Superior Court of Delaware, New Castle County Filing Timing and Cure Windows
292 rules from official source documents
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Superior Court of Delaware, New Castle County; use the court rules overview to switch categories without leaving this court.
A motion opposing CCLD case identification must be filed before the Rule 16 scheduling conference unless the Panel Judge directs otherwise, and filing it does not extend deadlines for other pleadings, motions, or responses.
A party opposing identification of a case as a qualifying case will do so by motion filed before the Rule 16 scheduling conference, or at such other time as the assigned Panel Judge may direct. The filing of such a motion shall not affect the time for filing any pleading, motion, or required response under the Court's rules.
Unless otherwise ordered, a party must file testifying expert reports and demonstrative exhibits within 10 days after the trial or hearing at which the expert testifies or the report is used.
Rule 5(c)(4)(B) requires that unless otherwise ordered, a party must file its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used.
- Deadline
- 10 business days
A motion must be filed no later than 10 business days before its noticed hearing date.
Every Motion shall be eFiled no later than 10 business days prior to the noticed hearing date with the Assigned Judge.
- Deadline
- 4 business days
When applicable, a response must be filed within four business days after the motion is filed.
3. Responses, when applicable, must be filed within 4 business days of the filing of the Motion.
A response to a routine motion must be filed no later than four days before the noticed hearing date.
Every Response to a Routine Motion shall be eFiled no later than 4 days prior to the noticed hearing date.
The Prothonotary may reject an untimely dispositive motion or one not electronically filed in compliance with the Superior Court Rules of Civil Procedure.
The Prothonotary may reject a Motion that has been untimely eFiled or has not been eFiled pursuant to the Superior Court Rules of Civil Procedure.
The parties must obtain an available hearing date from the assigned judge's judicial assistant and electronically file the motion within three days of obtaining that date or risk loss of the time slot.
The parties must obtain an available hearing date from the Assigned Judge’s Judicial Assistant. The Motion must be eFiled within 3 days from the date obtained from the Court or the time slot may be vacated.
- Deadline
- 4 business days
A dispositive-motion response is ordinarily due no later than four business days before the hearing, unless the assigned judge, court rule, or scheduling order provides otherwise.
Unless otherwise directed by the Assigned Judge, or unless a different date for Responses is set by Court Rule or an applicable Scheduling Order, Responses are due no later than 4 business days prior to the hearing date.
A dispositive motion may be deemed unopposed if the response is not filed by its deadline.
If a Response has not been filed by its deadline, the Motion may be deemed unopposed.
An incarcerated litigant's motion may be deemed unopposed if the response is not filed by the deadline set by the Prothonotary.
The Response must be filed by the deadline date or the motion may be deemed unopposed.
Service must be accomplished by the 120th day after filing, unless the attorney provides the court with a written good-cause explanation.
You have until the 120th day after filing to accomplish service upon the defendant(s) or provide the Court with a written explanation of good cause why service has not been made within 120 days after the filing of the complaint.
If no proof of service or written good-cause explanation is received by the 120th day after filing, the court will dismiss the action.
If no proof of service or written explanation regarding service is received by the 120th day after filing, in accordance with Superior Court Civil Rule 4(j), this action will be dismissed by the Court.
The action will be dismissed for want of prosecution if no proceedings are taken within 30 days after the notice.
If no proceedings are taken within the next thirty (30) days, this action will be dismissed by the Court for want of prosecution.
- Deadline
- 30 calendar days
For a civil action reported as settled, a stipulation of dismissal or a letter stating the matter's status must be filed within 30 days of the dismissal letter or the action will be dismissed with prejudice.
If a stipulation of dismissal, or a letter stating the status of this matter, is not filed with the Court within thirty (30) days of the date of this letter, the Court will dismiss this action with prejudice.
- Deadline
- 60 calendar days
For an action submitted to binding arbitration, a stipulation of dismissal or, alternatively, a status letter must be filed within 60 days of the arbitration letter or the action will be dismissed with prejudice.
If a Stipulation of Dismissal, or, in the alternative, a letter stating the status of this matter is not filed with the Court within sixty (60) days of the date of this letter, the Court will dismiss this action with prejudice.
An opposition response must be filed no later than four days before the motion hearing.
Responses in opposition to any motion shall be filed no later than four days prior to the hearing on the motion and shall not exceed 6 pages in length on paper approximately 8 1/2 inches by 11 inches in size.
When service is by mail, three days are added to a party's prescribed deadline, but not to deadlines for actions taken by the Court.
(e) Additional time after service by mail. Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period. The additional 3-day period applies only to actions taken by parties and does not apply to actions taken by the Court.
An opposed routine motion must be filed ten days before the noticed hearing date, excluding weekends and holidays.
Motions that are opposed must be filed 10 days prior (excluding weekends and holidays) to the noticed date.
Opposition papers are due on the Friday before routine-motion presentation.
Opposition papers responsive to the motion are due the Friday prior to presentation.
The answering brief is due 30 days after filing a case-dispositive motion.
An answering brief thereto is due 30 days after the motion is filed.
The court will hold the pretrial conference approximately 30 days before trial.
The Court will hold a pretrial conference approximately 30 days before the scheduled trial date.
A motion in limine is expected at least two weeks before the pretrial conference, leaving opposing counsel one week to respond.
If a party will be moving in limine, it is expected that the party will file its motion at least 2 weeks before the scheduled pretrial conference, leaving opposing counsel 1 week within which to respond.
- Applies to
- Case dispositive motion
Case-dispositive motions must be filed by the deadline stated in the scheduling order.
4. Filing of Dispositive Motions .
- Applies to
- Motion in limine
Motions in limine and responses to those motions must be filed by the deadlines stated in the scheduling order.
Motion(s) in Limine to be filed by Response(s) to Motions in Limine to be filed by .
Special voir dire questions must be submitted to the Court by the scheduling order's stated deadline, which is blank in the provided text.
Special voir dire questions must be submitted to the Court on or before .
An answering brief to a case dispositive motion is due 30 days after the motion is filed.
An answering brief thereto is due 30 days thereafter.
Routine motions must be filed 10 days before the noticed presentation date.
Motions must be filed ten (10) days prior to the noticed date for presentation.
Responses to routine motions are due no later than 4 days before the presentation date.
Responses are due no later than four (4) days prior to the presentation date.
Routine motions must be filed 10 days before the noticed hearing date, excluding weekends and holidays.
Routine Motions must be filed 10 days (excluding weekends and holidays) before the noticed date.
A response to a routine motion is due on the Friday before the noticed hearing.
Responses are due the Friday before the noticed hearing.
- Deadline
- 7 business days
A motion-in-limine response with all supporting authority is due within seven business days unless a court order states otherwise.
Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
An oral-argument time may be canceled if the motion is not filed within four days after the time is obtained.
If a party then does not file the motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
- Deadline
- 20 business days
A response to a dispositive or Daubert motion is due 20 business days after the motion is filed.
Responses are due 20 business days after the motion is filed.
A reply brief may be filed within five days after the response.
A reply brief may be filed within 5 days after the response.
Proposed jury instructions are due on the Wednesday before trial.
Proposed jury instructions are due the Wednesday before the trial date.
After settlement, proper documentation should be submitted within 30 days, or a status report should be filed if the documentation remains unfinished.
As a general rule, proper documentation should be submitted to the Court within thirty (30) days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
A case settling within 30 days of trial must submit its settlement documentation by the pretrial-stipulation deadline.
If, however, a case resolves less than thirty (30) days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.
Motions to add or amend must be filed by the scheduling order's stated deadline, which is blank in the provided text.
(a) Filing of Motions to Add or Amend. Such motions are to be filed no later than .
All discovery must be initiated early enough to be completed by the scheduling order's discovery cut-off, which is blank in the provided text.
(1) Discovery Cut-Off: All discovery is to be initiated such that it will be completed by .
Plaintiff's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(2) Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .
Defendant's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(3) Defendant’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .
Plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(4) Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure Deadline is .
Dispositive and Daubert motions must be filed by the scheduling order's stated deadline, which is blank in the provided text.
(c) (1) Filing of Dispositive and Daubert Motions. Such motions are -1-
- Deadline
- 21 business days
Responses to dispositive and Daubert motions are due 21 business days after filing, and a reply brief may be filed within 5 days after the response.
to be filed no later than . Responses are due 21 business days after the motion is filed. A reply brief may be filed within 5 days after the response.
- Deadline
- 7 business days
Unless the court orders otherwise, a response with all supporting authority to a motion in limine is due within 7 business days after filing.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
Mandatory alternative dispute resolution must be conducted by the scheduling order's stated date, which is blank in the provided text.
(d) (1) Mandatory ADR is to be conducted by .
- Deadline
- 21 business days
A response to a case dispositive motion is due 21 business days after the motion is filed.
Responses are due 21 business days after the motion is filed.
Routine civil motions are presented on Tuesdays at 10:00 a.m. and must be filed at least ten days before the noticed presentation date, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.
Judge Brennan’s routine civil motions are on Tuesday at 10:00 a.m. Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
The parties must file an interim status report advising the court of the ADR outcome within 14 days after ADR.
will file an interim status report with the Court within 14 days after ADR has been conducted to advise the Court of the ADR’s outcome
- Deadline
- 30 calendar days
Opposition briefs on dispositive motions may be filed within 30 days after filing the dispositive motion.
Opposition briefs may be filed within 30 days after the filing of the dispositive motion.
- Deadline
- 15 calendar days
Reply briefs on dispositive motions may be filed within 15 days after filing the opposition brief.
Reply briefs may be filed within 15 days after the filing of the opposition brief.
Motions concerning expert testimony, if any, must be filed by the court-specified deadline.
Motions concerning expert testimony, if any, shall be filed by
Responses to expert-testimony motions must be filed no later than the court-specified deadline.
all responses to those motions shall be filed no later than
Deadlines in the Trial Scheduling Order are firm and should be treated as mandatory.
Counsel are advised that all of the deadlines established by this Trial Scheduling Order are firm deadlines.
The completed pretrial stipulation must be received by the Court by the stated deadline, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before . Failure to comply with this deadline may result in sanctions being imposed upon the responsible party or parties.
The Interim Status Report is due no later than 14 days after ADR has been conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
- Deadline
- 10 business days
A routine civil motion must be filed or electronically filed, as appropriate, ten days before its noticed presentation date, excluding Saturdays, Sundays, and holidays.
Motions must be filed or e-filed, as appropriate, ten (10) days (excluding Saturdays, Sundays or holidays) prior to the noticed date for presentation.
- Deadline
- 4 business days
Unless the court provides otherwise, a response to a routine civil motion is due no later than four business days before the presentation date.
Unless otherwise notified by the Court, responses are due no later than four (4) business days prior to the presentation date.
- Deadline
- 10 calendar days
Routine Motions must be filed 10 days before the noticed date, excluding weekends and holidays.
Routine Motions must be filed 10 days prior (excluding weekends and holidays) to the noticed date.
A response to a routine motion is due on the Tuesday before presentation.
Responses are due the Tuesday prior to presentation.
- Deadline
- 4 calendar days
Responses to dispositive and Daubert motions ordinarily are due no later than four days before the hearing unless the court provides different notice.
Unless otherwise notified by the Court responses are normally due no later than four (4) days prior to the date of the hearing.
Proposed jury instructions must be filed on the Wednesday before trial.
Proposed jury instructions must be filed on the Wednesday before the day of trial.
The response to a case dispositive motion is due no later than the Friday before the motion hearing.
The response is due no later than the Friday prior to the hearing date.
- Deadline
- 10 business days
Routine civil motions must be filed ten business days before the noticed date.
Motions must be filed ten (10) business days prior to the noticed
A response to the motion addressed immediately before this passage is due no later than the Friday preceding the hearing.
Responses are due no later than the Friday prior to the hearing date.
Plaintiff's counsel must send opposing counsel a draft pretrial order and proposed information at least 15 days before the pretrial conference.
At least 15 days before that conference, plaintiff’s counsel shall forward to defendant’s counsel a draft of the pretrial order with the information plaintiff proposes to include in that order.
Defendant's counsel must provide comments and proposed information within five days after receiving the draft pretrial order.
Within 5 days from the date of receiving that draft, defendant’s counsel shall provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
- Deadline
- 5 business days
The completed pretrial stipulation must be received no later than five business days before the pretrial conference, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before 5 business days prior to the pretrial conference. Failure to comply with this deadline may result in sanctions being imposed upon the responsible party or parties.
- Deadline
- 2 business days
- Applies to
- Trial fee
The case will be removed from the trial calendar if the trial fee remains unpaid two business days after the pretrial conference and will receive a new trial date once paid.
If the trial fee is not paid within two business days of the ===== PAGE 4 ===== pretrial conference, the case will be removed from the Court’s trial calendar. A new trial date will be scheduled once the trial fee is paid.
The joint jury instructions and verdict form are due 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
- Special voir dire questions
Special voir dire questions must be submitted to the court three days before the pretrial conference.
Special voir dire questions must be submitted to the Court 3 days prior to the pretrial conference.
Counsel must exchange exhibits and meet to resolve objections no later than seven days before trial.
Counsel shall exchange exhibits and meet to resolve objections on or before 7 days prior to the trial.
A motion in limine must be filed at least 20 days before the pretrial conference.
To be filed at least 20 days prior to the pretrial conference.
Responses to motions in limine are due seven days before the pretrial conference.
Responses are to be 7 days prior to the pretrial conference.
Daubert motions must be filed no later than 20 days before the pretrial conference.
12. Daubert Motions. To be filed by no later than 20 days prior to the pretrial conference and Responses to same are due 7 days prior to the pretrial conference.
Motions to add parties or amend pleadings must be filed no later than 90 days from the date of the scheduling order.
14. Filing of Motions to Add or Amend. To be filed by no later than 90 days from the date of this order.
An amendment to the Trial Scheduling Order requires a court order entered on an appropriate motion or party stipulation.
Amendments to this Trial Scheduling Order must be by Order of the Court on appropriate motion or stipulation of the parties.
A routine motion must be filed 10 days before the noticed hearing date, excluding weekends and holidays.
Routine Motions must be filed 10 days (excluding weekends and holidays) prior to the noticed date.
A response to a routine motion is due on the Friday before the noticed hearing.
Responses are due the Friday before the noticed hearing.
- Deadline
- 21 business days
A response to a dispositive or Daubert motion is due 21 business days after the motion is filed.
Responses are due 21 business days after the motion is filed.
Proposed jury instructions ordinarily must be filed seven days before trial begins.
Ordinarily, proposed jury instructions must be filed seven (7) days prior to the start of trial.
For a settlement within 30 days of trial, settlement documentation must be submitted no later than the pretrial-stipulation deadline.
If, however, a case resolves less than thirty (30) days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.
A routine motion must be filed at least 10 days before the noticed hearing date, excluding weekends and holidays.
Routine Motions must be filed 10 days (excluding weekends and holidays) prior to the noticed date.
A response to a routine motion is due on the Friday before the noticed hearing.
Responses are due the Friday before the noticed hearing.
Movant's counsel must contact Chambers within five days after filing a dispositive or Daubert motion to obtain a hearing date.
The movant's counsel must contact Chambers within 5 days of filing a dispositive or Daubert Motion to obtain a hearing date.
- Deadline
- 10 working days
Routine civil motions must be filed at least 10 working days before the noticed hearing.
Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.
Responses to routine civil motions are due on the Friday before the hearing.
Responses are due the Friday before the hearing.
Responses to dispositive and Daubert motions are due 30 days after the motion is filed.
Responses are due 30 days after the motion is filed.
- Deadline
- 10 working days
Responses to motions in limine are due 10 working days after the motion is filed.
Responses are due 10 days (excluding holidays and weekends) after the motion is filed.
Any amendment or modification of a deadline in the scheduling order requires Court approval.
Any amendments or modifications to the deadlines established in this Order must be approved by the Court.
- Deadline
- 14 calendar days
An Interim Status Report is due no later than 14 days after the ADR has been conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
- Deadline
- 10 business days
Routine civil motions must be filed at least 10 non-holiday, non-weekend days before the noticed hearing.
Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.
A response to a routine civil motion is due on the Friday before the hearing.
Responses are due the Friday before the hearing.
- Deadline
- 15 calendar days
Plaintiff's counsel must send defendant's counsel a draft pretrial stipulation and order at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
- Deadline
- 30 calendar days
A response to a dispositive or Daubert motion is due 30 days after the motion is filed.
Responses are due 30 days after the motion is filed.
- Deadline
- 7 business days
A reply to a dispositive or Daubert motion may be filed within seven non-holiday, non-weekend days after the response.
A reply may be filed within 7 days (excluding holidays and weekends) after the response.
Failure to meet the scheduling-order deadlines without good cause will likely lead the Court to deny an extension.
Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.
- Deadline
- 10 business days
A response to a motion in limine is due within 10 non-holiday, non-weekend days after filing.
Responses are due 10 days (excluding holidays and weekends) after the motion is filed.
- Deadline
- 5 business days
A reply to a motion in limine may be filed within five non-holiday, non-weekend days after the response.
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
- Deadline
- 5 calendar days
Defendant's counsel must provide comments and proposed order information within five days after receiving the draft pretrial stipulation.
Within 5 days from the date of receiving that draft, defendant’s counsel must provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
All deadlines in the Case Scheduling Order are firm deadlines.
Counsel are advised that all of the deadlines established by this Case Scheduling Order are firm deadlines.
The stipulation of dismissal must be filed 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.
The interim status report must be filed no more than 14 days after the ADR is conducted.
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.
- Deadline
- 14 business days
A response to a motion is due within 14 business days after the motion is filed.
Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion.
All motions in limine and motions to exclude testimony must be filed by the indicated deadline.
All motions in limine (or any motion to exclude all or part of a witness’s testimony) shall be filed no later than the deadline indicated.
- Deadline
- 7 business days
Unless a case-specific order states otherwise, a response to a motion in limine is due within seven business days.
Unless a specific order entered in this case provides otherwise, a response is due no later than seven business days after the filing of the motion in limine.
- Deadline
- 10 business days
Routine civil motions must be filed ten business days before the noticed hearing.
Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.
- Deadline
- 7 business days
A routine-motion response is due by whichever is earlier, seven business days after filing or noon on the Friday before the motion date.
Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier.
The completed pretrial stipulation must be received by the court by the indicated deadline.
The completed pretrial stipulation must be received by the Court on or before the deadline indicated.
- Deadline
- 5 calendar days
The Courtscribes courtesy link must be sent to Chambers and the Civil Case Manager no later than five days before the hearing.
A courtesy link shall be sent to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimenez at Daviana.Jimenez@delaware.gov. no later than 5 days before the hearing.
Case-dispositive and Daubert motions must be filed by their CSO deadlines unless exceptional circumstances justify a late filing.
All case dispositive and Daubert motions shall be filed no later than the deadlines indicated on the CSO. The Court will not consider motions filed after those dates absent exceptional circumstances.
- Deadline
- 5 calendar days
In represented civil cases, counsel must contact Courtscribes and send a courtesy link to Chambers and the Civil Case Manager within five days before the hearing.
Civil cases involving represented parties should contact Courtscribes to set up the hearing and send a courtesy link to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimeniz at Daviana.Jimenez@delaware.gov within 5 days of the hearing.
- Deadline
- 10 calendar days
A routine motion must be filed ten days before the noticed hearing, excluding weekends and holidays.
Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.
A routine-motion response is due at the earlier of seven days after filing, excluding weekends and holidays, or noon on the Friday before the motion date.
Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier, unless otherwise ordered.
- Deadline
- 14 business days
A response to a case-dispositive or Daubert motion is due within 14 business days after filing unless the Court orders otherwise.
Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion unless otherwise ordered.
Motion-in-limine and related exclusion motions must be filed by the CSO deadline unless exceptional circumstances justify lateness.
All motions in Limine (or any motion to exclude all or part of a witness's testimony) shall be filed no later than the deadline indicated on the CSO. The Court will not consider motions filed after that date absent exceptional circumstances.
- Deadline
- 45 calendar days
A motion in limine or related motion must be filed by the CSO deadline or 45 days before the pretrial conference.
Motions in Limine (or any motion to exclude all or part of a document, recording, witness's testimony, etc.) must be filed no later than the CSO deadline or 45 days before the Pretrial Conference.
- Deadline
- 7 business days
Absent a specific order, the response to a motion in limine is due within seven business days.
Unless a specific order provides otherwise, a response is due no later than seven business days after the filing of the motion in limine.
- Deadline
- 15 calendar days
Routine motions must be filed at least 15 calendar days before the noticed date.
Contrary to Paragraph IV of the NCC Superior Court Civil Case Management Plan, in Judge Horton's cases: (1) routine motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 5 calendar days prior to the presentation date.
- Deadline
- 7 business days
A motion in limine response with supporting authority is due within seven business days unless a court order states otherwise.
Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed. Failure to file a timely Response may result in the Court deeming the motion unopposed.
Settlement documentation should be submitted within 60 days, or a status report should be filed if the documentation is not complete.
As a rule, proper documentation should be submitted to the Court within sixty days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
For settlements within 60 days of trial, settlement documentation is due no later than the pretrial stipulation deadline.
If, however, a case resolves less than sixty days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.
After all dispositive-motion papers are submitted, counsel must obtain available hearing dates and times, agree on a date and time, and give notice accordingly.
After all papers have been submitted, Counsel must obtain possible dates and times for hearing of such motions from Judge Winston’s Administrative Specialist. The parties shall agree upon a proposed date and time and notice the motion accordingly.
- Deadline
- 3 business days
A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.
Subject to the ===== PAGE 6 ===== requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
Unless the parties agree or the court orders otherwise, an answering brief must be filed by the later of thirty days after motion service or thirty days after a separate joinder or supporting brief is filed.
Subject to the requirements of this Order, any party may file an answering brief to a dispositive motion. Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed the later of thirty days after any service of the motion, or thirty days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
A reply brief on a dispositive motion must be filed fourteen days after the responses are filed.
A reply brief on a dispositive motion shall be filed fourteen days after responses are filed.
Unless the court orders a different date, a discovery motion or other non-dispositive, non-in-limine motion must be noticed for a Wednesday 9:00 a.m. routine-motion calendar.
As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation on one of the Court’s routine motions calendars (Wednesdays at 9:00 a.m.) unless the Court orders a different hearing date.
- Deadline
- 15 calendar days
Absent leave of the court, discovery and other motions must be filed at least fifteen calendar days before the noticed hearing date.
Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen calendar days prior to the noticed hearing date
Unless the parties agree or the court orders otherwise, an answering brief must be filed and served at the later of thirty days after service of the motion or thirty days after a defendant's separate joinder or supporting brief is filed.
Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty days after any service of the motion, or thirty days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
- Deadline
- 15 calendar days
Discovery and other motions must be filed at least 15 calendar days before the noticed hearing date.
all discovery and other motions shall be filed no less than fifteen calendar days prior to the noticed hearing date
- Deadline
- 7 calendar days
Responses to discovery and other motions are due no later than seven calendar days after the motion is filed and, in all cases, no later than the Wednesday before the motion hearing.
responses shall be filed no later than seven calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing
Motions to add or amend must be filed by the date specified in the scheduling order.
1. Motions to Add or Amend. Such motions are to be filed no later than _______________.
Plaintiff's expert report or Rule 26(b)(4) disclosure must be submitted by the stated deadline.
a. Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure(s)) Deadline: ____________.
Defendant's expert report or Rule 26(b)(4) disclosure must be submitted by the stated deadline.
b. Defendant’s Expert Report (or Rule 26(b)(4) Disclosure(s)) Deadline: ____________.
Plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure must be submitted by the stated deadline.
c. Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure(s)) Deadline: _____________.
All discovery must be initiated early enough to be completed by the stated discovery cut-off date.
d. Discovery Cut-Off: All discovery is to be initiated such that it will be completed by ________________.
Alternative dispute resolution must be conducted on or before the date stated in the scheduling order.
a. ADR is to be conducted on or before _____________.
The interim status report is due no later than 14 days after ADR has been conducted.
4. An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Dispositive motions must be filed no later than the date stated in the scheduling order.
Dispositive motions are to be filed no later than _____________.
- Deadline
- 14 business days
Responses to dispositive motions are due 14 business days after the motion is filed.
Responses are due 14 business days after the motion is filed.
- Deadline
- 5 business days
A reply brief may be filed within 5 business days after the response to a dispositive motion.
A reply brief may be filed within 5 business days after the response.
Daubert motions must be filed no later than the date stated in the scheduling order.
Daubert motions are to be filed no later than _______________.
- Deadline
- 7 business days
Responses to Daubert motions, including all supporting authority, are due 7 business days after the motion is filed.
Responses (with all supporting authority) are due 7 business days after the motion is filed.
Motions in limine must be filed by the stated deadline and include all supporting authority.
7. Motions in Limine. a. Motions in Limine are to be filed no later than __________. Motions in Limine must include all supporting authority with the motion.
- Deadline
- 7 business days
Unless a case-specific order provides otherwise, a response to a motion in limine with all supporting authority is due no later than 7 business days after filing.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the filing of the motion in limine.
- Deadline
- 15 calendar days
Plaintiff’s counsel must send a draft Joint Pretrial Stipulation at least 15 days before the filing deadline, and defendant’s counsel must provide comments and proposed information within 5 days after receiving it.
At least 15 days before the Joint Pretrial Stipulation submission deadline, Plaintiff’s Counsel shall forward to Defendant’s Counsel a draft of the Joint Pretrial Stipulation with the information Plaintiff proposes to include in that Stipulation. Within 5 days from the date of receiving that draft, Defendant’s Counsel shall provide Plaintiff’s Counsel with comments on the Plaintiff’s draft and the information the Defendant proposes to include in the Stipulation.
- Deadline
- 5 calendar days
Defendant’s counsel must provide comments and proposed information within 5 days after receiving the draft Joint Pretrial Stipulation.
Within 5 days from the date of receiving that draft, Defendant’s Counsel shall provide Plaintiff’s Counsel with comments on the Plaintiff’s draft and the information the Defendant proposes to include in the Stipulation.
- Deadline
- 15 calendar days
Routine motions must be filed at least 15 calendar days before the noticed hearing date.
In Judge Winston’s cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date
- Deadline
- 7 calendar days
A response to a routine motion is due within 7 calendar days after the motion is filed; if no timely response is filed, the Court may deem the motion unopposed and grant it before the hearing.
responses are due no later than 7 calendar days after the filing of the motion. If no response is timely filed, the Court may deem the motion as unopposed, grant the motion before the hearing, and so notify the parties.
Routine motions must be filed at least 15 calendar days before the noticed hearing date.
routine motions must be filed no less than 15 calendar days prior to the noticed date
- Deadline
- 7 calendar days
Responses to routine motions are due no later than seven calendar days after filing the motion.
responses are due no later than 7 calendar days after the filing of the motion.
- Deadline
- 7 business days
A response to a motion in limine, including all supporting authority, is due within seven business days after filing.
a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
- Deadline
- 60 calendar days
Settlement documentation should be submitted within 60 days, or a status report should be filed if it is not finalized.
proper documentation should be submitted to the Court within sixty days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
A separate joinder or supporting brief must be served within three business days after service of the motion or opposition.
provided it is served within three (3) business days after service of the motion or opposition
Unless an alternative schedule applies, an answering brief must be filed and served by the later of 30 days after motion service or 30 days after a separate joinder or supporting brief is filed.
Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
- Deadline
- 7 calendar days
A reply brief must be filed no later than seven days before the motion hearing.
but no later than seven (7) days before any hearing on the motion.
- Deadline
- 15 calendar days
Absent leave of the Court, discovery and other motions must be filed at least 15 calendar days before the noticed hearing date.
Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date
- Deadline
- 7 calendar days
Responses must be filed no later than seven (7) calendar days after the motion is filed.
responses shall be filed no later than seven (7) calendar days after the filing of the motion
Responses to discovery and other motions must also be filed no later than the Wednesday before the motion hearing.
and in no case later than the Wednesday prior to the motion’s hearing
- Deadline
- 14 business days
- Applies to
- Case dispositive motion
Responses to dispositive motions are due 14 business days after filing.
later than . Responses are due 14 business days after filing.
- Deadline
- 7 business days
- Applies to
- Motion in limine
Unless a specific order provides otherwise, a response to a motion in limine with all supporting authority is due no later than 7 business days after filing.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the filing of the motion in limine.
The response to a case-dispositive motion is due no later than 14 days after the motion is filed, excluding weekends and holidays.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.
- Deadline
- 15 calendar days
Routine civil motions must be filed at least 15 calendar days before the noticed presentation date, with one courtesy copy including exhibits delivered to Judge Wallace’s chambers.
Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.
- Deadline
- 7 calendar days
Routine-motion responses are due within 7 calendar days after filing and no later than the Wednesday before the hearing, with one courtesy copy including exhibits delivered to chambers.
Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing, with one courtesy copy of a response (with exhibits) delivered to Judge Wallace in chambers.
Dispositive motions may be filed by the case-specific deadline stated in the scheduling order.
Dispositive motions may be filed on or before _____________.
A response to a dispositive motion is due no later than 30 days after the motion is filed, with briefing and further proceedings governed by Section VII-A.
Any response to a dispositive motion is due no later than thirty (30) days after the filing of the dispositive motion and briefing and further proceedings on dispositive motions are to proceed in accord with Section VII-A of this Order.
Unless the parties agree to or the Court orders a different schedule, the answering brief must be filed and served by the later of thirty (30) days after service of the motion or thirty (30) days after a defendant files a separate joinder or supporting brief.
Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
A dispositive-motion reply may be filed fourteen days after responses are received.
A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than fourteen (14) days before any hearing on the motion.
- Deadline
- 15 calendar days
Absent court leave, discovery and other motions must be filed at least fifteen calendar days before the noticed hearing date; the text provided does not state the unit for the response deadline.
Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date; responses shall be filed no later than seven (7)
A defendant’s separate joinder or brief supporting another defendant’s motion or opposition must be served within three business days after service of the motion or opposition.
any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition
Unless an alternative schedule is agreed to or ordered, an answering brief must be filed and served at the later of 30 days after service of the motion or 30 days after a defendant files a separate joinder or supporting brief.
Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.
A dispositive-motion reply may be filed fourteen days after responses are received and must be filed at least fourteen days before the hearing.
A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than fourteen (14) days before any hearing on the motion.
- Deadline
- 15 calendar days
Without leave of court, discovery and other covered motions must be filed at least fifteen calendar days before the noticed hearing date.
Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date;
- Deadline
- 7 calendar days
Responses to discovery and other covered motions are due within seven calendar days after filing and no later than the Wednesday before the hearing.
responses shall be filed no later than seven (7) calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing—such responses shall also be limited to 2,500 words;
No reply submission may be filed in response to a discovery motion or other covered motion.
and no reply submission shall be filed.
After postponement, plaintiff’s counsel must submit a status report within 60 days of the postponed conference date.
Plaintiff's counsel must then submit a status report within sixty days of the date of the postponed conference.
- Deadline
- 15 calendar days
A routine motion must be filed at least 15 calendar days before its noticed hearing date.
The provisions of Paragraph IV of the NCC Plan and Superior Court Civil Rule 107(b) to the contrary notwithstanding, in Judge Wallace's cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date
- Deadline
- 7 calendar days
A routine-motion response is due within seven calendar days after filing and, in all cases, no later than the Wednesday before the hearing.
(2) responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion's hearing.
A reserved dispositive-motion oral-argument time may be canceled if the motion is not filed within four days after obtaining the time.
If a party then does not file a dispositive motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
A dispositive-motion response with all supporting authority is due no later than 14 days after filing, excluding weekends and holidays.
a response (with all supporting authority) to any dispositive motion is due no later than 14 days (excluding weekends and holidays) after the filing of the motion.
Proposed jury instructions ordinarily must be filed on the Wednesday before trial.
Ordinarily, proposed jury instructions must be filed the Wednesday before the trial date.
- Deadline
- 14 business days
Responses to dispositive motions are due within 14 business days after filing.
Responses are due 14 business days after filing.
- Deadline
- 7 business days
Unless a case-specific order states otherwise, a response with supporting authority to a motion in limine is due within seven business days after filing, and an untimely response may result in the motion being deemed unopposed.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the filing of the motion in limine. Failure to file a timely Response may result in the Court deeming the motion as unopposed.
- Deadline
- 14 calendar days
The response to a case-dispositive motion is due no later than fourteen days after filing, excluding weekends and holidays.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.
- Deadline
- 15 calendar days
Routine motions must be filed at least fifteen calendar days before the noticed presentation date, with one courtesy copy including exhibits delivered to Judge Wallace in chambers.
Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.
- Deadline
- 7 calendar days
A response to a routine motion is due no later than seven calendar days after filing and in all events no later than the Wednesday before the hearing; one courtesy copy including exhibits must be delivered to Judge Wallace in chambers.
Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing, with one courtesy copy of a response (with exhibits) delivered to Judge Wallace in chambers.
Unless the parties agree or the court orders otherwise, an answering brief must be filed and served at the later of 30 days after service of the motion or 30 days after a defendant’s separate joinder or supporting brief is filed.
Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a ===== PAGE 6 ===== separate joinder or brief adopting or supporting a motion or opposition of another defendant.
A dispositive-motion reply brief may be filed 14 days after responses are received and must be filed no later than seven days before the hearing.
A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than seven (7) days before any hearing on the motion.
- Deadline
- 15 calendar days
Without leave of court, discovery and other covered motions must be filed at least 15 calendar days before the noticed hearing date.
Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date
- Deadline
- 7 calendar days
Responses to discovery and other covered motions are due no later than seven calendar days after filing and in no event later than the Wednesday before the hearing; each response is limited to 2,500 words, and no reply may be filed.
responses shall be filed no later than seven (7) calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing—such responses shall also be limited to 2,500 words; and no reply submission shall be filed.
A person challenging confidential treatment has seven days to file an opposition.
The person challenging Confidential Treatment shall have seven (7)
Motions to add a party or amend a pleading must be filed by the date specified in the scheduling order.
Filing of Motions to Add a Party or Amend a Pleading shall be filed no later than ______________.
The plaintiff's expert report or Rule 26(b)(4) disclosure is due by the date specified in the scheduling order.
Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is ______________.
The defendant's expert report or Rule 26(b)(4) disclosure is due by the date specified in the scheduling order.
Defendant’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is ______________.
The plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure is due by the date specified in the scheduling order.
Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure) Deadline is ______________.
All discovery must be initiated early enough to be completed by the discovery cut-off date specified in the scheduling order.
Discovery Cut-Off: All discovery is to be initiated such that it will be completed by ______________.
Mandatory alternative dispute resolution must be completed by the date specified in the scheduling order unless the court orders otherwise.
Mandatory ADR is to be conducted by no later than ______________.
An interim status report must be submitted no later than 14 days after ADR is conducted.
An Interim Status Report shall be submitted no more than 14 days after ADR has been conducted.
Dispositive and Daubert motions must be filed by the date specified in the scheduling order.
Dispositive and Daubert Motions shall be filed by no later than ______________.
- Deadline
- 14 business days
Responses to dispositive and Daubert motions are due 14 business days after filing.
Responses are due 14 business days after filing.
Motions in limine must be filed by the date specified in the scheduling order.
Motions in Limine shall be filed no later than ______________.
- Deadline
- 7 business days
Unless a specific case order provides otherwise, a response with all supporting authority is due no later than 7 business days after a motion in limine is filed.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the filing
Deadlines in the Trial Scheduling Order are firm, and extensions may be refused when good cause is not shown.
Counsel are advised that all the deadlines established by this Trial Scheduling Order are firm. Failure to meet these deadlines, absent good cause shown, may result in the Court refusing to allow extensions regardless of the consequences.
- Deadline
- 14 working days
The response to a dispositive motion is due within 14 days after filing, excluding weekends and holidays, with a courtesy copy delivered to chambers.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion with one courtesy copy (with exhibits) delivered to Judge Lugg in chambers.
- Deadline
- 15 calendar days
Routine civil motions must be filed at least 15 calendar days before the noticed presentation date.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date
- Deadline
- 7 calendar days
Responses to routine civil motions are due no later than seven calendar days after the motion is filed.
Responses are due no later than 7 calendar days after the filing of the motion
- Deadline
- 15 calendar days
Routine motions must be filed at least 15 calendar days before the noticed date, and responses are due within 7 calendar days after filing the motion.
The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, in Judge Lugg's cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 7 calendar days after the filing of the motion
- Deadline
- 4 calendar days
A scheduled oral-argument time may be canceled if a dispositive or Daubert-type motion is not filed within 4 days after the date and time are obtained.
If a party does not file a dispositive or Daubert-type motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
- Deadline
- 14 calendar days
Responses to dispositive or Daubert-type motions are due within 14 days after filing, and replies are due within 7 days after filing the response.
A response (with all supporting authority) to any such motion is due no later than 14 days after the filing of the motion. Any reply is due no later than 7 days after the filing of the response.
Proposed jury instructions must be filed by the Wednesday before trial when the TSO does not specify a deadline.
Jury instructions are due in accordance with the trial scheduling order, (TSO). In the event the TSO does not provide a deadline, proposed jury instructions must be filed the Wednesday before the trial date.
- Deadline
- 15 calendar days
Routine motions must be filed at least 15 calendar days before the noticed date, and responses are due within seven calendar days after filing but no later than the Friday before the hearing.
The provisions of Paragraph IV of the NCC Plan and Superior Court Civil Rule 107(b) to the contrary notwithstanding, in Judge Rennie's cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Friday prior to the motion's hearing.
The reserved oral-argument time may be canceled if the dispositive motion is not filed within four days after the time is obtained.
If a party then does not file a dispositive motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
- Deadline
- 14 business days
A dispositive-motion response with all supporting authority is due within 14 days after filing, excluding weekends and holidays.
The provisions of Paragraph IV of the NCC Plan and Superior Court Civil Rule 107(b) to the contrary notwithstanding, a response (with all supporting authority) to any dispositive motion is due no later than 14 days (excluding weekends and holidays) after the filing of the motion.
Proposed jury instructions ordinarily must be filed on the Tuesday before trial.
Ordinarily, proposed jury instructions must be filed the Tuesday before the trial date.
The scheduling-order deadlines are firm; extensions may be denied absent good cause, and any amendment requires a court order entered on an appropriate motion or party stipulation.
Counsel are advised that all of the deadlines established by this Trial Scheduling Order are firm deadlines. Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences. Amendments to this Trial Scheduling Order must be by Order of the Court on appropriate motion or stipulation of the parties.
- Deadline
- 14 business days
Responses to dispositive motions are due within 14 business days after filing.
3. Dispositive Motion Deadline: Such motions are to be filed no later than ______________. Responses are due 14 business days after filing.
The completed pretrial stipulation must be filed with the Prothonotary by the stated deadline.
The completed pretrial stipulation must be filed with the Prothonotary by __________________.
The judge’s case manager must be notified immediately if the pretrial stipulation will be submitted late.
If the submission of the pretrial stipulation is to be delayed, the judge’s case manager must be immediately notified.
Jury instructions must be submitted to the court by the stated deadline.
Jury instructions must be submitted to the Court on or before __________________________.
A final trial status report is due by the stated deadline.
A Final Trial Status Report will be due on or before _______________.
- Deadline
- 14 business days
A response to a case-dispositive motion is due 14 business days after filing, with further briefing governed by court order.
Responses are due 14 business days after the motion is filed. Further briefing on the motion will be as ordered by the Court.
- Deadline
- 15 calendar days
Motions must be filed at least fifteen 15 calendar days before the noticed presentation date, with two courtesy copies including exhibits delivered to Judge Rennie in chambers.
Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Rennie in chambers.
- Deadline
- 7 calendar days
A response to a routine civil motion is due no later than seven calendar days after filing and in all cases by the Friday before the hearing.
Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Friday prior to the motion’s hearing, with two courtesy copies of a response (with exhibits) delivered to Judge Rennie in chambers.
- Deadline
- 60 calendar days
After trial scheduling is postponed, plaintiff's counsel must file a status report within 60 days of the postponed conference unless the Court orders otherwise.
Unless ordered otherwise, scheduling will be indefinitely postponed. Counsel for plaintiff(s) must then submit a status report within sixty (60) days of the date of the postponed conference.
- Deadline
- 15 calendar days
Routine motions must be filed at least 15 calendar days before the noticed date, and responses are due within 7 calendar days after filing.
The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, in Judge Augusthy's cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 7 calendar days after the filing of the motion.
- Deadline
- 14 calendar days
A response with all supporting authority to a dispositive motion is due within 14 days after filing, excluding weekends and holidays.
The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, a response (with all supporting authority) to any dispositive motion is due no later than 14 days (excluding weekends and holidays) after the filing of the motion.
- Deadline
- 7 calendar days
A reply to a dispositive-motion response is due within 7 days after filing the response, excluding weekends and holidays.
Any reply is due no later than 7 days (excluding weekends and holidays) after the filing of the response.
- Applies to
- Jury instructions
Unless the Court directs otherwise, proposed jury instructions must be filed on the Wednesday before trial.
Unless otherwise directed by the Court, proposed jury instructions must be filed the Wednesday before the trial date.
- Deadline
- 14 business days
Responses to dispositive motions are due 14 business days after the motion is filed.
Responses are due 14 business days after filing.
An Interim Status Report must be submitted no more than 14 days after mandatory ADR, and it must advise the Court of the ADR outcome.
An Interim Status Report shall be submitted 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.
- Deadline
- 14 calendar days
A response to a case-dispositive motion is due within 14 days after filing the motion, excluding weekends and holidays.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.
- Deadline
- 15 calendar days
Routine motions must be filed at least 15 calendar days before the noticed presentation date.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
- Deadline
- 7 calendar days
A response to a routine motion is due within 7 calendar days after filing, with one courtesy copy including exhibits delivered to Judge Augusthy’s chambers.
Responses are due no later than 7 calendar days after the filing of the motion, with one courtesy copy of a response (with exhibits) delivered to Judge Augusthy in chambers.
The parties must submit an Interim Status Report within 14 days after mandatory ADR.
An Interim Status Report shall be submitted no more than 14 days after ADR has been conducted.
- Deadline
- 14 business days
Responses to dispositive motions are due 14 business days after the motion is filed.
Responses are due 14 business days after filing.
The response to a dispositive motion is due within 14 days after filing the motion, excluding weekends and holidays.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.
- Deadline
- 15 calendar days
A routine civil motion must be filed at least 15 calendar days before its noticed presentation date, with one courtesy copy and exhibits delivered to the judge’s chambers.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
- Deadline
- 7 calendar days
A response to a routine civil motion is due within seven calendar days after the motion is filed, and one courtesy copy with exhibits must be delivered to the judge’s chambers.
Responses are due no later than 7 calendar days after the filing of the motion, with one courtesy copy of a response (with exhibits) delivered to Judge Augusthy in chambers.
For non-expedited Rule 7(c)(1) motions, the general briefing schedule calls for an opening brief 30 days after filing, an answering brief 30 days later, and a reply 15 days after that.
In a non-expedited case, the general expectation for a motion falling under Rule 7(c)(1) is for the opening brief to be due 30 days ===== PAGE 18 ===== after the motion is filed, the answering brief to be due 30 days later, and the reply 15 days after that.
- Deadline
- 14 calendar days
For non-expedited motions other than Rule 7(c)(1) motions, the opposition is generally due 14 calendar days after filing and the reply seven calendar days later.
In a non-expedited case, the general expectation for all other motions is for the opposition to be due fourteen calendar days after the motion is filed and the reply seven calendar days after that.
Briefing schedules for expedited, non-case-dispositive motions should generally measure response and reply periods in days.
For non-case-dispositive motions, the time for responses and replies should generally be measured in days.
Moving counsel should promptly advise the Court whether a pro hac vice or commission motion is opposed, and any objection must be filed promptly or the motion will be deemed unopposed.
Moving counsel should investigate and promptly determine and advise the Court whether a motion for admission pro hac vice or for commission is opposed. Otherwise, the motion will be deemed unopposed. Any objection to a pro hac vice motion or motion for commission must be filed promptly.
- Deadline
- 5 business days
- Applies to
- Form of order
Unless the Court directs otherwise, a requested form of order should be submitted within five business days after the ruling.
If the Court has requested a form of order, then unless otherwise directed, a form of order should be submitted within five business days of the ruling.
A settlement challenging a pending transaction should be presented promptly for approval after the transaction closes.
The settlement should be presented promptly for approval following the closing of the transaction.
- Applies to
- Brief
The brief supporting a settlement and its supporting documents should be filed 30 days before the settlement hearing.
A brief in support of the settlement and any supporting documents to be filed 30 days before the hearing date;
- Applies to
- Objections
Objections to a proposed representative-action settlement should be filed 15 days before the hearing.
Objections to be filed 15 days before the hearing date, and
- Applies to
- Reply brief
A short reply supporting the settlement and responding to any objections should be filed five days before the settlement hearing.
A short reply in support of the settlement and in response to any objections five days prior to the hearing date.
A Rule 4(j) dismissal notice and order are issued for cases in which service has not been perfected within 90 days after the complaint is filed.
Issued for all cases that have not had service perfected within 90 days of filing of the Complaint.
A Rule 41(e) dismissal notice and order is issued monthly after six months of inactivity.
Issued monthly, following six (6) months of no activity.
- Deadline
- 290 calendar days
The court aims to resolve 75% of appeals within 290 days of filing the notice of appeal and 95% within one year, with the remaining appeals resolved as expeditiously as circumstances permit.
The time standards of the Superior Court of the State of Delaware relating to disposition of appeals on the record shall be that 75% of all appeals shall be resolved within 290 days from filing of the notice of appeal, 95% within one year of the filing of the notice of appeal, and the remaining 5% as expeditiously as possible, given the length of the record, the complexity of the issues, or other unusual circumstances.
- Applies to
- Pretrial stipulation
The completed pretrial stipulation must be received by the Court by the deadline stated in the scheduling order, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before .
Failure to file a timely response to a motion in limine may result in the court deeming the motion unopposed.
Failure to file a timely Response may result in the Court deeming the motion as unopposed.
A reply brief may be filed within five days after the response.
A reply brief may be filed within 5 days after the response.
A response to an earlier-filed Daubert motion should be filed within 14 days after the motion.
Any response to such a motion filed earlier should be filed within 14 days of the Motion.
An oral-argument time obtained before filing a dispositive or Daubert motion may be canceled if the motion is not filed within four days.
If a party then does not file the motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
A reply brief may be filed within five days after the response to a dispositive or Daubert motion.
A reply brief may be filed within 5 days after the response.
- Deadline
- 2 business days
Counsel seeking more than 10 pages should submit a request letter at least two business days before the filing deadline, specifying the additional pages sought and opposing counsel's position.
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.
Unless the scheduling order provides otherwise, a motion in limine should be filed at least 21 days before the pretrial conference, allowing 14 days for response.
Absent a different schedule outlined in the case scheduling order, it is expected that the party will file its motion at least 21 days before the scheduled pretrial conference, leaving opposing counsel 14 days within which to respond.
Settlement documentation ordinarily should be submitted within 45 days, or a status report should be filed if the documentation is not yet complete.
As a general rule, proper documentation should be submitted to the Court within forty-five (45) days of settlement, or Plaintiff's counsel should file a status report if documentation has not been finalized.
- Deadline
- 2 business days
A request for additional words must be submitted by stipulation or noticed motion at least two business days before the filing deadline and state the number requested and the opposing party's position.
Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party's position.
An Interim Status Report is due no more than 14 days after ADR is conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
- Deadline
- 7 working days
A reply to a dispositive or Daubert motion may be filed within seven working days after the response.
A reply may be filed within 7 days (excluding holidays and weekends) after the response.
- Deadline
- 5 working days
A reply to a motion in limine may be filed within five working days after the response.
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
Failure to respond timely may cause the motion to be deemed unopposed.
Failure to file a timely response may result in the Court deeming the motion as unopposed.
All discovery must be initiated so that it is completed no later than the applicable deadlines.
All discovery shall be initiated such that it will be completed no later than the deadlines.
The court will not consider a motion in limine filed after the deadline unless exceptional circumstances exist.
The Court will not consider motions filed after that date absent exceptional circumstances.
Failure to comply with the order’s deadlines may result in waiver of objections or sanctions against the responsible parties.
Failure to comply with deadlines established in this order may result in the Court considering objections waived by the non-complying party and/or the imposition of appropriate sanctions upon the responsible party or parties.
If no timely response is filed, the court may deem the motion unopposed and grant it before the hearing, with notice to the parties.
If no response is filed within the deadline, the Court may deem the motion unopposed, grant the motion before the hearing date, and will so notify the parties.
Plaintiff’s counsel must send Defendant’s counsel a draft pretrial stipulation at least 15 days before the pretrial conference.
At least 15 days before the Pretrial Conference, Plaintiff’s counsel shall forward to Defendant’s counsel a draft of the pretrial stipulation with the information Plaintiff proposes to include.
Defendant’s counsel must provide comments and proposed information within five days after receiving the draft pretrial stipulation.
Within five days from the date of receiving that draft, Defendant’s counsel shall provide Plaintiff’s counsel with comments on the Plaintiff’s draft and the information the Defendant proposes to include.
Responses must be filed no later than seven.
responses shall be filed no later than seven
A reply brief on a dispositive motion may be filed fourteen days after responses are received.
A reply brief on a dispositive motion may be filed fourteen days after responses are received, but no later than seven days before any hearing on the motion.
The source states filing deadlines for motions in limine and responses but leaves the dates blank, so no numeric deadline can be extracted.
All motions in limine shall be filed no later than and all responses to those motions shall be filed no later than .
Dispositive motions may be filed on or before the date stated in the scheduling order.
Dispositive motions may be filed on or before _____________.
A response to a dispositive motion is due no later than 30 days after the motion is filed, with briefing and further proceedings governed by Section VI-A.
Any response to a dispositive motion is due no later than thirty (30) days after the filing of the dispositive motion and briefing and further proceedings on dispositive motions are to proceed in accord with Section VI-A of this Order.
If a reply brief is filed on a dispositive motion, it may be filed 14 days after responses are received but no later than seven days before the hearing.
A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than seven (7) days before any hearing on the motion.
A reply brief on a dispositive motion may be filed fourteen days after responses are received.
A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received
The order establishes separate filing deadlines for motions in limine and their responses, but the dates are left blank.
All motions in limine shall be filed no later than _____________ and all responses to those motions shall be filed no later than _____________.
- Applies to
- Interim status report
The interim status report is due no more than 14 days after mandatory ADR is conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
If no timely response is filed, the Court may deem the routine motion unopposed, grant it before the hearing, and notify the parties.
If no response is timely filed, the Court may deem the motion unopposed, grant the motion before the hearing, and will so notify the parties.
Motions to join parties or amend or supplement pleadings must be filed by the specified deadline.
Motions seeking to join other parties and motions to amend or supplement the pleadings must be filed and served on or before _____________.
- Deadline
- 7 calendar days
A joint application to amend the initial Trial Scheduling Order must be made within seven days after the order is first docketed.
First amendment of this initial Trial Scheduling Order will be liberally granted upon the parties’ joint application made within 7 days of its first docketing.
Motions in limine are ordinarily filed, and responded to, well before the Pretrial Conference.
Motions in limine are usually filed and responded to well before the Pretrial Conference.
- Deadline
- 4 calendar days
An oral-argument time for a dispositive motion may be canceled if the motion is not filed within 4 days after the time is obtained.
If a party does not file a dispositive motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
Particularly significant issues, including Daubert issues, should be raised by motion in limine and normally filed and answered well before the Pretrial Conference.
Any particularly significant issue, including Daubert issues, should be raised by motion in limine. Motions in limine are usually filed and responded to well before the Pretrial Conference.
Motions to add a party or amend a pleading must be filed by the scheduling-order deadline, which is left blank in the document.
Filing of Motions to Add a Party or Amend a Pleading shall be filed no later than ____________.
Mandatory alternative dispute resolution must be completed by the deadline entered in the order, which is left blank in the document.
Mandatory ADR is to be conducted by no later than __________ .
Dispositive motions must be filed by the deadline entered in the scheduling order, which is left blank in the document.
Dispositive Motions shall be filed by no later than ____________.
Motions in limine, including Daubert motions and motions to exclude testimony, must be filed by the deadline entered in the order, which is left blank in the document.
Motions in Limine (including Daubert motions, or any motion to exclude all or part of a witness’s testimony) shall be filed no later than _____________.
After the response deadline expires, the Prothonotary will forward the incarcerated litigant's motion and any response to the assigned judge.
Upon the expiration of the deadline provided, the Prothonotary will direct the Motion and Response, if any, to the Assigned Judge.
Judge Wallace hears routine civil motions on Mondays at 9:00 a.m.
Judge Wallace’s routine civil motions are on Mondays at 9:00 a.m.
Judge Wallace’s routine civil motions are heard on Mondays at 9:00 a.m.
Judge Wallace’s routine civil motions are on Mondays at 9:00 a.m.
When is a filing treated as filed in Superior Court of Delaware, New Castle County?
The rule addresses filing timing, filing status, or cure windows. An opposed routine motion must be filed ten days before the noticed hearing date, excluding weekends and holidays.
When is a filing treated as filed in Superior Court of Delaware, New Castle County?
The rule addresses filing timing, filing status, or cure windows. Unless the Court directs otherwise, proposed jury instructions must be filed on the Wednesday before trial.
When is a filing treated as filed in Superior Court of Delaware, New Castle County?
The rule addresses filing timing, filing status, or cure windows. Movant's counsel must contact Chambers within five days after filing a dispositive or Daubert motion to obtain a hearing date.
When is a filing treated as filed in Superior Court of Delaware, New Castle County?
The rule addresses filing timing, filing status, or cure windows. A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.
When is a filing treated as filed in Superior Court of Delaware, New Castle County?
The rule addresses filing timing, filing status, or cure windows. Responses to dispositive motions are due 14 business days after filing.
When is a filing treated as filed in Superior Court of Delaware, New Castle County?
The rule addresses filing timing, filing status, or cure windows. Unless a specific order provides otherwise, a response to a motion in limine with all supporting authority is due no later than 7 business days after filing.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Service and Proof of Service Rules
E-service, mail, personal service, proof of service, certificate, and timing requirements.