Superior Court of Delaware, New Castle County Adjournment & Extension Requirements
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Requirements for requesting adjournments, extensions, and continuances. This page is scoped to Superior Court of Delaware, New Castle County; use the court rules overview to switch categories without leaving this court.
An extension of time to file the appellate record or any brief requires a court order supported by a showing of good cause, regardless of party consent.
The extension of the time for filing of the record or of any brief ordered by the Court will not be authorized, whether or not consent of the parties is obtained, unless the Court enters an order upon a showing of good cause for such enlargement.
A party seeking to change a scheduling-order deadline must give reasonable notice and apply under Rule 7(b) or obtain a written stipulation and order, but the requirement does not apply to deadlines outside the scheduling order.
(i) A party, upon reasonable notice to other parties and all persons affected thereby, who proposes a change to a deadline contained in a scheduling order entered by the Court in accordance with this Rule shall make an application to the Court for such a change pursuant to Rule 7(b) or by written stipulation and order. Subsection (i) shall not apply to deadlines that are not contained in the scheduling order.
An extension to file the record or any court-ordered brief is authorized only when the court enters an order based on a showing of good cause, regardless of party consent.
The extension of the time for filing of the record or of any brief ordered by the Court will not be authorized, whether or not consent of the parties is obtained, unless the Court enters an order upon a showing of good cause for such enlargement.
Failure to meet the scheduling order's deadlines without showing good cause will likely result in the Court refusing 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.
An untimely motion in limine seeking dispositive relief or Daubert relief may be summarily denied unless the court grants leave and the motion articulates good cause for the missed deadline.
Should a Motion in limine be filed that seeks dispositive relief or relief under Daubert and D.R.E. 702, et. seq. it may be SUMMARILY DENIED unless leave from the Court is given to file an untimely dispositive or Daubert motion, articulating good cause for the failure to file such a motion under the appropriate deadline.
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.
Failure to meet the scheduling-order deadlines will likely 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.
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).
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.
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.
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.
A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the additional pages sought and opposing counsel's position.
Parties who seek to exceed the page limit should file a letter, at least two days before the deadline for the filing, requesting permission to exceed the page limit, specifying the number of additional pages sought, and indicating opposing counsel's position on the request.
A request to exceed a dispositive-motion word limit must be filed at least two business days before the 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.
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.
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.
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.
A request to continue a trial date must be filed as a routine motion stating each other party's position or explaining that opposing counsel or the self-represented party could not be reached, rather than submitted as a letter or email.
A Motion to Continue a Trial Date shall be filed as a routine motion and must include the position of each other party or otherwise represent that opposing counsel or a self-represented party could not be reached. The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
Any motion or letter seeking rescheduling, additional time, expanded page or word limits, or similar relief must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
Any motion or letter requesting rescheduling, additional time, expansion of the page limit or word count, or other similar action must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
A motion to continue a trial date must be scheduled as a routine motion and must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
A motion to continue a trial date shall be scheduled as a routine motion and must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
A motion to continue a trial date must be scheduled as a routine motion.
A motion to continue a trial date shall be scheduled as a routine motion.
A motion to continue a trial date must be scheduled as a routine motion and address the position or unavailability of every other party.
A motion to continue a trial date shall be scheduled as a routine motion and must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
A motion to continue a trial date must be filed as a routine motion and include each other party’s position or state that opposing counsel or the self-represented party could not be reached.
A Motion to Continue a Trial Date shall be filed as a routine motion and must include the position of each other party or otherwise represent that opposing counsel or a self-represented party could not be reached.
Scheduling-order deadlines are firm, extensions may be denied absent good cause, and amendments require a court order entered on an appropriate motion or party stipulation using the specified form.
Failure to meet these deadlines, absent good cause shown, may result in the Court refusing to allow extensions regardless of the consequences. Amendments to this Trial Scheduling Order must be by Order of the Court on appropriate motion or stipulation of the parties using the form included under Judge Augusthy’s preferences.
A Motion to Continue a Trial Date must be filed as a routine motion and state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
A Motion to Continue a Trial Date shall be filed as a routine motion and must include the position of each other party or otherwise represent that opposing counsel or a self-represented party could not be reached.
Firm pretrial and trial dates will not be continued merely because of scheduling conflicts with other civil cases.
Firm pretrial and prompt trial dates will be established which will not be continued due to scheduling conflicts with other civil cases.
When counsel agree on additional hearing time, the request may be made to the judicial assistant during scheduling; if they disagree, a single joint letter must state each side’s position.
If counsel agree on the amount of time, then the request can be made to the judicial assistant when scheduling the hearing. If counsel disagree, then the request should be made in a single, joint letter that sets forth each side’s position.
Before requesting more hearing time, the requesting party should confer with the other parties and report their position to the Court.
Before requesting additional time for any hearing, the requesting party should confer with the other parties in the action to determine their position and report that position to the Court.
A case moved to the bankruptcy docket will be dismissed without further notice after 24 months unless a party timely files with the originally assigned judge a motion showing good cause for an extension.
In accordance with Superior Court Civil Rule 41(g), this notice is to advise you that the above referenced case was moved from the active docket to the bankruptcy docket today. Twenty-four (24) months from the date of this letter, the action shall be dismissed without further notice unless, prior to the expiration of the twenty-four (24) month period a party files a motion with the originally assigned Judge to extend the period for good cause.
A case moved to the dormant docket will be dismissed without further notice after 24 months unless a party timely files with the originally assigned judge a motion showing good cause for an extension.
In accordance with Superior Court Directive 2013-4, this notice is to advise you that the above referenced case was moved from the active docket to the Dormant docket today. Twenty-four (24) months from the date of this letter, the action shall be dismissed without further notice unless, prior to the expiration of the twenty-four (24) month period a party files a motion with the originally assigned Judge to extend the period for good cause.
The parties may be excused from the ADR deadline only by court order.
The parties may be excused from this deadline only by order of the Court.
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.
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.
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.
Any amendment or modification to the scheduled event deadlines requires court approval.
Any amendments or modifications to the event deadlines established in this Order will require Court approval.
The court will not consider an extension request submitted after the applicable deadline.
The Court will not consider a request for an extension submitted after the deadline expires.
Unjustified failure to meet CSO deadlines may result in denial of an extension.
Failure to meet deadlines in the CSO, without good cause, may result in the Court's refusal to allow extensions.
If all counsel expect an early settlement, plaintiff’s counsel may request postponement of the scheduling conference.
After receiving a Scheduling Conference date and time, if all counsel believe that the case is likely to settle soon, Plaintiff's counsel, speaking for all parties, may write the Court requesting the Scheduling Conference's postponement.
Requests for relief should be made by motion rather than by letter or email.
The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
If all counsel anticipate an imminent settlement, plaintiff's counsel may request postponement of the scheduling conference on behalf of all parties.
After receiving a Scheduling Conference date and time, if all counsel believe that an imminent settlement of the case is likely, Plaintiff's counsel, speaking for all parties, may write the Court requesting the Scheduling Conference's postponement.
Unless the court orders otherwise, an approved scheduling-conference postponement will continue indefinitely.
Unless ordered otherwise, the conference will be indefinitely postponed.
The court may deny extensions when scheduling-order deadlines are missed without good cause.
Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions.
A request to continue a trial date must be filed as a routine motion, preferably through a motion rather than a letter or email.
A Motion to Continue a Trial Date is filed as a routine motion. The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
Failure to meet Trial Scheduling Order deadlines without good cause may result in denial of an extension.
Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions.
After the Administrative Specialist contacts all parties, plaintiff's counsel may request an indefinite postponement on behalf of all parties when all counsel expect an early settlement.
After the Administrative Specialist 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 that the scheduling of a trial date be postponed. Unless ordered otherwise, scheduling will be indefinitely postponed.
The Court may grant reasonable requests for additional hearing time when warranted, including for post-trial argument involving a large record.
The Court will be receptive to reasonable requests for extra time when the situation warrants, such as a post-trial argument involving a large record.
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.
How do I request an adjournment or extension in Superior Court of Delaware, New Castle County?
Advance notice is not fully stated in the structured details. The request must include reason for request. An extension of time to file the appellate record or any brief requires a court order supported by a showing of good cause, regardless of party consent.
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