Superior Court of Delaware, New Castle County Document Filing Requirements

Applies to

Correspondence

Correspondence to the judge must be signed by an attorney from the attorney of record's law firm.

All correspondence directed to Resident Judge Butler must be signed by an attorney in the law firm of the attorney of record.

Applies to

Court action request

A nonmotion request for court action must state every party's position or explain that the opposing party could not be reached.

If you are requesting Court action of some kind (in instances where a motion is otherwise not appropriate) you must state the position of all parties or otherwise represent that opposing counsel or self-represented party could not be reached.

Applies to

Scheduling order

Entered scheduling orders must be complied with, and deviations require court approval.

Trial Scheduling Orders, once entered, are Orders of the Court. Compliance is not optional with the parties. Deviation from a Scheduling Order should be undertaken only upon approval by the Court.

Applies to

Routine motion

Each routine motion must state whether it is opposed or unopposed.

Routine motions must indicate whether they are opposed or unopposed.

Applies to

Pretrial stipulation

Trial counsel and pro hac vice counsel must attend the pretrial conference.

Trial counsel, including pro hac vice counsel, must attend the Pretrial Conference.

Applies to

Proposed order

The proposed pretrial order must cover 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.

Applies to

Communication

Every communication 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.

Applies to

Correspondence

Correspondence must be signed by a Delaware attorney in the attorney-of-record's law firm and copied to opposing counsel.

All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and must be copied to opposing counsel.

Applies to

Email

Substantive and the administrative emails that are docketed must include the civil action number.

All substantive and some administrative emails are docketed and always must include the civil action number.

Applies to

Case information statement

Counsel must identify related pending Superior Court cases on the Case Information Statement filed with the complaint or answer.

Counsel always should 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.

Applies to

Letter

A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the number of extra 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.

Applies to

Letter

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.

Applies to

Proposed order

Must include

proposed order

A proposed order must include a signature line for Judge Brennan.

The proposed order must include a line for Judge Brennan's signature.

Applies to

Proposed order

The proposed order's 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").

Applies to

Proposed order

The proposed-order filing must be linked to the documents to which it applies.

The filing also must be linked to the documents to which the proposed order refers or applies.

Applies to

Stipulation

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.

Applies to

Pretrial stipulation

Counsel must use Superior Court Civil Form 46 for pretrial stipulations.

Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations.

Applies to

Jury instructions

Jury instructions must be submitted with a table of contents.

Jury instructions shall be submitted with a table of contents.

Applies to

Motion in limine

Motions in limine must be filed by the scheduling order's stated deadline, which is blank, and must include all supporting authority.

(2) Filing of Motions in limine. Motions in limine are to be filed no later than . Motions in limine must include all supporting authority with the motion.

Applies to

Motion

The case dispositive motion and response must include a notice page indicating the motion hearing date and time.

The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.

Applies to

Proposed order

Must include

proposed order

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

Applies to

Jury instructions

Must include

proposed order

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

Applies to

Special interrogatories

The parties must submit any special interrogatories to the Court by the stated pretrial deadline.

any special interrogatories.

Applies to

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.

Applies to

Final trial 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

Applies to

Proposed pretrial order

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.

Applies to

Pretrial stipulation

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.

Applies to

Interim status report

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.

Applies to

Jury instructions

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

Applies to

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:

Applies to

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;

Applies to

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."

Applies to

Interim 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.

Applies to

Interim status report

The Interim Status Report must not disclose information concerning settlement offers or demands.

Do not include information on offers or demands.

Applies to

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.

Applies to

Correspondence

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.

Applies to

Letter requesting court action

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.

Applies to

Substantive email

Must include

case number

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.

Applies to

Case information statement

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.

Applies to

Scheduling order

Must include

proposed order

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.

Applies to

Status report

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.

Applies to

Reply brief

The moving party may not file a reply to responses in dispositive and Daubert motion practice.

No reply by the moving party is permitted.

Applies to

Case dispositive motion

A case dispositive motion and its response must include a notice page indicating the date and time of the motion hearing.

The motion and the response shall not exceed six (6) pages in length and shall have a notice page indicating the date and time of the motion hearing.

Applies to

Correspondence

Correspondence must be signed by a Delaware attorney in the attorney of record's law firm and copied to opposing counsel.

All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and copied to opposing counsel.

Applies to

Letter requesting court action

A letter requesting court action when a motion is inappropriate must state all parties' positions or explain why opposing counsel or the self-represented party 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 self-represented party could not be reached.

Applies to

Substantive email

Must include

case number

Every substantive email must include the civil action number because substantive emails are docketed.

Substantive emails are docketed and must always include the civil action number.

Applies to

Trial scheduling order amendment

A Trial Scheduling Order amendment must be made by appropriate motion or joint stipulation and must be ordered by the Court.

TSO amendments must be made by (1) appropriate motion or (2) joint stipulation, and ordered by the Court.

Applies to

Stipulation

Stipulations altering scheduling orders, vacating a trial date, or otherwise likely to affect 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.

Applies to

Dispositive or daubert briefing

The dispositive motion, response, and reply must contain a notice page identifying the date and time of the motion hearing.

The motion, response and reply shall not exceed 10 pages, and shall have a notice page indicating the date and time of the motion hearing.

Applies to

Letter requesting page limit variation

A request to exceed the page limit must request permission, state the number of additional pages sought, and identify opposing counsel's position on the request.

Counsel who seeks to exceed the page limit should file a letter, at least two business 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.

Applies to

Proposed order

Every proposed order must include a signature line for Judge Jones.

The proposed order must include a line for Judge Jones' signature.

Applies to

Proposed order

A proposed order's 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").

Applies to

Stipulation

All Delaware counsel and all self-represented litigants must sign a stipulation before the court will consider it.

All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.

Applies to

Court communication

Must include

case number

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.

Applies to

Correspondence

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.

Applies to

Letter

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.

Applies to

Motion

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.

Applies to

Proposed order

A proposed order must be uploaded as a separate filing.

A proposed order must be uploaded separately from other documents.

Applies to

Proposed order

A proposed order must include a signature line for Judge Miller.

The proposed order must include a line for Judge Miller's signature.

Applies to

Proposed order

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').

Applies to

Proposed order

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.

Applies to

Proposed jury instructions

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.

Applies to

Proposed jury instructions

Proposed jury instructions must contain a table of contents.

Jury instructions are to contain a table of contents.

Applies to

Proposed order

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.

Applies to

Pretrial stipulation

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.

Applies to

Jury instructions

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.

Applies to

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.

Applies to

Case dispositive 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.

Applies to

Pretrial order

Must include

proposed order

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.

Applies to

Pretrial stipulation

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.

Applies to

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.

Applies to

Stipulation of dismissal

The parties must file a stipulation of dismissal with the Prothonotary within 60 days after the court is notified of settlement.

The parties must also file a stipulation of dismissal with the Prothonotary within 60 days of the Court being notified of the settlement.

Applies to

Interim status report

Plaintiff’s counsel must file an interim status report no more than 14 days after ADR, with a copy to Judge’s Chambers.

An interim status report is to be filed by Plaintiff’s counsel no more than 14 days after the ADR has been conducted, with a copy to Judge’s Chambers.

Applies to

Motion or response

Must include

caption

An original motion and any response must be filed with a notice page stating the argument or hearing date and time.

The original motion and any response thereto shall be filed with the Prothonotary’s Office with a notice page indicating the argument or hearing date and time.

Applies to

Routine motion or response

Must include

caption

A routine motion and its response must include a notice indicating the argument or hearing date and time.

The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

Applies to

Court correspondence

Must include

caption, case number

All correspondence with the Court or its staff must identify the case, case number, and represented party.

All correspondence addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil or criminal case number, and the name of the party the communicating counsel represents.

Applies to

Motion

A motion is mandatory when a party requests significant court action, while correspondence may be used for minor requests.

While formal correspondence with the Court may be appropriate for some minor requests, a motion must be filed if any significant court action is requested.

Applies to

Administrative appeal transcript

An administrative appeal will not proceed until the lower tribunal's transcript is received.

An appeal will not be processed until the appropriate fees are paid or waived by the Court and the transcript is received from the administrative body or court below.

Applies to

Motion

Must include

proposed order, certificate of service

A request for Court action must be filed as a motion with a Notice of Motion, motion, Certificate of Service, and proposed form of order.

Requests for Court action should be submitted in the form of a motion and include: a Notice of Motion, Motion, Certificate of Service, and proposed Form of Order.

Applies to

Motion

A motion must state every party's position or explain that opposing counsel or the self-represented party could not be reached; otherwise it will be rejected.

All requests for court action must state the position of all parties or represent that opposing counsel or self-represented party could not be reached. FAILURE to state opposing party's position will be rejected by the Court.

Applies to

Motion

Each motion must bear an attorney of the Delaware attorney's law firm's signature, and its signature block must include the firm's name and attorney email and telephone information.

All motions must be signed by an attorney in the law firm of the Delaware attorney of record. The signature block must include the law firm's name, attorney(s) email address(es) and telephone number.

Applies to

Certificate of service

Must include

certificate of service

The Certificate of Service must identify every opposing attorney and pro se litigant.

The Certificate of Service must include all opposing names of all counsel of record and/or any pro se litigant(s).

Applies to

Notice of motion

The Notice of Motion must identify whether the hearing will use Courtscribes or an in-person courtroom.

Please indicate on the Notice of Motion whether the hearing will be scheduled via Courtscribes or as in-person hearing via a Courtroom.

Applies to

Routine motion

A routine motion and its response must include notice of the argument or hearing date and time.

The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

Applies to

Case dispositive motion

A case-dispositive or Daubert motion and its response must include all supporting authority.

Motions and Responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.

Applies to

Proposed order

Must include

proposed order

A proposed order must be uploaded as a separate document and include a signature line for Judge Vavala.

A proposed order must be uploaded separately from other documents and must include a line for Judge Vavala signature.

Applies to

Proposed order

The proposed order's 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").

Applies to

Proposed order

The proposed-order filing must be linked to the documents to which the order applies.

The filing also must be linked to the documents to which the proposed order refers or applies

Applies to

Stipulation

Every Delaware attorney or self-represented litigant must sign a stipulation and proposed order before the Court will consider it.

All Delaware counsel and/or self-represented litigants must sign the stipulation and [proposed] order before it will be considered by the Court.

Applies to

Proposed jury instructions

A disputed or alternative proposed jury instruction must explain the objection with supporting legal authority and include the 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.

Applies to

Proposed jury instructions

Proposed jury instructions must contain a table of contents.

Jury instructions are to contain a table of contents.

Applies to

Pretrial order

Trial counsel, including pro hac vice counsel, and pro se litigants must attend the pretrial conference.

Trial counsel, including pro hac vice counsel, and pro se litigants must attend the Pretrial Conference.

Applies to

Case information statement

The Case Information Statement must identify related Superior Court cases.

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.

Applies to

Motion in limine

A particularly significant evidentiary issue, other than a Daubert issue, must be raised by a motion in limine.

Any particularly significant evidentiary issue, other than Daubert motions, shall be raised by a motion in limine.

Applies to

Motion in limine

A motion in limine concerning a significant pretrial issue must be noticed for the Pretrial Conference date in the Trial Scheduling Order.

If the issue is particularly significant and should be resolved at the Pretrial Conference, a motion in limine should be filed. The motion shall be noticed for the Pretrial Conference date provided within the Trial Scheduling Order.

Applies to

Motion in limine response

Must include

word count

The signature block must state the document's word count using the phrase "Words:" and thereby certify compliance with the applicable word limit.

Motions and responses must include in the signature block the phrase "Words:", followed by the number of words in the document. Use of that phrase constitutes a certification by the signatory of the document, whether counsel or unrepresented party, that the document complies with the word limit.

Applies to

Proposed order

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.

Applies to

Proposed order

Must include

proposed order

A proposed order must contain a signature line for Judge Horton and a title specifically identifying the motion addressed.

The proposed order must include a line for Judge Horton's signature. The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").

Applies to

Stipulation

A stipulation must be signed by all Delaware counsel and self-represented litigants before the Court will consider it.

All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.

Applies to

Stipulation

Stipulations altering scheduling orders, vacating trial dates, or affecting the Court's 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.

Applies to

Pretrial stipulation

Counsel must use Superior Court Civil Form 46 for pretrial stipulations and identify relevant legal or evidentiary issues with supporting authority citations.

Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations. 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.

Applies to

Jury instructions

Proposed jury instructions must include a table of contents.

Jury instructions shall be submitted with a table of contents.

Applies to

Pretrial stipulation and order

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.

Applies to

Pretrial stipulation and order

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.

Applies to

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.

Applies to

Dispositive motion

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.

Applies to

Pretrial order

Must include

proposed 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.

Applies to

Motion in limine

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.

Applies to

Pretrial conference

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.

Applies to

Joint pretrial stipulation

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 _________________.

Applies to

Joint pretrial stipulation

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.

Applies to

Special voir dire questions

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.

Applies to

Jury instructions

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).

Applies to

Jury instructions

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.

Applies to

Final trial status report

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).

Applies to

Motion in limine

Must include

word count

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.

Applies to

Letter

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Proposed order

The proposed order must include a signature line for Judge Winston.

The proposed order must include a line for Judge Winston's signature.

Applies to

Stipulation

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.

Applies to

Stipulation

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.

Applies to

Jury instructions

Jury instructions must be submitted with a table of contents.

Jury instructions shall be submitted with a table of contents.

Applies to

Jury instructions

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.

Applies to

Stipulation of dismissal

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.

Applies to

Opening brief

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.

Applies to

Motion

A case-dispositive motion must include a notice page indicating the date and time of the motion hearing.

The motion and the response shall not exceed 6 pages in length and shall have a notice page indicating the date and time of the motion hearing.

Applies to

Pretrial order

Must include

proposed order

The parties must exchange drafts of a Pre-Trial Stipulation and Order addressing unresolved Civil Rule 16(c) items by the stated pretrial 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.

Applies to

Pretrial order

Must include

proposed order

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

On or before _____________, the parties shall submit to the Court a proposed Pre-Trial Stipulation and Order.

Applies to

Pretrial order

Must include

proposed order

If the parties cannot agree on every term, they must file one proposed pretrial order identifying all disputed areas.

In the event the parties cannot reach agreement on all the terms of the Pre-Trial 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.

Applies to

Dispositive motion

Every dispositive motion must include an opening brief supporting it.

Each dispositive motion shall be accompanied by an opening brief supporting the motion.

Applies to

Dispositive motion

Each dispositive motion must be accompanied by an opening brief supporting the motion.

Each dispositive motion shall be accompanied by an opening brief supporting the motion.

Applies to

Correspondence

Only counsel may write directly to Judge Wallace, and counsel’s correspondence must be signed by an attorney from the attorney of record’s law firm.

Only counsel, not legal staff, may write directly to Judge Wallace. All correspondence must be signed by an attorney in the law firm of the attorney of record.

Applies to

Letter requesting court action

A nonmotion letter requesting court action must state every other party’s position or explain that the party 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 each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

Applies to

Case information statement

Counsel must identify related pending Superior Court cases on the Case Information Statement accompanying 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.

Applies to

Dispositive motion response reply

The dispositive motion, response, and reply must each include a notice page stating the oral-argument time.

The motion, response and reply shall not exceed 6 pages (unless permission has previously been granted to exceed the page limit) and shall include a notice page indicating the time for argument.

Applies to

Confidential filing

Every Confidential Filing must include a cover page identifying the litigation and filing and displaying the specified unauthorized-access warning and contact information.

In addition, every Confidential Filing must be submitted with a cover page bearing the title of the Litigation, the title of the Confidential Filing, and stating: YOU ARE IN POSSESSION OF A CONFIDENTIAL FILING FROM THE SUPERIOR COURT OF THE STATE OF DELAWARE. If you are not authorized by Court order to view or retrieve this document, read no further than this page. You should contact the following person: [Filing Attorney or Party Name] [Filing Attorney Law Firm] [Filing Attorney or Party Address]

Applies to

Pretrial order

Must include

proposed order

If the parties cannot agree on all terms of the pretrial stipulation and order, they must file one proposed order noting their disagreements.

In the event the parties cannot reach agreement on all the terms of the Pre-Trial 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.

Applies to

Pretrial conference

Delaware counsel and trial counsel must attend the pretrial conference unless the court expressly excuses them.

Delaware counsel and trial counsel must appear unless expressly excused by the Court.

Applies to

Opening brief

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.

Applies to

Confidential filing

Every Confidential Filing must include a cover page identifying the litigation and filing and stating the prescribed confidentiality warning.

In addition, every Confidential Filing must be submitted with a cover page bearing the title of the Litigation, the title of the Confidential Filing, and stating:

Applies to

Confidential filing

When a public version will be filed, the Confidential Filing's cover page must state the public-version filing deadline.

If a public version of the Confidential Filing will be filed in accordance with Superior Court Civil Rule 5(g), then the cover page shall also state: A public version of this document will be filed on or before [DATE]

Applies to

Motion

Must include

local rule certificate

The motion seeking continued confidential treatment certifies that its signer personally reviewed the confidential filing and that continued treatment is appropriate.

The filing of the motion constitutes a certification that the signer of the motion personally reviewed the Confidential Filing and that continued Confidential Treatment is appropriate.

Applies to

Correspondence

Only counsel may write directly to Judge Lugg, and all correspondence must be signed by an attorney from the attorney of record’s law firm and copied to opposing counsel or a self-represented party.

Only counsel, not legal staff, may write directly to Judge Lugg. All correspondence must be signed by an attorney in the law firm of the attorney of record and copied to opposing counsel, or the party if self-represented.

Applies to

Letter

A letter requesting court action when a motion is inappropriate must state each other party’s position or explain that opposing counsel or the self-represented party 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 each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

Applies to

Case information statement

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.

Applies to

Proposed order

Must include

proposed order

A proposed order must specifically identify the motion it addresses.

Proposed orders shall state with particularity the motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").

Applies to

Motion

Dispositive or Daubert-type motions, responses, and replies must 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.

Applies to

Motion in limine

Daubert motions must not be filed as motions in limine.

Daubert motions shall not be filed as motions in limine.

Applies to

Letter

A nonmotion letter requesting court action must state each other party's position or explain that the party 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 each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

Applies to

Trial scheduling order amendment

A Trial Scheduling Order may be amended only by an appropriate motion or joint stipulation and requires a court order.

TSO amendments must be made by (1) appropriate motion or (2) joint stipulation, and must be ordered by the Court.

Applies to

Status report

Plaintiff's counsel must submit a status report within sixty days after the postponed scheduling-conference date.

Plaintiff's counsel must then submit a status report within sixty days of the date of the postponed conference.

Applies to

Dispositive motion briefing

The dispositive motion, response, and reply must each include a notice page stating the oral-argument time.

The motion, response and reply shall not exceed 6 pages (unless permission has previously been granted to exceed the page limit) and shall include a notice page indicating the time for argument.

Applies to

Proposed order

Must include

certificate of service

A separately filed proposed order must include either a certificate of service or a letter bearing 'CC' at the bottom.

If a proposed order is not filed with its responsive motion, a Certificate of Service or a letter with 'CC' at the bottom is required to be filed with it.

Applies to

Proposed order

A proposed order must contain a signature line for the presiding judicial officer.

There must be a line for the presiding judicial officer to sign.

Applies to

Proposed order

A proposed order's title must specifically identify what the order addresses.

The document title must state with particularity what the proposed order addresses.

Applies to

Proposed order

The proposed-order filing must be linked to the documents to which it refers or applies.

The filing must be linked to the documents to which the proposed order refers or applies.

Applies to

Stipulation

All Delaware counsel and all self-represented litigants must sign a stipulation.

All Delaware counsel/self-represented litigants must sign a stipulation.

Applies to

Final trial status report

The final trial status report must confirm exhibit exchange and no objections, jury-instruction exchange and submission, and agreement that no evidentiary or legal issues remain for the court to resolve before trial.

The final trial status report shall advise the Court of the following: (1) that all exhibits have been exchanged or reviewed by the parties or counsel, and there are no objections to any exhibit; (2) that proposed jury instructions have been exchanged, discussed, exceptions noted, with a copy submitted with status report in the form required by paragraph 9 above; and (3) that the 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.

Applies to

Pretrial stipulation

The pretrial stipulation must state whether motions in limine have been filed and identify the related evidentiary issues.

Counsel must also indicate in the pretrial stipulation whether the filing of any motions in limine has occurred and the evidentiary issues to which they relate.

Applies to

Jury instructions

Plaintiff’s counsel must provide the court with an agreed-upon jury instruction set in both hard-copy and digital-media form.

Plaintiff’s counsel shall provide to the Court an agreed-upon set of instructions (both hard copy and via digital media).

Applies to

Jury instructions

When jury instructions are disputed, the submission must identify each disagreement and include defense counsel’s proposed instructions and supporting authority.

If 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.

Applies to

Pretrial stipulation

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.

Applies to

Interim status report

Plaintiff’s counsel must file the Interim Status Report with the assigned judge and submit 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.”

Applies to

Interim status report

The Interim Status Report must address the issues, discovery progress, and ADR results, must omit offers and demands, and should reflect both parties’ input.

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 mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands. This document should reflect input from both parties.

Every communication 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.

Applies to

Letter

A letter requesting court action must state every party's position or explain reasonable efforts to reach opposing counsel or a self-represented party.

A letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.

Applies to

Trial scheduling order amendment

A Trial Scheduling Order may be amended only by motion or joint stipulation and requires court approval; a motion must address the position or unavailability of every other party.

TSO amendments must be made by (1) motion or (2) joint stipulation and must be ordered by the Court; any motion must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

Applies to

Motion

A motion to continue a trial date 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.

Applies to

Brief

The dispositive motion, response, and reply must each include a notice page stating the time for oral argument.

The motion, response, and reply shall each not exceed 6 pages (unless permission has previously been granted to exceed the page limit) and shall include a notice page indicating the time for argument.

Applies to

Interim status report

Plaintiff’s counsel must file the Interim Status Report and provide a copy to the judge’s chambers.

The Interim Status Report is to be filed by Plaintiff’s Counsel with a copy to the Judge’s chambers.

Applies to

Interim status report

The Interim Status Report must describe the issues, discovery progress, and mandatory ADR results, but must not include information about settlement offers or demands.

The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands.

Applies to

Interim status report

The Interim Status Report must reflect input from both parties, and plaintiff’s counsel must obtain defense counsel’s consent sufficiently early to meet the filing deadline.

This document should reflect input from both parties. Plaintiff’s counsel is responsible for obtaining defense counsel’s consent to form or additional input to be included in the Report sufficiently in advance of the submission deadline to ensure compliance with the deadline.

Applies to

Motion in limine

A motion in limine must include all supporting authority in the motion filed with the court.

Motions in Limine must include all supporting authority with the motion.

Applies to

Proposed order

The proposed pretrial order must cover all matters listed in Form 46.

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.

Applies to

Pretrial stipulation

The Pretrial Stipulation must identify any motions in limine and the evidentiary issue presented.

Counsel shall indicate in the Pretrial Stipulation whether any motions in limine have been filed and the evidentiary issue sought to be resolved.

Applies to

Pretrial stipulation

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.

Applies to

Jury instructions

Plaintiff's counsel must provide the court an agreed-upon jury instruction set in both hard-copy and DOCX formats by email.

Plaintiff’s counsel shall provide the Court an agreed-upon set of instructions (both hard copy and in Microsoft Word (.docx) format to Kimberly.Henson@Delaware.gov).

Applies to

Jury instructions

When jury instructions are disputed, the submission must identify each disputed instruction and include Defense Counsel's proposed language and supporting authority.

If 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 their respective proposed instructions and supporting authority.

Applies to

Final trial status report

The Final Trial Status Report must confirm that exhibits were exchanged or reviewed and that no objections remain.

The final trial status report shall advise the Court of the following: (1) that all exhibits have been exchanged or reviewed by the parties or counsel, and there are no objections to any exhibit;

Applies to

Final trial status report

The Final Trial Status Report must confirm exchange and discussion of jury instructions, note exceptions, and include the required copy.

(2) that proposed jury instructions have been exchanged, discussed, exceptions noted, with a copy submitted with the status report in the form required by paragraph (i) above;

Applies to

Final trial status report

The Final Trial Status Report must confirm review of any special voir dire request, absence of objections, and attachment of a copy.

(3) that any request for special voir dire has been reviewed by the opposing party and there are no exceptions or objections, and that a copy of the requested special voir dire is attached to the letter

Applies to

Interim status report

Plaintiff’s counsel must file an Interim Status Report with a copy to the judge’s chambers, and the report must address the issues, discovery progress, and ADR results.

The Interim Status Report is to be filed by Plaintiff’s Counsel with a copy to the Judge’s chambers. The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter.

Applies to

Court order request

Must include

proposed order

A requested court order should be accompanied by a proposed order form.

If you are requesting a Court Order, please attach a form of Order for the Court.

Applies to

Case information statement

Counsel should 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.

Applies to

Scheduling order modification request

A request to shorten the period before the pretrial conference should state whether either party intends to file a case-dispositive motion.

If the amended scheduling Order seeks to shrink the time between the deadline for filing case dispositive motions and the pretrial conference, the parties should indicate in the request for amendment whether either party intends to file a case dispositive motion as this may bear upon the Court's willingness to approve the requested amendment.

Applies to

Case dispositive motion

A case-dispositive motion should request notice for the court's convenience.

When a case dispositive motion is filed, it should be noticed to "the convenience of the Court."

Applies to

Pretrial stipulation

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.

Applies to

Pretrial stipulation

The pretrial stipulation should identify all relevant legal or evidentiary issues and include brief citations supporting 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.

Applies to

Letter

A letter requesting court action must state all parties' positions or explain diligent efforts to reach opposing counsel or a self-represented party.

Any letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.

Applies to

Notification

Counsel must promptly notify the Judicial Case Manager when an omitted related-case reference has resulted in assignment to a different judge.

If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case and a later-filed, related civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the later-filed case.

Applies to

Brief

Copies of unreported decisions must be provided when counsel lacks Westlaw access or the decisions are unavailable on Westlaw.

If counsel does not have access to Westlaw, or if the decision is not available on Westlaw, a copy of unreported decisions should be provided.

Applies to

Pretrial stipulation

The pretrial stipulation should identify all relevant legal or evidentiary issues with supporting citations.

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.

Applies to

Adr transcript

ADR proceedings may not be transcribed unless the court specifically authorizes transcription for good cause.

The ADR proceedings shall not be transcribed unless specifically authorized by the Court for good cause

Applies to

Adr proceeding

All parties must attend and participate in ADR in good faith unless expressly excused by the ADR practitioner.

All parties must attend and participate in the ADR in good faith, unless expressly excused by the ADR practitioner.

Applies to

Adr proceeding

Insurance adjusters with authority up to policy limits must attend ADR.

Insurance adjusters with authority up to policy limits must also be present.

Applies to

Interim status report

Plaintiff’s Counsel must file an Interim Status Report with the assigned judge that addresses the issues, discovery progress, and ADR results, reflects input from both parties, and excludes offers and demands.

The Interim Status Report is to be filed by Plaintiff(s)’s Counsel with a copy to the assigned Judge. 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 mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands. This document should reflect input from both parties.

Applies to

Interim status report

Plaintiff’s counsel must obtain defense counsel’s consent to the report’s content 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.

Applies to

Notice of adr

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

Applies to

Trial scheduling order

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.

Applies to

Non opposition letter

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.

Applies to

Unopposed motion

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.

Applies to

Pretrial stipulation

Counsel should use Superior Court Civil Form 46 for pretrial stipulations.

Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.

Applies to

Motion in limine

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.

Applies to

Motion to continue trial date

A request to continue a trial date should be made by routine motion rather than by letter or email.

Motion to Continue a Trial Date is filed as a routine motion. The Court discourages requests for relief be submitted in the form of letters or emails. Such requests should be made by motion.

Applies to

Case information statement filed with complaint

The Case Information Statement filed with a complaint should identify related Superior Court cases to facilitate assignment to the same judge.

Counsel always should 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.

Applies to

Trial scheduling order amendment

A motion or stipulation seeking to extend discovery or expert deadlines without affecting other scheduled dates should expressly state that limitation.

If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state.

Applies to

Brief

Exhibits and unreported authorities unavailable in Westlaw ordinarily should be physically attached to briefs and motions, with a separate compendium permitted when volume makes attachment impracticable.

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.

Applies to

Pretrial stipulation

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.

Applies to

Jury instructions

In a complex case, the court may require proposed jury instructions to be filed with the pretrial stipulation and discussed at the pretrial conference.

In complex cases, the Court may require that instructions be filed with the Pretrial Stipulation and at least discussed at the Pretrial Conference.

Applies to

Motion in limine

A particularly significant evidentiary issue, especially one likely to affect ultimate disposition, should be raised by motion in limine.

Any particularly significant issue, especially those carrying a major impact on the ultimate disposition, should be raised by motion in limine.

Applies to

Motion

Must include

proposed order, certificate of service

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.

Applies to

Substantive email

Must include

case number

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.

Applies to

Case information statement

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.

Applies to

Pretrial stipulation

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.

Applies to

Pretrial stipulation

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

Exhibits

Trial exhibits must be pre-marked.

Exhibits must be pre-marked.

Applies to

ADR scheduling notice

The parties should notify the court in writing of the scheduled ADR date.

The parties should notify the Court in writing of the date the ADR is scheduled.

Applies to

Motion or response

Motions and responses must include all supporting authority.

Motions and responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.

Applies to

Motion in limine or response

Motions in limine and responses must include all supporting authority.

All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.

Applies to

Proposed order

The proposed pretrial order must cover the matters specified in Form 46 of the Superior Court Civil Rules appendix.

cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of the Superior Court Civil Rules;

Applies to

Proposed order

The proposed pretrial order must identify all potential trial exhibits by Bates number or another specific description.

identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable;

Applies to

Proposed order

The proposed pretrial order must state whether motions in limine have been filed and identify the evidentiary issue to be resolved.

indicate whether any motions in limine have been filed and the evidentiary issue sought to be resolved; and

Applies to

Proposed order

The proposed pretrial order must include any special voir dire questions a party proposes to ask the jury panel.

include any special voir dire questions any party proposes to ask of the jury panel.

Applies to

Exhibits

A trial-exhibit binder must or should include a table of contents or an exhibit list.

All trial exhibits should be in a three-ring binder with a table of contents or an exhibit list.

Applies to

Case information statement

Counsel should identify related Superior Court cases on the Case Information Statement filed with a complaint or answer.

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.

Applies to

Motion

Must include

proposed order

Every motion and response should include a proposed form of order.

All motions and responses should be accompanied by a proposed form of order.

Applies to

Stipulation

A fully effective stipulation that requires no judicial signature should be filed with the document type "Stipulation" and will not enter judicial review.

If the Stipulation is fully effectuated and does not need the judge's signature to be implemented, the document type should be "Stipulation" - this document type does not put the document into judicial review.

Applies to

Motion

Must include

proposed order, certificate of service

Requests for Court action should be submitted by motion with a Notice of Motion, Certificate of Service, and proposed Form of Order.

Whenever possible, Judge Horton prefers requests for Court action to be submitted by motion, rather than by letter, with a Notice of Motion, Certificate of Service, and proposed Form of Order so the Court can rule electronically.

Applies to

Motion

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.

Applies to

Proposed order

The proposed-order title must specifically identify the motion it addresses.

The document title must state with particularity what motion the proposed order addresses

Applies to

Motion in limine

Motions in limine must include all supporting authority.

Motions in Limine must include all supporting authority with the motion.

Applies to

Interim status report

The Interim Status Report must describe the matters in issue, discovery progress, and mandatory ADR results, must not include offers or demands, and should reflect input from both parties.

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 mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands. This document should reflect input from both parties.

Applies to

Interim status report

Plaintiff’s counsel must obtain defense counsel’s consent to any form or additional input for the report 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.

Applies to

Email

Every email must identify the subject case and civil action number and be addressed to Judge Wallace’s staff.

All emails should include the name of the subject case, the civil action number, and should be addressed to Judge Wallace's staff.

Applies to

Motion or stipulation

A motion or stipulation extending discovery or expert deadlines without affecting other scheduled dates must state that limitation.

If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state.

Applies to

Motion response

A response to a motion must substantively address each argument rather than use complaint-answer language in matching numbered paragraphs.

When responding to a motion, avoid using terms and phrases typically used in answers to complaints (Admitted, Denied as Stated, etc.) in numbered paragraphs corresponding to the numbered paragraphs in the motion. Instead each argument in the motion should be addressed substantively.

Applies to

Routine motion

An unopposed motion must state in the motion that it is unopposed, eliminating the need for separate notice.

An unopposed motion should represent that non-opposition in the motion itself, in which event no further notification is necessary.

Applies to

Routine motion

When the opponent’s position is unknown, the motion must include a clear averment describing counsel’s prefiling good-faith effort to obtain it.

If the position of the opposing party is unknown at the time of filing, filing counsel should include a clear averment explaining the good faith effort engaged to obtain the opponent's position prior to filing.

Applies to

Pretrial stipulation

Counsel should use Superior Court Civil Form 46 for the pretrial stipulation.

Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.

Applies to

Jury instructions

In a complex case, the court may require proposed jury instructions to be filed with the pretrial stipulation for discussion at the pretrial conference.

In complex cases, the Court may require that instructions be filed with the Pretrial Stipulation so they may be discussed at the Pretrial Conference.

Applies to

Discovery material

Documents and other non-testimonial discovery materials must be designated by the legend “Confidential” or “Highly Confidential” on each page, except that a permanently bound multi-page document may be marked only on its first page; native electronic information must be designated in the file or directory name or on the media.

A. In the case of documents or other materials (apart from depositions or other pre-trial testimony): (i) by affixing the legend “Confidential” or “Highly Confidential” to each page containing any Confidential or Highly Confidential Discovery Material, except that in the case of multi-page documents bound together by staple or other permanent binding, the word “Confidential” or “Highly Confidential” need only be stamped on the first page of the document in order for the entire document to be treated in accordance with its designation; or (ii) in the case of electronically stored information produced in native format, by including “Confidential” or “Highly Confidential” in the file or directory name, or by affixing the legend “Confidential” or “Highly Confidential” to the media containing the Discovery Material (e.g., CD-ROM, DVD, flash drive) as applicable.

Applies to

Deposition or pretrial testimony

Depositions and other pretrial testimony may be designated by counsel’s statement on the record or by written notice to all parties within five business days after receipt of the rough or final transcript, whichever is received first.

B. In the case of depositions or other pretrial testimony: (i) by a statement on the record, by counsel, at the time of such disclosure or before the conclusion of the deposition or testimony; or (ii) by written notice, sent to all Parties within five (5) business days of receipt of the rough or final transcript (whichever is received first) designating the entire transcript or portions thereof; provided that only those portions of the transcript designated as Confidential or Highly Confidential Discovery Material shall be deemed

Applies to

Other discovery material

Any other discovery material must be designated as “Confidential” or “Highly Confidential” by written notice, as applicable.

C. In the case of any other Discovery Material, by written notice that the Discovery Material constitutes Confidential or Highly Confidential Discovery Material, as applicable.

Applies to

Interim status report

The interim status report must advise the court of the outcome of mandatory ADR.

Among other issues, the parties shall advise the Court of the outcome of mandatory ADR.

Applies to

Motion in limine

A motion in limine must include all supporting authority.

Motions in Limine must include all supporting authority with the motion.

The parties must actively participate in settlement discussions and determine whether the matter can be resolved under Civil Rule 16.

The parties are required to actively engage in settlement discussions and determine whether the matter may be resolved in accordance with Civil Rule 16.

Applies to

Interim status report

Plaintiff’s counsel must file the Interim Status Report and provide a copy to the judge’s chambers.

The Interim Status Report is to be filed by Plaintiff’s Counsel with a copy to the Judge’s chambers.

Applies to

Interim status report

Must include

statement of facts

The Interim Status Report must address the issues, discovery progress, and results of mandatory alternative dispute resolution.

The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter.

Applies to

Conference notice

Another attorney from the same law firm may attend a scheduling conference if the attorney understands the case, the case is not particularly complex, and the attorney knows the trial attorney’s availability.

Another attorney in the law firm of counsel for a party (other than the attorney(s) who signed the complaint or the responsive pleading) may participate in the Conference provided (1) the attorney has a basic understanding of the case, (2) the case is not particularly complex, and (3) the attorney knows the trial attorney's trial availability.

Applies to

Pretrial stipulation

A pretrial stipulation should identify all legal or evidentiary issues warranting pretrial focus and include 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.

Applies to

Case information statement

Counsel should 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.

Applies to

Motion response

A response should substantively address each motion argument rather than mirror complaint-answer phrases in corresponding numbered paragraphs.

When responding to a motion, avoid using terms and phrases typically used in answers to complaints (Admitted, Denied as Stated, etc.) in numbered paragraphs corresponding to the numbered paragraphs in the motion. Instead each argument in the motion should be addressed substantively.

Applies to

Jury instructions

In a complex case, the court may require proposed jury instructions to be filed with the pretrial stipulation for Pretrial Conference discussion.

In complex cases, the Court may require that instructions be filed with the Pretrial Stipulation so they may be discussed at the Pretrial Conference.

Applies to

Interim status report

Plaintiff’s counsel must obtain defense counsel’s consent in sufficient time to include the information by 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.

Applies to

Case information statement

The Case Information Statement must identify related pending Superior Court cases to facilitate assignment to the same judge.

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.

Applies to

Amended trial scheduling order

A discovery or expert-deadline extension request should state that remaining dates are unaffected, use an Amended Trial Scheduling Order, and list original and proposed or agreed dates.

If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state. The parties are to use an Amended Trial Scheduling Order and note the original and proposed (or agreed to) amended dates.

Applies to

Pretrial stipulation

A pretrial stipulation should use Superior Court Civil Form 46 and identify significant legal or evidentiary issues with citations to supporting authorities.

Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations. 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.

Applies to

Motion in limine

A motion in limine should be filed when an issue is particularly significant and should be resolved at the Pretrial Conference.

If the issue is particularly significant and should be resolved at the Pretrial Conference, a motion in limine should be filed.

Applies to

Pretrial stipulation

Must include

proposed order

The proposed pretrial order must cover all 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.

Applies to

Interim status report

The Interim Status Report should reflect input from both parties.

This document should reflect input from both parties.

Applies to

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 sufficiently in advance of the submission deadline to ensure compliance with the deadline.

Applies to

Motion

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.

Applies to

Interim status report

The Interim Status Report must describe the issues, discovery progress, and ADR results but must not include information about settlement offers or demands.

The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands.

Applies to

Unopposed routine motion

Unopposed routine motions need not be noticed because the court will order them from chambers.

Unopposed motions need not be noticed for a routine motions calendar as they will be "so Ordered" by the Court from chambers.

Applies to

Brief

For important issues supported by secondary sources, counsel should provide the table of contents and relevant excerpt unless the source is readily available to the Court.

If counsel is relying on a treatise or other secondary source to support an important issue, it is helpful to provide a copy of the table of contents and the excerpt relied upon, unless it is a secondary source readily available to the Court, such as a law review article, Restatement section, or Delaware treatise.

Applies to

Pretrial stipulation

Counsel should use Superior Court Civil Form 46 for Pretrial Stipulations.

Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.

Applies to

Pretrial stipulation

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.

Applies to

Motion

Must include

proposed order, certificate of service

When possible, requests for court action should be filed by motion with a Notice of Motion, Certificate of Service, and proposed Form of Order.

Whenever possible, Judge Augusthy prefers requests for court action to 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 so the Court can rule electronically.

The standing-order references to counsel apply to self-represented parties as well.

Where a party is representing themselves, the references to Counsel within these preferences apply to that party.

Applies to

Brief

Exhibits and unreported cases not cited in Westlaw should be attached to briefs and motions, or placed in a separate compendium when volume makes attachment impracticable.

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.

Applies to

Pretrial stipulation

The Court may require proposed jury instructions to accompany the Pretrial Stipulation for discussion at the Pretrial Conference.

In some instances, the Court may require instructions to be filed with the Pretrial Stipulation so they may be discussed at the Pretrial Conference.

Applies to

Motion in limine

Daubert-type motions are presumptively decided on the written record.

Daubert-type motions will presumptively be decided on a paper record.