non-in-limine motion must comply with the typeface requirement of Rule 107(b).
As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation on one of the Court’s routine motions calendars (Wednesdays at 9:00 a.m.) unless the Court orders a different hearing date.
A separate joinder or supporting brief must comply with the typeface requirement of Superior Court Civil Rule 107(b).
Subject to the ===== PAGE 6 ===== requirements of this Order, 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 business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
Briefs on dispositive motions must comply with Superior Court Civil Rule 107.
All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.
Briefs and motions must use numbered pages, at least one-inch margins, 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.
Document Filing Requirements24 rules
If the parties cannot agree on all pretrial terms, they must file one proposed order that identifies the disputed areas.
In the event the parties cannot reach agreement on all the terms of the Pretrial Stipulation and Order a single proposed order shall be filed and any areas of disagreement shall be appropriately noted in the one proposed order submitted.
Document Type
Pretrial Stipulation And Order
Every dispositive motion must be accompanied by an opening brief supporting it.
Each dispositive motion shall be accompanied by an opening brief supporting the motion.
Document Type
Dispositive Motion
The parties must exchange draft pretrial stipulation and order documents addressing unresolved Rule 16(c) items by the stated deadline.
On or before , the parties collectively shall exchange drafts of a Pre-Trial Stipulation and Order that shall address the items set forth in Superior Court Civil Rule 16(c) to the extent not previously resolved.
Document Type
Pretrial Stipulation And Order
The parties must submit a proposed pretrial stipulation and order to the court by the stated deadline.
On or before , the parties shall submit to the Court a proposed Pretrial Stipulation and Order.
Document Type
Pretrial Stipulation And Order
The parties must submit a proposed Pretrial Stipulation and Order to the court by the stated deadline.
On or before , the parties shall submit to the Court a proposed Pretrial Stipulation and Order.
Document Type
Pretrial Order
The proposed Joint Pretrial Stipulation must cover, at minimum, the matters specified in Form 46.
The proposed Stipulation 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
Joint Pretrial Stipulation
Jury instructions must be submitted with the Pretrial Stipulation, in hard copy and digital media, after counsel attempt to agree on them.
Jury instructions must be submitted to the Court with the Pretrial Stipulation. Counsel shall consult among themselves and attempt to agree upon appropriate jury instructions. Plaintiff’s Counsel shall provide to the Court an agreed-upon set of instructions (both hard copy and via digital media).
Document Type
Jury Instructions
Trial counsel must attend the Rule 16(b) pretrial conference.
The Pretrial conference shall be held on ___________ at _______.m., the Court will hold a Rule 16(b) pretrial conference. Trial Counsel must attend the pretrial conference.
Document Type
Pretrial Conference
Motions in limine must be noticed for the Pretrial Conference and, if unresolved there, will be scheduled then for presentation before trial.
Motions in Limine shall be noticed for presentation at the Pretrial Conference and will be resolved (if appropriate) at that time. If not resolved at the Pretrial Conference, a date and time will be set at the Pretrial Conference for presentation of motions in limine in advance of trial.
Document Type
Motion In Limine
The completed Joint Pretrial Stipulation must be filed with the court by the stated deadline.
The completed Joint Pretrial Stipulation must be filed with the Court on or before _________________.
Document Type
Joint Pretrial Stipulation
All proposed special voir dire questions must be included with the Joint Pretrial Stipulation.
All proposed special voir dire questions shall be included with the Pretrial Stipulation.
Document Type
Special Voir Dire Questions
When jury instructions are disputed, the submission must identify each disagreement and include defense counsel’s proposed instructions and supporting authority.
If ===== PAGE 4 ===== there are areas of disagreement, the submission shall include Defense Counsel’s notation of disagreement on each particular instruction upon which there is disagreement and Defense Counsel shall present his or her respective proposed instructions and supporting authority.
Document Type
Jury Instructions
A Final Trial Status Report is due on or before the Wednesday before trial.
A Final Trial Status Report will be due on or before __________ (the Wednesday before the trial date).
Document Type
Final Trial Status Report
Proposed jury instructions and voir dire questions must be submitted in 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 Word to Judge Winston’s Administrative Specialist.
Document Type
Jury Instructions
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
Motions in limine and responses must state the word count using the phrase "Words:" in the signature block.
Motions and responses must include in the signature block the phrase "Words:", followed by the number of words in the document.
Document Type
Motion In Limine
A proposed order must be uploaded as a supporting document and filed in editable Word format.
A proposed order must be uploaded as a supporting document to the documents to which the proposed order refers or applies from any other documents and filed in editable Word format.
Document Type
Proposed Order
A case will not be removed from the trial calendar unless a stipulation of dismissal resolving the entire case is filed.
Cases will NOT be removed from the trial calendar unless a stipulation of dismissal resolving the entire case has been filed with the Court.
Document Type
Stipulation Of Dismissal
The proposed order must include a signature line for Judge Winston.
The proposed order must include a line for Judge Winston's signature.
Document Type
Proposed Order
Stipulations altering scheduling orders, vacating trial dates, or otherwise likely affecting the Court or its schedule require the judge's signature.
All stipulations to alter scheduling orders, to vacate a trial date, or any other matter likely to affect the Court or its schedule require the judge's signature.
Document Type
Stipulation
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 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
A motion requesting a continuance of the trial date must be filed as a routine motion.
A Motion to Continue a Trial Date is filed as a routine motion.
Document Type
Motion
The proposed-order title must specifically identify the motion it addresses.
The document title must state with particularity what motion the proposed order addresses
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Documents must generally be filed and served under the governing Delaware e-filing procedures, while specified discovery requests and responses must be served electronically through LEXIS/NEXIS, excluding the actual document production.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, 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
Filing Timing and Cure Windows
After all dispositive-motion papers are submitted, counsel must obtain available hearing dates and times, agree on a date and time, and give notice accordingly.
After all papers have been submitted, Counsel must obtain possible dates and times for hearing of such motions from Judge Winston’s Administrative Specialist. The parties shall agree upon a proposed date and time and notice the motion accordingly.
Page 5 | VII. MOTIONS PRACTICE
Absent leave of the court, discovery and other motions must be filed at least fifteen calendar days before the noticed hearing date.
Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen calendar days prior to the noticed hearing date
Page 6 | VII. MOTIONS PRACTICE
Unless the court orders a different date, a discovery motion or other non-dispositive, non-in-limine motion must be noticed for a Wednesday 9:00 a.m. routine-motion calendar.
As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation on one of the Court’s routine motions calendars (Wednesdays at 9:00 a.m.) unless the Court orders a different hearing date.
Page 6 | VII. MOTIONS PRACTICE
A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.
Subject to the ===== PAGE 6 ===== requirements of this Order, 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 business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
Page 6 | VII. MOTIONS PRACTICE
Unless the parties agree or the court orders otherwise, an answering brief must be filed by the later of thirty days after motion service or thirty days after a separate joinder or supporting brief is filed.
Subject to the requirements of this Order, any party may file an answering brief to a dispositive motion. Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed the later of thirty days after any service of the motion, or thirty days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
Page 6 | VII. MOTIONS PRACTICE
A reply brief on a dispositive motion must be filed fourteen days after the responses are filed.
A reply brief on a dispositive motion shall be filed fourteen days after responses are filed.
Page 6 | VII. MOTIONS PRACTICE
Unless the parties agree or the court orders otherwise, an answering brief must be filed and served at the later of thirty days after service of the motion or thirty days after a defendant's separate joinder or supporting brief is filed.
Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty days after any service of the motion, or thirty days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
Page 6 | VII. MOTIONS PRACTICE
Discovery and other motions must be filed at least 15 calendar days before the noticed hearing date.
all discovery and other motions shall be filed no less than fifteen calendar days prior to the noticed hearing date
Page 7 | B. DISCOVERY AND OTHER MOTIONS
Responses to discovery and other motions are due no later than seven calendar days after the motion is filed and, in all cases, no later than the Wednesday before the motion hearing.
responses shall be filed no later than seven calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing
Page 7 | B. DISCOVERY AND OTHER MOTIONS
Defendant's expert report or Rule 26(b)(4) disclosure must be submitted by the stated deadline.
b. Defendant’s Expert Report (or Rule 26(b)(4) Disclosure(s)) Deadline: ____________.
Page 1 | TRIAL SCHEDULING ORDER — 2. Discovery
All discovery must be initiated early enough to be completed by the stated discovery cut-off date.
d. Discovery Cut-Off: All discovery is to be initiated such that it will be completed by ________________.
Page 1 | TRIAL SCHEDULING ORDER — 2. Discovery
Plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure must be submitted by the stated deadline.
c. Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure(s)) Deadline: _____________.
Page 1 | TRIAL SCHEDULING ORDER — 2. Discovery
Motions to add or amend must be filed by the date specified in the scheduling order.
1. Motions to Add or Amend. Such motions are to be filed no later than _______________.
Page 1 | TRIAL SCHEDULING ORDER — 1. Motions to Add or Amend
Plaintiff's expert report or Rule 26(b)(4) disclosure must be submitted by the stated deadline.
a. Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure(s)) Deadline: ____________.
Page 1 | TRIAL SCHEDULING ORDER — 2. Discovery
Alternative dispute resolution must be conducted on or before the date stated in the scheduling order.
a. ADR is to be conducted on or before _____________.
Page 1 | TRIAL SCHEDULING ORDER — 3. Mandatory ADR
Motions in limine must be filed by the stated deadline and include all supporting authority.
7. Motions in Limine. a. Motions in Limine are to be filed no later than __________. Motions in Limine must include all supporting authority with the motion.
Page 2 | TRIAL SCHEDULING ORDER — 7. Motions in Limine
Daubert motions must be filed no later than the date stated in the scheduling order.
Daubert motions are to be filed no later than _______________.
Page 2 | TRIAL SCHEDULING ORDER — 6. Daubert Motions
A reply brief may be filed within 5 business days after the response to a dispositive motion.
A reply brief may be filed within 5 business days after the response.
Page 2 | TRIAL SCHEDULING ORDER — 5. Dispositive Motions Deadline
Responses to Daubert motions, including all supporting authority, are due 7 business days after the motion is filed.
Responses (with all supporting authority) are due 7 business days after the motion is filed.
Page 2 | TRIAL SCHEDULING ORDER — 6. Daubert Motions
Dispositive motions must be filed no later than the date stated in the scheduling order.
Dispositive motions are to be filed no later than _____________.
Page 2 | TRIAL SCHEDULING ORDER — 5. Dispositive Motions Deadline
The interim status report is due no later than 14 days after ADR has been conducted.
4. An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Page 2 | TRIAL SCHEDULING ORDER — 4. Interim Status Report
Responses to dispositive motions are due 14 business days after the motion is filed.
Responses are due 14 business days after the motion is filed.
Page 2 | TRIAL SCHEDULING ORDER — 5. Dispositive Motions Deadline
Unless a case-specific order provides otherwise, a response to a motion in limine with all supporting authority is due no later than 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 filing of the motion in limine.
Page 2 | TRIAL SCHEDULING ORDER — 7. Motions in Limine
Defendant’s counsel must provide comments and proposed information within 5 days after receiving the draft Joint Pretrial Stipulation.
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 Stipulation.
Page 3 | Joint Pretrial Stipulation and Pretrial Conference
Plaintiff’s counsel must send a draft Joint Pretrial Stipulation at least 15 days before the filing deadline, and defendant’s counsel must provide comments and proposed information within 5 days after receiving it.
At least 15 days before the Joint Pretrial Stipulation submission deadline, Plaintiff’s Counsel shall forward to Defendant’s Counsel a draft of the Joint Pretrial Stipulation with the information Plaintiff proposes to include in that Stipulation. 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 Stipulation.
Page 3 | Joint Pretrial Stipulation and Pretrial Conference
Routine motions must be filed at least 15 calendar days before the noticed hearing date.
In Judge Winston’s cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date
Page 6 | Civil Routine Motions
A response to a routine motion is due within 7 calendar days after the motion is filed; if no timely response is filed, the Court may deem the motion unopposed and grant it before the hearing.
responses are due no later than 7 calendar days after the filing of the motion. If no response is timely filed, the Court may deem the motion as unopposed, grant the motion before the hearing, and so notify the parties.
Page 6 | Civil Routine Motions
Routine motions must be filed at least 15 calendar days before the noticed hearing date.
routine motions must be filed no less than 15 calendar days prior to the noticed date
Page 1 | Routine Motions
A response to a motion in limine, including all supporting authority, is due within seven business days after filing.
a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
Page 1 | Motions In Limine
Responses to routine motions are due no later than seven calendar days after filing the motion.
responses are due no later than 7 calendar days after the filing of the motion.
Page 1 | Routine Motions
Settlement documentation should be submitted within 60 days, or a status report should be filed if it is not finalized.
proper documentation should be submitted to the Court within sixty days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
Page 1 | Settlements
Responses must be filed no later than seven.
responses shall be filed no later than seven
Page 6 | VII. MOTIONS PRACTICE
A reply brief on a dispositive motion may be filed fourteen days after responses are received.
A reply brief on a dispositive motion may be filed fourteen days after responses are received, but no later than seven days before any hearing on the motion.
Page 6 | VII. MOTIONS PRACTICE
The source states filing deadlines for motions in limine and responses but leaves the dates blank, so no numeric deadline can be extracted.
All motions in limine shall be filed no later than and all responses to those motions shall be filed no later than .
Page 7 | C. MOTIONS IN LIMINE
Service and Proof of Service Rules
A party adding a new party must serve the new party with a copy of the Case Management Order when the party is joined.
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
Specified discovery requests and responses, excluding the actual production of documents, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, 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
When a new party is added, the party adding that party must serve the new party with the Case Management Order at the same time it serves the pleading joining the 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
Documents initiating discovery requests and responses to those requests, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.
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
Courtesy Copy Requirements
Courtesy copies of all motions and briefs must be emailed to Chambers and all Delaware counsel after the Prothonotary accepts the filing, with the File & Serve Transaction ID Number printed on each courtesy-copy cover page.
Courtesy copies of all motions and briefs must be sent to Chambers via email to Judge Winston’s Administrative Specialist and Law Clerk, with a copy to all Delaware counsel of record. Courtesy copies should not be emailed until the filing is accepted by the Prothonotary. The cover page of the courtesy copies should have the File & Serve Transaction ID Number printed on it.
Page 5 | Case Dispositive Motions
Courtesy copies of all motions and supported submissions must be emailed to the Administrative Specialist and Law Clerks, copying all Delaware counsel of record.
Courtesy copies of all motions and supported submissions must be sent to Chambers via email to Judge Winston's Administrative Specialist and Law Clerks, with a copy to all Delaware counsel of record.
Page 1 | Courtesy Copies
Two physical courtesy copies must be mailed or hand delivered to the judge's chambers.
Two physical courtesy copies must be mailed or hand delivered to Judge Winston's chambers.
Page 1 | Courtesy Copies
Courtesy copies must be sent only after the Prothonotary accepts the filing.
Courtesy copies should not be sent until the filing is accepted by the Prothonotary.
Page 1 | Courtesy Copies
Courtesy copies of briefs, exhibits, and appendices must be stapled or bound and individually tabbed.
Courtesy copies of briefs, exhibits, or appendices must be stapled or bound and tabbed individually.
Page 1 | Courtesy Copies
The first page of courtesy copies should display the File & Serve timestamp.
The first page of the courtesy copies should have the File & Serve time stamp printed on it.
Page 1 | Courtesy Copies
Counsel is encouraged to use double-sided copying or printing for courtesy copies submitted to chambers.
Counsel is encouraged to use double-sided copying or printing for copies submitted to Chambers.
Page 1 | Courtesy Copies
The judge strongly prefers spiral binding or another binding that allows the brief to lie flat when opened.
Judge Winston strongly prefers spiral binding or other bindings that allow the brief to lay flat when opened.
Page 1 | Courtesy Copies
A bound courtesy copy exceeding three inches thick should be considered for separation into two volumes.
if the bound copy would be more than 3 inches thick, consider separating the copy into two volumes.
Page 1 | Courtesy Copies
Pre-Motion Conference Requirements
The parties must meet and confer immediately after exchanging proposed pretrial stipulation and order drafts.
Immediately following the exchange of the proposed Pretrial Stipulation and Order, the parties shall meet and confer in an attempt to reach an agreement on a final Pretrial Stipulation and Order.
Page 5 | VI. PRETRIAL STIPULATION AND ORDER; TRIAL
Case dispositive motions are scheduled only after briefing is complete, with the date and time obtained from Judge Winston’s Chambers.
Case dispositive motions will be scheduled after all briefing is complete by obtaining a date and time from Judge Winston’s Chambers which can be reached at 255-2549.
Page 5 | Case Dispositive Motions
Adjournment & Extension Requirements
Amendments to the Trial Scheduling Order require 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 4 | TRIAL SCHEDULING ORDER
Deadlines in the Trial Scheduling Order are firm, and extensions may be refused absent 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 4 | TRIAL SCHEDULING ORDER
If the case is not removed by stipulation, counsel must jointly request a continuance of the scheduled trial date.
In the alternative, counsel must make a joint request for continuance of the scheduled trial date.
Page 1 | Settlements
Chambers Communication Rules
Email generally may not be used in cases involving a self-represented party without the judge's prior permission.
The use of email is not permitted when the case includes a self-represented party, unless previously permitted by Judge Winston.
Page 1 | Email-Specific Preferences
Substantive emails and certain administrative emails must be docketed and include the civil action number.
All substantive and some administrative emails are docketed and always must include the civil action number.
Page 1 | Email-Specific Preferences
Permitted substantive emails sent with advance approval or due to exigent circumstances must be copied to all Delaware counsel of record, the Administrative Specialist, and the Law Clerks.
Under these circumstances, email messages must be copied to all Delaware counsel of record, Judge Winston's Administrative Specialist, and Judge Winston's Law Clerks.
Page 1 | Email-Specific Preferences
Communications 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.
Page 1 | Communications
Plaintiff's counsel should immediately notify the Administrative Specialist, Civil Case Manager, and Law Clerk by email when a case resolves.
If a pending case is resolved, plaintiff's counsel should notify Chambers immediately via email to Judge Winston's Administrative Specialist, Case Manager, and Law Clerk.
Page 1 | Settlements
After all papers are submitted, counsel must obtain possible oral-argument dates and times through the Administrative Specialist.
After all papers have been submitted, Counsel must obtain possible dates and times for oral argument through Judge Winston's Administrative Specialist.
Page 1 | Dispositive Motions and Daubert Motions
If the case settles, Plaintiff’s Counsel must immediately notify chambers by email at the listed addresses.
In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Sydney Revell at Sydney.Revell@delaware.gov and Tykey Grimes at Tykey.Grimes@delaware.gov.
Page 5 | Settlement Negotiations
Administrative emails may be sent to Court staff only when all parties are represented and copied.
Administrative emails may be sent to Court staff if all parties are represented by counsel and are copied on the email.
Page 1 | Email-Specific Preferences
Counsel must provide phone or email notice before or when sending a fax 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
A teleconference with the Court may be requested through the Administrative Specialist.
A teleconference with the Court may be requested by contacting Judge Winston's Administrative Specialist.
Page 1 | Communications
The Administrative Specialist will email counsel or self-represented parties to set a trial date six to eight weeks after answers or default judgment.
Judge Winston's Administrative Specialist will contact counsel and/or self-represented parties, via email to set a trial date within 6 to 8 weeks after answers are filed and/or default judgments entered.
Page 1 | Initial Scheduling Conferences
Counsel may contact the Administrative Specialist to schedule an in-person or telephonic scheduling conference before the judge.
If any party requests a Scheduling Conference be handled by Judge Winston, counsel may contact Judge Winston's Administrative Specialist to schedule an in-person or telephonic scheduling conference.
Page 1 | Initial Scheduling Conferences