Judge Sean P. Lugg
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- With Filing
Motion
- 1 copy • Chambers Drop Off
Motion, Brief, Appendices
- 1 copy • Contemporaneously With Filing
Motion, Response
- 1 copy • Chambers Drop Off
Adjournments
- A request to continue a trial date must be filed as a routine motion stating each other party's position or explaining that opposing counsel or the self-represented party could not be reached, rather than submitted as a letter or email.
- Any motion or letter seeking rescheduling, additional time, expanded page or word limits, or similar relief must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
- A motion to continue a trial date must be scheduled as a routine motion and must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
Request must include
Communication
Chambers
Clerk
Duty Judge
Page & Word Limits3 rules
A dispositive motion and its response may not exceed six pages each.
The motion and the response shall not exceed 6 pages in length
Motion
6 pages
Response
6 pages
For dispositive or Daubert-type motions, the motion and response are limited to 10 pages including exhibits, and replies are limited to 6 pages, absent prior permission to exceed the limits.
The motion and response shall not exceed 10 pages, including exhibits, unless permission has previously been granted to exceed this limit. Replies shall not exceed 6 pages unless permission has previously been granted to exceed this limit.
Motion Or Response
10 pages
Reply Brief
6 pages
A request for additional pages must be submitted by stipulation or motion at least two business days before the filing deadline and state the number of pages requested and the opposing party’s position.
Counsel should submit a request for additional pages 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 pages requested and indicating the opposing party's position.
Motion
Document Format Requirements4 rules
Exhibits and appendices to briefs, courtesy copies of motions, and letter applications must be individually tabbed.
Exhibits and appendices to briefs, courtesy copies of motions, or letter applications must all be individually tabbed.
Plaintiff’s counsel must provide the court an agreed-upon jury instruction set in both hard-copy and Microsoft Word (.docx) formats.
Plaintiff’s counsel shall provide the Court an agreed-upon set of instructions (both hard copy and in Microsoft Word (.docx) format to Wendy.Wilkinson@Delaware.gov).
DOCX
A copy of proposed jury instructions must be emailed to Judge Lugg’s Administrative Specialist in Microsoft Word format.
A copy of proposed instructions must be sent in Microsoft Word format by e-mail to Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov.
DOCX
For voluminous appendices or exhibits exceeding half a banker’s box, counsel are encouraged to attach key documents as exhibits and place other documents in an appendix on a thumb drive.
If the appendices or exhibits are voluminous, i.e. would fill more than half a banker's box, counsel are encouraged to attach certain key documents, for example contracts or expert reports, as exhibits to the brief and provide all other documents in an appendix contained on a thumb drive.
Document Filing Requirements12 rules
Counsel must identify related Superior Court cases on the Case Information Statement filed with the complaint or answer.
Counsel should always identify any 'related' Superior Court cases on the Case Information Statement filed with the complaint or with the answer so that the new case is assigned to the same judge.
Document Type
Case Information Statement
A letter requesting court action when a motion is inappropriate must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
Any letter to the Court requesting Court action of some kind (in instances where a motion is otherwise not appropriate) must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
Document Type
Letter
Daubert motions must not be filed as motions in limine.
Daubert motions shall not be filed as motions in limine.
Document Type
Motion In Limine
Dispositive or Daubert-type motions, responses, and replies must include a notice of hearing stating the date and time for argument.
The motion, response, and reply shall include a notice of hearing, indicating the date and time for argument.
Document Type
Motion
A proposed order must specifically identify the motion it addresses.
Proposed orders shall state with particularity the motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").
Document Type
Proposed Order
Only counsel may write directly to Judge Lugg, and all correspondence must be signed by an attorney from the attorney of record’s law firm and copied to opposing counsel or a self-represented party.
Only counsel, not legal staff, may write directly to Judge Lugg. All correspondence must be signed by an attorney in the law firm of the attorney of record and copied to opposing counsel, or the party if self-represented.
Document Type
Correspondence
The interim status report must advise the court of the outcome of mandatory ADR.
Among other issues, the parties shall advise the Court of the outcome of mandatory ADR.
Document Type
Interim Status Report
A motion in limine must include all supporting authority.
Motions in Limine must include all supporting authority with the motion.
Document Type
Motion In Limine
The Interim Status Report must address the issues, discovery progress, and results of mandatory alternative dispute resolution.
The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter.
Document Type
Interim Status Report
Plaintiff’s counsel must file the Interim Status Report and provide a copy to the judge’s chambers.
The Interim Status Report is to be filed by Plaintiff’s Counsel with a copy to the Judge’s chambers.
Document Type
Interim Status Report
The parties must actively participate in settlement discussions and determine whether the matter can be resolved under Civil Rule 16.
The parties are required to actively engage in settlement discussions and determine whether the matter may be resolved in accordance with Civil Rule 16.
Requirement
Document requirement
Another attorney from the same law firm may attend a scheduling conference if the attorney understands the case, the case is not particularly complex, and the attorney knows the trial attorney’s availability.
Another attorney in the law firm of counsel for a party (other than the attorney(s) who signed the complaint or the responsive pleading) may participate in the Conference provided (1) the attorney has a basic understanding of the case, (2) the case is not particularly complex, and (3) the attorney knows the trial attorney's trial availability.
Document Type
Conference Notice
Filing & Service rules
Electronic Filing Rules
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.
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.
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.
Filing Timing and Cure Windows
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 ______________.
Page 1 | TRIAL SCHEDULING ORDER
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 ______________.
Page 1 | TRIAL SCHEDULING ORDER
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 ______________.
Page 1 | TRIAL SCHEDULING ORDER
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 ______________.
Page 1 | TRIAL SCHEDULING ORDER
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 ______________.
Page 1 | TRIAL SCHEDULING ORDER
Motions in limine must be filed by the date specified in the scheduling order.
Motions in Limine shall be filed no later than ______________.
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
Responses to dispositive and Daubert motions are due 14 business days after filing.
Responses are due 14 business days after filing.
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
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 ______________.
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
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
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
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.
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
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 ______________.
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
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.
Page 5 | TRIAL SCHEDULING ORDER
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
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
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.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
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
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
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.
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
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.
Filing Fees and Waivers
The trial fee must be paid no later than the pretrial conference; if unpaid for two business days afterward, the case will be removed from the trial calendar until payment.
i. Trial Fee. The trial fee shall be paid no later than the date of the pretrial conference. 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 upon payment of the trial fee.
Page 4 | TRIAL SCHEDULING ORDER
Courtesy Copy Requirements
A courtesy copy of the motion and its exhibits must be delivered to chambers, and a courtesy copy of the response and its exhibits must also be delivered to chambers.
with one courtesy copy (with exhibits) delivered to Judge Lugg in 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 Lugg in chambers.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
One courtesy copy of the response, including exhibits, must be delivered to Judge Lugg in chambers.
One courtesy copy of a response (with exhibits) delivered to Judge Lugg in chambers.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
One courtesy copy of a dispositive motion, including its exhibits, must be delivered to Judge Lugg in chambers.
One courtesy copy of the motion (with exhibits) must be delivered to Judge Lugg in chambers.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
One courtesy copy of each motion, brief, and appendix must be sent to chambers at the time of filing.
One courtesy copy of all motions, briefs, and appendices must be sent to chambers contemporaneously with filing.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
A courtesy copy of a routine motion and its response, including exhibits, must be delivered to chambers.
A courtesy copy of both the motion and response (with exhibits) must be delivered to chambers.
One courtesy copy of every motion, brief, and appendix must be sent to chambers when filed.
One courtesy copy of all motions, briefs, and appendices must be sent to chambers contemporaneously with filing.
Adjournment & Extension Requirements
A request to continue a trial date must be filed as a routine motion stating each other party's position or explaining that opposing counsel or the self-represented party could not be reached, rather than submitted as a letter or email.
A Motion to Continue a Trial Date shall be filed as a routine motion and must include the position of each other party or otherwise represent that opposing counsel or a self-represented party could not be reached. The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
Page 7 | ADDITIONAL INFORMATION AND PROCEDURES
A motion to continue a trial date must be scheduled as a routine motion and must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
A motion to continue a trial date shall be scheduled as a routine motion and must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
Any motion or letter seeking rescheduling, additional time, expanded page or word limits, or similar relief must state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
Any motion or letter requesting rescheduling, additional time, expansion of the page limit or word count, or other similar action must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
Chambers Communication Rules
Counsel must obtain a hearing date and time from Judge Lugg’s chambers by email before noticing a dispositive motion.
Counsel shall notice dispositive motions by obtaining a date and time from Judge Lugg’s Chambers by emailing Wendy.Wilkinson@Delaware.gov.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
Plaintiff’s counsel must immediately notify chambers by email if mediation resolves the case or the case settles.
If mediation resolves a case, or in the event a case settles, Plaintiff's counsel shall notify chambers immediately by email to Judge Lugg's Administrative Specialist, Civil Case Manager, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov.
Counsel must obtain possible oral-argument dates and times for dispositive or Daubert-type motions through Judge Lugg’s Administrative Specialist.
Counsel must obtain possible dates and times for oral argument on dispositive or Daubert-type motions through Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov.
Plaintiff’s counsel must immediately notify chambers by email if the case settles.
In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Wendy.Wilkinson@Delaware.gov.
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
Counsel must promptly notify the assigned judge’s Judicial Case Manager if a later-filed related civil case was assigned to a different judge because the Case Information Statement omitted the pending case.
If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case, and that the subsequent civil case was assigned to a different judge, counsel shall promptly notify the Judicial Case Manager for the judge assigned to the subsequently filed case.
Counsel who does not oppose a routine motion should notify the court by letter.
If counsel does not oppose a routine motion, non-opposing counsel should so notify the Court by letter.
Counsel should email chambers to request a Trial Scheduling Order if one should have issued but has not.
If any attorney believes that a TSO should have been issued, but one has not been issued, counsel should contact Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov, to request a TSO.
Counsel who is not a signatory of the complaint or responsive pleading and plans to attend a conference should notify chambers at least one day before the conference.
If counsel other than a signatory of the complaint or the responsive pleading plans to attend, that counsel should notify chambers at least the day before the Conference by contacting Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov.
Video or telephone conferences may be scheduled through chambers, and represented parties must arrange Courtscribes services and forward the link to any self-represented party.
A video or telephone conference with the Court may be scheduled by contacting Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov. Represented parties shall arrange the required services (Courtscribes at Courtscribes.com); if a party is self-represented Counsel for any represented party shall make the necessary arrangements and forward the required link to the self-represented party.
Email should generally be limited to administrative communications with court or chambers staff, and every email must include the subject case name and civil action number and be addressed to Judge Lugg’s staff.
Email should be limited to administrative-type emails to Court and chambers staff except as set forth later in these preferences. All emails should include the name of the subject case, the civil action number, and should be addressed to Judge Lugg's staff
Before or when sending a fax to Chambers or the Prothonotary, notice must be given by phone or email to the Administrative Specialist or Civil Case Manager.
Please advise the Administrative Specialist or Civil Case Manager by phone or email that a FAX transmission has been or is about to be sent to Chambers or the Prothonotary.
Questions and comments about Judge Lugg’s preferences may be sent to his Administrative Specialist by email.
Comments or questions from lawyers, paralegals, and other legal staff about Judge Lugg's preferences are welcome and should be directed to Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov.
Questions about routine motions, including scheduling, should be emailed to Judge Lugg’s Civil Case Manager.
Questions regarding routine motions, including scheduling, should be addressed to Judge Lugg's Civil Case Manager, Briana Fielder at Briana.Fielder@Delaware.gov.