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

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  • 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 Patricia A. Winston

The Honorable Patricia A. Winston was appointed to the Superior Court of Delaware by Governor John C. Carney, Jr. on June 1, 2022.

Administrative contact: Sydney Revell. Chambers phone: (302) 255-2549. Preference page updated September 8, 2026.

Common questions about Judge Patricia A. Winston's rules

Are courtesy copies required for Judge Patricia A. Winston?

Courtesy-copy rule applies for motions and briefs. Details: delivery after filing accepted by prothonotary, by email. 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.

View ruleSource: page 5, section Case Dispositive Motions

Does Judge Patricia A. Winston require a pre-motion conference or letter before filing a motion?

Judge Patricia A. Winston's rules set a pre-motion procedure for covered motions. The parties must meet and confer immediately after exchanging proposed pretrial stipulation and order drafts.

View ruleSource: page 5, section VI. PRETRIAL STIPULATION AND ORDER; TRIAL

What page or word limits apply to joinder brief before Judge Patricia A. Winston?

Judge Patricia A. Winston's rule states these limits: 750 words. Excludes appendices. 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.

View ruleSource: page 6, section VII. MOTIONS PRACTICE

What page or word limits apply to motion before Judge Patricia A. Winston?

Judge Patricia A. Winston's rule states these limits: 2500 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.

View ruleSource: page 6, section VII. MOTIONS PRACTICE

What formatting rules apply to filings before Judge Patricia A. Winston?

Judge Patricia A. Winston's formatting rule includes times new roman font, 14 point type, double spacing, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, and pages must be numbered. Briefs and motions must use numbered pages, at least one-inch margins, Times New Roman 14-point type, and double spacing.

View ruleSource: page 1, section Motions & Briefing

What must be included with pretrial stipulation and order filings before Judge Patricia A. Winston?

The rule identifies required filing content or certificates. If the parties cannot agree on all pretrial terms, they must file one proposed order that identifies the disputed areas.

View ruleSource: page 5, section VI. PRETRIAL STIPULATION AND ORDER; TRIAL

What must be included with dispositive motion filings before Judge Patricia A. Winston?

The rule identifies required filing content or certificates. Every dispositive motion must be accompanied by an opening brief supporting it.

View ruleSource: page 5, section VII. MOTIONS PRACTICE

How may parties contact Judge Patricia A. Winston's chambers?

Communications to the Court or its staff must identify the case, civil action number, and represented party.

View ruleSource: page 1, section Communications

How do I request an adjournment or extension before Judge Patricia A. Winston?

Advance notice is not fully stated in the structured details. Deadlines in the Trial Scheduling Order are firm, and extensions may be refused absent good cause.

View ruleSource: page 4, section TRIAL SCHEDULING ORDER

Is electronic filing required before Judge Patricia A. Winston?

The rule addresses the filing channel for covered filings. 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.

View ruleSource: page 2, section II. LEXIS/NEXIS E-FILING PROCEDURES

When is a filing treated as filed before Judge Patricia A. Winston?

The rule addresses filing timing, filing status, or 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.

View ruleSource: page 5, section VII. MOTIONS PRACTICE

What service or proof of service rules apply before Judge Patricia A. Winston?

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 a copy of the Case Management Order when the party is joined.

View ruleSource: page 1, section I. GENERAL
Complete rules summary for Judge Patricia A. Winston

If the parties cannot agree on all pretrial terms, they must file one proposed order that identifies the disputed areas.

A party adding a new party must serve the new party with a copy of the Case Management Order when the party is joined.

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.

Specified discovery requests and responses, excluding the actual production of documents, must be served electronically through LEXIS/NEXIS.

The parties must exchange draft pretrial stipulation and order documents addressing unresolved Rule 16(c) items by the stated deadline.

The parties must meet and confer immediately after exchanging proposed pretrial stipulation and order drafts.

The parties must submit a proposed pretrial stipulation and order to the court by the stated deadline.

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.

Every dispositive motion must be accompanied by an opening brief supporting it.

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.

A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.

A separate joinder or supporting brief must comply with the typeface requirement of Superior Court Civil Rule 107(b).

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.

A reply brief on a dispositive motion must be filed fourteen days after the responses are filed.

Every brief filed on a dispositive motion must conform to Superior Court Civil Rule 107.

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.

A discovery motion or other non-dispositive, non-in-limine motion must comply with the typeface requirement of Rule 107(b).

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.

Absent leave of the court, discovery and other motions must be filed at least fifteen calendar days before the noticed hearing date.

Responses must be filed no later than seven.

Responses to certain motions are limited to 2,500 words, and no reply submission may be filed.

Each motion in limine must be a speaking motion limited to 2,500 words and comply with the typeface requirement of Rule 107(b).

Responses to motions in limine are limited to 2,500 words.

A letter to the Court may not exceed 1,000 words.

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.

Documents initiating discovery requests and responses to those requests, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.

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.

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.

A reply brief on a dispositive motion may be filed fourteen days after responses are received.

The parties must submit a proposed Pretrial Stipulation and Order to the court by the stated deadline.

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