Court Rules
magistrate Judge
Verified Current21 hours ago

Judge Eleanor G. Tennyson

District of Delaware

Limits & Logistics

Document Limits

Discovery Conference Letter
3 pgs
Opposition Letter
3 pgs
Claim Construction Brief
20 pgs
Joint Claim Construction Brief
80 pgs
Brief
40 pgs
Brief
50 pgs
Brief
250 pgs
In Limine Request
3 pgs
Post Trial Motion Brief
20 pgs
Document
20 pgs
In Limine Opposition
3 pgs

Courtesy Copies

Filings (Brief, Appendix, Exhibit, Declaration, Affidavit, Paper Under Seal)

Required

Filings (Joint Proposed Final Pretrial Order)

Required

Filings (Jury Instructions, Voir Dire, Special Verdict Forms)

Required

Filings (Pretrial Order)

Required

Adjournments

Notice Required
0Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
Notice Required
10Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
Filters:AllMandatoryMemorandaPage LimitsLettersTypographyConferencesSummary JudgmentDiscoveryProposed OrdersExhibits

Detailed Drafting Rules

Page or Word LimitMandatory

Daubert motion briefing subject to case dispositive motion page limits.

Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions.

Page 6
|SecDisclosure of Expert Testimony
Page or Word LimitMandatory

File 3-page letter 72 hours before discovery conference.

After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font

Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page or Word LimitMandatory

Opposition letters limited to 3 pages in 12-point font, filed at least 48 hours before conference.

On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.

Page 7
|SecParagraph 8(g)
Page or Word LimitMandatory

Claim construction briefs have specific page limits and must be served but not filed.

Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on [DATE]. Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on [DATE]. Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on [DATE].

Page 8
|SecParagraph 12
Page or Word LimitMandatory

Joint claim construction brief must be filed, combining all briefs, with 80-page limit.

No later than [DATE], the parties shall file a joint claim construction brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits in the Scheduling Order have not been violated and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms, etc.) as to why the brief is longer than 80 pages.

Page 8
|SecParagraph 12
Document RequirementMandatory

Summary judgment motions require a concise statement (max 6 pages) of essential undisputed facts.

Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact that the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and for which the moving party contends there is no genuine issue to be tried.

Document Type

Summary Judgment Motion

Content & Formatting
Concise Statement Of Facts
Page 10
|SecCase Dispositive Motions
Document RequirementMandatory

Opposition to summary judgment must include a 6-page response to the moving party's concise statement.

Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.

Document Type

Summary Judgment Opposition

Content & Formatting
Concise Statement Response
Page 10
|SecCase Dispositive Motions
Document RequirementMandatory

Opposition may include a 4-page concise statement of disputed facts.

The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.

Document Type

Summary Judgment Opposition

Content & Formatting
Concise Statement Of Disputed Facts
Page 10
|SecCase Dispositive Motions
Document RequirementMandatory

Reply to summary judgment must include a 4-page response to the opposition's concise statement.

The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis.

Document Type

Summary Judgment Reply

Content & Formatting
Concise Statement Response
Page 10
|SecCase Dispositive Motions
Page or Word LimitMandatory

Combined page limits for case dispositive motions: 40 pages for opening briefs, 40 pages for answering briefs, 20 pages for reply briefs per side.

permitted to file as many case dispositive motions as desired, but each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs, regardless of the number of case dispositive motions that are filed.

Page 11
|SecPage Limits for Case Dispositive Motions
Page or Word LimitMandatory

When filing Daubert motions with case dispositive motions, page limits increase to 50 pages for opening/answering briefs and 25 pages for reply briefs per side.

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 pages permitted for each SIDE for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs.

Page 11
|SecPage Limits for Case Dispositive and Daubert Motions
Page or Word LimitMandatory

Total combined briefing limit of 250 pages for all case dispositive and Daubert motions across all related cases.

The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.

Page 11
|SecTotal Combined Briefing Limit
Page or Word LimitMandatory

In limine requests limited to 3 pages of argument for support, 3 pages for opposition, and 1 page for reply.

The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request.

Page 11
|SecIn Limine Argument Page Limits
Page or Word LimitMandatory

Post-trial motion briefs limited to 20 pages (opening/answering) and 10 pages (reply).

to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, regardless of the number of motions filed.

Pre-Motion ProcedureMandatory

Pre-motion letter (max 3 pages, 12-point font) required for discovery disputes, filed 72 hours before conference

After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party's position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-

Pre-Motion Conference

A pre-motion conference is mandatory before filing. You must submit a letter first.

Letter Requirements

Status
Required
Max Length3 pgs
0
Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page or Word LimitMandatory

Opposition letters limited to 3 pages in 12-point font.

any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.

Page 7
|SecOpposition Letters
Page or Word LimitMandatory

Claim construction briefing limits: opening/reply 20 pages, answering 30 pages, sur-reply 10 pages.

Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on [DATE]. Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on [DATE]. Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on [DATE].

Page 8
|SecClaim Construction Briefing
Page or Word LimitMandatory

Joint claim construction brief must not exceed 80 pages without certification.

No later than [DATE], the parties shall file a joint claim construction brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits in the Scheduling Order have not been violated and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms, etc.) as to why the brief is longer than 80 pages.

Page 8
|SecJoint Claim Construction Brief
Page or Word LimitMandatory

Each side limited to 3 in limine requests with 3-page support, 3-page opposition, and 1-page reply.

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine requests shall be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request.

Page 10
|SecMotions in Limine
Page or Word LimitMandatory

Opposition to in limine requests limited to 3 pages.

The in limine requests shall be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request.

Page 10
|SecMotions in Limine