Judge Colm F. Connolly
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings (All filings)
Required
Filings (Letter, Brief, Exhibits, Declarations, Affidavits)
Required
Filings (Briefing)
Required
Filings (Letter)
Required
Filings (Letter, Brief, Exhibits, Certificate)
Required
Filings (Brief)
Required
Filings (Letter, Brief, Declaration, Affidavit, Exhibit, Attachment)
Required
Filings (Letter, Brief, Exhibits)
Required
Filings (Claim Construction Chart)
Required
Adjournments
Communication
Chambers
Chambers
Detailed Drafting Rules
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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
In limine requests must be included in the proposed pretrial order and not filed separately
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.
Party seeking relief on discovery disputes must file a letter not exceeding 3 pages.
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.
Opposing party may file letter (max 3 pages) 48 hours before discovery 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.
Exhibits and attachments must be tab-separated, paginated, deduplicated, and highlighted for court review.
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. The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read.
Brief covers for motions (except motions in limine) 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: (1) Opening brief - Blue; (2) Answering brief- Red; (3) Reply brief - Gray
Joint Claim Construction Chart must be emailed to cfc_civil@ded.uscourts.gov simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov.
Direct to: Chambers
Word limits for claim construction briefs: plaintiff opening/reply 5,500 words; defendant answering 8,250 words; defendant sur-reply 2,750 words.
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 _ _ _ _ _ _.
Word limits for case dispositive motions: 10,000 words for opening and answering briefs, 5,000 words for reply briefs, per side combined across all 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.
When Daubert motion is filed with case dispositive motion, word limits increase to 12,500 for opening/answering briefs and 6,250 for reply briefs.
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.
Concise statements supporting or opposing summary judgment motions are limited to 1,750 words, must use 14-point Times New Roman font, and require a certification of compliance.
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.
In limine requests are limited to 3 pages of argument, opposition to 3 pages, and reply 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.
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.
Direct to: Chambers
- Advance Notice Required72 hours prior to conference
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
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.
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.
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
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 - - - - - -.
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 _ _ _ _ _ _ _.
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 _ _ _ _ _ _ _.
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 _ _ _ _ _ _.
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
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.
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.
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.
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.
For unresolved discovery disputes, parties must schedule a conference with the Case Manager and file a letter (max 3 pages) 72 hours prior, with required attachments.
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. 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. The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
Opposition letters for discovery/protective order applications are limited to 3 pages and must be filed 48 hours before the 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.
Exhibits and attachments must be tabbed, paginated, and highlighted where relevant.
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. The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read.
Brief covers must be color-coded by type: 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: (1) Opening brief - Blue (2) Answering brief - Red (3) Reply brief - Gray
Plaintiff's opening brief in claim construction is limited to 5,500 words.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words
Defendant's answering brief in claim construction is limited to 8,250 words.
The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words
Plaintiff's reply brief in claim construction is limited to 5,500 words.
The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words
Defendant's sur-reply brief in claim construction is limited to 2,750 words.
The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words
Word limits for case dispositive motion briefs: 10,000 words for all opening briefs per side combined.
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.
Word limits of 12,500/12,500/6,250 for case dispositive and Daubert motions with 14-point 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.
Concise statements for summary judgment motions are limited to 1,750 words and must use 14-point Times New Roman font with a compliance certification.
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.
In limine requests limited to 3 per party; argument limited to 3 pages for request, 3 pages for opposition, and 1 page for reply.
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 combined in a single three-page submission (and, for the moving parties, a single one-page reply). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.