Superior Court of Delaware, New Castle County Electronic Filing Rules

Applies to

Trial availability response

The parties should agree on at least one available trial date, circle it, and electronically file the response.

The parties should discuss and agree to at least one trial date, circle the date and e-file it with the Court.

Applies to

Case dispositive motion

The original case-dispositive motion and response should be filed electronically.

The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.

Applies to

Case dispositive motion

The original case dispositive motion and response must be electronically filed, with two courtesy copies delivered to chambers.

The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.

A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.

The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.

Applies to

Brief

Dispositive motions, Daubert motions, responses, and replies must be electronically filed.

The motion, response, and reply must be e-filed.

Applies to

Jury instructions

Counsel must also file the jury instructions by email to Alicia Maxwell in WORD format.

Counsel is required to also file these instructions via email to Alicia Maxwell at Alicia.Maxwell@delaware.gov in WORD format.

Applies to

Case dispositive motion

A case-dispositive motion must be electronically filed, with one courtesy copy and its exhibits delivered to Judge Davis's chambers.

The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers.

Applies to

Response

A response to a case-dispositive motion must be electronically filed, and one courtesy copy must be delivered to Judge Davis's chambers.

Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers.

Applies to

Case dispositive motion

A case-dispositive or Daubert motion must be e-filed with one courtesy copy, including its exhibits, delivered to chambers.

The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to President Judge Davis in chambers.

Applies to

Response

The response must be e-filed and one courtesy copy delivered to chambers.

Responses shall also be e-filed and one (1) courtesy copy delivered to President Judge Davis in chambers.

Applies to

Jury instructions

A joint set of jury instructions and verdict form must be filed through LexisNexis no later than seven days before trial begins.

A joint set of jury instructions with a verdict form must be filed on LexisNexis on or before 7 days prior to the start of trial.

Applies to

Dispositive or daubert briefing

The motion, response, and reply in dispositive and Daubert matters must be filed electronically.

The motion, response, and reply must be e-filed.

Applies to

Proposed order

The 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.

Documents must generally be filed and served under the governing Delaware e-filing procedures, while specified discovery requests and responses must be served electronically through LEXIS/NEXIS, excluding the actual document production.

The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.

Applies to

Substantive email

A substantive email must be docketed by the sender and may be sent only with Judge Wallace’s approval or in exigent circumstances.

Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Wallace has approved such email filing in the subject case or (b) exigent circumstances exist.

Applies to

Dispositive motion response reply

The original dispositive motion, response, and reply should be electronically filed with one courtesy copy promptly delivered to chambers.

The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.

Applies to

Letter

Letters to Judge Lugg must be electronically docketed and emailed as docketed copies to chambers staff, but courtesy hard copies are not needed.

A letter to Judge Lugg must be docketed electronically in the subject case. An electronic copy, as docketed, should be transmitted via email to Judge Lugg's Administrative Specialist and Civil Case Manager. No courtesy hard copy of letters need be delivered to Judge Lugg's chambers.

Applies to

Substantive email

Administrative emails are not docketed; substantive emails must be docketed by the sending party and may be sent only with Judge Lugg’s approval or in exigent circumstances.

Administrative emails are not docketed. Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Lugg has approved such email filing in the subject case or (b) exigent circumstances exist.

Applies to

Motion

The original motion, response, and reply should be electronically filed, with one courtesy copy promptly delivered to chambers.

The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.

Applies to

Substantive email

A substantive email must be docketed by the sender and may be sent only with Judge Rennie's approval or in exigent circumstances.

Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Rennie has approved such email filing in the subject case or (b) exigent circumstances exist.

Applies to

Letter

A letter to Judge Augusthy must be electronically docketed and emailed to specified chambers personnel; a courtesy hard copy is unnecessary.

A letter to Judge Augusthy must be docketed electronically in the subject case. An electronic copy, as docketed, should be transmitted via email to Judge Augusthy's Administrative Specialist, Civil Case Manager, and Law Clerk. No courtesy hard copy of letters need be delivered to Judge Augusthy's chambers.

Applies to

Stipulation

A fully signed stipulation that does not require a judge's signature should be filed under the document type Stipulation and is not placed into judicial review.

If the Stipulation is signed by all parties, and does not need the judge's signature to be effective, the document type should be 'Stipulation' - this document type does not put the document into judicial review.

Applies to

Letter

A letter to Judge Wallace must be electronically docketed, need not be delivered as a chambers courtesy copy, and should be emailed to specified chambers staff.

A letter to Judge Wallace need only be docketed electronically in the subject case. No courtesy copy need be delivered to Judge Wallace's chambers. Instead, an electronic copy, as docketed, should be transmitted via email to Judge Wallace's Administrative Specialist, Civil Case Manager and Law Clerk.

Applies to

Administrative email

Administrative emails must not be docketed.

Administrative emails are not docketed.

Applies to

Administrative email

Administrative emails should not be docketed.

Administrative emails are not docketed.

Applies to

Stipulation

A fully effectuated stipulation that does not require a judge's signature should be filed under the document type 'Stipulation' and is not placed into judicial review.

If the Stipulation is fully effectuated but 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.

The original dispositive motion, response, and reply should be electronically filed with one courtesy copy promptly delivered to chambers.

The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.

Applies to

Trial scheduling order

The Court issues its Trial Scheduling Order through File & Serve.

The Court then will issue a Trial Scheduling Order via File & Serve.