Court Rules
chief district Judge
Verified Current21 hours ago

Judge Colm F. Connolly

District of Delaware

Limits & Logistics

Document Limits

Pre Motion Letter
3 pgs
Opposition Letter
3 pgs
Document
5,500 wds
Case Dispositive Motion
10,000 wds
Case Dispositive Motion
12,500 wds
Concise Statement
1,750 wds
In Limine Request
3 pgs
Claim Construction Brief
5,500 wds
Claim Construction Brief
8,250 wds
Claim Construction Brief
2,750 wds
Brief
12,500 wds
In Limine Motion
3 pgs

Courtesy Copies

Filings (All filings)

Required

Filings (Letter, Brief, Exhibits, Declarations, Affidavits)

Required

Filings (Briefing)

Required

Filings (Letter)

Required

Filings (Letter, Brief, Declaration, Affidavit, Exhibit, Attachment)

Required

Adjournments

Notice Required
0Calendar Days
Notice Required
10Calendar Days

Communication

Email

Chambers

Scheduling
Advance Notice Required
Filters:AllMandatoryImportantFormattingCommunicationMemorandaWord CountsLettersConferencesSummary JudgmentExhibits

Detailed Drafting Rules

Page or Word LimitMandatory

Seeking party must file 3-page letter outlining dispute and position.

the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.

Page 12
|SecDisputes Relating to Discovery Matters and Protective Orders
Page or Word LimitMandatory

Opposing party may file 3-page letter within 48 hours before conference.

By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.

Page 12
|SecDisputes Relating to Discovery Matters and Protective Orders
Format RequirementMandatory

Hard copies must comply with formatting requirements in paragraphs 10 and 14.

The hard copies shall comply with paragraphs 10 and 14 of this Order.

Typography
Font FamilyTimes New Roman
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1.5"
Right:1"
Bottom:1"
Page 12
|SecDisputes Relating to Discovery Matters and Protective Orders
Page or Word LimitMandatory

Word limits for claim construction briefs: Plaintiff opening/reply 5,500 words, Defendant answering 8,250 words, Defendant sur-reply 2,750 words; 14-point Times New Roman required.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _ _ _ _ _ _. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _. The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

Document RequirementMandatory

Declarations cannot contain legal arguments or circumvent briefing word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Document Type

Declaration

Content & Formatting
Legal Argument
Page 17
|Secclaim construction
Page or Word LimitMandatory

Word limits for case dispositive and Daubert motions (10,000/10,000/5,000 words, increased to 12,500/12,500/6,250 if Daubert motions are filed)

Each party is permitted to file as many case dispositive motions as desired, provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.

Page or Word LimitMandatory

Word limits increase to 12,500/12,500/6,250 when Daubert motions are filed

In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.

Format RequirementMandatory

Briefs must be 14-point Times New Roman with certification of compliance

The text for each brief shall be 14-point and in Times New Roman or a similar typeface. Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Applies When:Motion Type Set Undefined
Typography
Font FamilyTimes New Roman
Size14 pt
Page or Word LimitMandatory

Concise statements for summary judgment motions limited to 1,750 words, 14-point Times New Roman, with certification.

support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words. The text for each statement shall be 14-point and in Times New Roman or a similar typeface. Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.

Document RequirementImportant

Referenced documents must be highlighted, with page numbers identified; miniscripts preferred over full transcripts when possible.

Documents referenced in the concise statement may, but need not, be filed in their entirety if a party concludes that the full context would be helpful to the Court (e.g., a deposition miniscript with an index stating what pages may contain key words may often be useful). The concise statement shall particularly identify the page and portion of the page of the document referenced. The document referred to shall have relevant portions highlighted or otherwise emphasized. The parties may extract and highlight the relevant portions of each referenced document, but they shall ensure that enough of a document is attached to put the matter in context. If a party determines that an entire deposition transcript should be submitted, the party should consider whether a miniscript would be preferable to a full-size transcript. If an entire transcript is submitted, the index of terms appearing in the transcript must be included, if it exists. When multiple pages from a single document are submitted, the pages shall be grouped in a single exhibit.

Document Type

Concise Statement

Content & Formatting
Exhibit List
Bundling PolicyMandatory

In limine requests must be included in pretrial order; max 3 requests per party with 3-page arguments and 1-page reply

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be

Filing Strategy

Bundling Policy

Mandatory Bundling

In limine requests must be included in the proposed pretrial order and not filed separately

Applicable Motions
In Limine
Page 25
|SecMotions in Limine
Page or Word LimitMandatory

In limine requests limited to 3 pages of argument, responses to 3 pages, and replies to 1 page

Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.

Page 25
|SecMotions in Limine
Communication ProtocolMandatory

Contact Case Manager to schedule in-person conference for discovery disputes.

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    72 hours prior to conference
Page 6
|SecDisputes Relating to Discovery Matters and Protective Orders
Document RequirementMandatory

Letter (max 3 pages) required 72 hours before discovery dispute conference.

Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.

Document Type

Discovery Dispute Letter

Content & Formatting
Party Position
Issues In Dispute
Letter
Page 6
|SecDisputes Relating to Discovery Matters and Protective Orders
Page or Word LimitMandatory

Opposition letters must be filed within 48 hours of conference/argument and limited to 3 pages.

By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.

Format RequirementImportant

Exhibits and attachments must be separated by tabs and paginated for identification.

Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.

Applies When:Document Type Set Undefined
Layout & Binding
Binding Style
Tabbed Three Ring
Format RequirementMandatory

Brief covers must be color-coded: opening (blue), answering (red), reply (gray).

The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: Opening brief - Blue, Answering brief - Red, Reply brief- Gray

Applies When:Motion Type Set Undefined
Page or Word LimitMandatory

Plaintiff's opening brief limited to 5,500 words (not filed, served only).

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on - - - - - -.

Page or Word LimitMandatory

Defendant's answering brief limited to 8,250 words (not filed, served only).

The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _.

Page or Word LimitMandatory

Plaintiff's reply brief limited to 5,500 words (not filed, served only).

The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _.

Page or Word LimitMandatory

Defendant's sur-reply brief limited to 2,750 words (not filed, served only).

The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.

Document RequirementMandatory

Declarations cannot contain legal argument or circumvent word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Document Type

Declaration

Content & Formatting
Legal Argument
Page 11
|SecI. Agreed-upon Constructions
Page or Word LimitMandatory

Each side limited to 10,000 words for opening briefs, 10,000 for answering briefs, and 5,000 for reply briefs across all dispositive motions.

Each party is permitted to file as many case dispositive motions as desired; provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.

Page or Word LimitMandatory

Word limits increased to 12,500 words for opening/answering briefs and 6,250 for reply briefs in dispositive and Daubert motions, with 14-point Times New Roman font and certification requirement.

any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs. The text for each brief shall be 14-point and in Times New Roman or a similar typeface. Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.

Page or Word LimitMandatory

Concise statements for summary judgment motions are limited to 1,750 words, must be 14-point Times New Roman, and require a certification of compliance.

The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words. The text for each statement shall be 14-point and in Times New Roman or a similar typeface. Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.

Page or Word LimitMandatory

In limine requests limited to 3 pages of argument, responses to 3 pages, and replies to 1 page.

Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.