Court Rules
district Judge
Verified Current1 month ago

Judge Gregory B. Williams

Individual Rules, Standing Orders & Policies

District of Delaware

Limits & Logistics

Document Limits

In Limine Request
3 pgs
Opposition Letter
5 pgs
Reply Letter
2 pgs
Opening Brief
5,000 wds
Answering Brief
7,500 wds
Reply Brief
5,000 wds
Sur Reply Brief
2,500 wds
In Limine Reply
1 pgs
Letter
3 pgs
Letter
5 pgs
Letter
2 pgs
Opposition
7,500 wds
Reply
5,000 wds
Sur Reply
2,500 wds
Motion In Limine
3 pgs
Motion To Amend Letter
3 pgs
Motion To Strike Letter
3 pgs
Document
5,000 wds
Opposition
6 pgs
Opposition
4 pgs
Reply
4 pgs
Case Dispositive Motion
40 pgs
Case Dispositive Motion
50 pgs
Case Dispositive Motion
250 pgs
Post Trial Brief
20 pgs

Courtesy Copies

Filings (Discovery Letter)

Required

Filings (Pretrial Order)

Required

Filings (Brief, Appendix, Exhibit, Declaration, Affidavit, Sealed Document)

Required • Binding: Tabbed Three Ring

Filings (Letter)

Required

Filings (Exhibits)

Required

Filings (All filings)

Required • Binding: Stapled

Filings (Joint Proposed Final Pretrial Order)

Required

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

Required

Communication

Letter Ecf

Chambers

Scheduling
Advance Notice Required
No Hours, Status Inquiries
Email

Chambers

gbw_civil@ded.uscourts.gov
Advance Notice Required
Email

Chambers

Filters:AllMandatoryImportantCommunicationMemorandaLettersDiscoveryConferencesPage LimitsEvidence/WitnessesJury

Detailed Drafting Rules

Pre-Motion ProcedureMandatory

Seeking party must file 3-page letter 48 hours before discovery conference

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Page 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Pre-Motion ProcedureMandatory

Opposing party may file 3-page opposition letter before discovery conference

On a date to be set by separate order, but generally application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Pre-Motion Conference

Check specific requirements before filing.

Letter Requirements

Status
Optional
Max Length3 pgs
Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Pre-Motion ProcedureMandatory

Motions to amend require 3-page letter with proposed pleading and blackline

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Page 6
|SecMotions to Amend
Pre-Motion ProcedureMandatory

Opposition to motions to amend must file 5-page response within 7 days

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Pre-Motion Conference

Check specific requirements before filing.

Letter Requirements

Status
Optional
Max Length5 pgs
Opposition Due7 days
Page 6
|SecMotions to Amend
Pre-Motion ProcedureMandatory

Motions to strike must be accompanied by a 3-page letter, not an opening brief.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Page 7
|SecMotions to Strike
Page or Word LimitMandatory

Opposition to motions to strike must be filed within 7 days as a 5-page letter.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Page 7
|SecMotions to Strike
Page or Word LimitMandatory

Reply to motions to strike must be filed within 3 days as a 2-page letter, with teleconference request.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.

Page 7
|SecMotions to Strike
Page or Word LimitMandatory

Plaintiff's opening brief limited to 5,000 words (served but not filed)

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on .

Page 9
|SecClaim Construction Briefing
Page or Word LimitMandatory

Defendant's answering brief limited to 7,500 words (served but not filed)

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on .

Page 9
|SecClaim Construction Briefing
Page or Word LimitMandatory

Plaintiff's reply brief limited to 5,000 words (served but not filed)

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on .

Page 9
|SecClaim Construction Briefing
Page or Word LimitMandatory

Defendant's sur-reply brief limited to 2,500 words (served but not filed)

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Page 9
|SecClaim Construction Briefing
Communication ProtocolMandatory

Parties must notify court by joint letter about testimony request and time allocation for claim construction hearing

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 10
|SecHearing on Claim Construction
Communication ProtocolMandatory

Interim status report required by joint letter on specified date

On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
Prohibited
  • Hours
  • Status Inquiries
Page 10
|SecInterim Status Report
Page or Word LimitMandatory

In limine requests limited to 3 pages of argument.

Each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three

Page or Word LimitMandatory

Party seeking discovery relief limited to 3-page letter.

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally

Page 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page or Word LimitMandatory

Opposing party in discovery dispute limited to 3-page response letter.

application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

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

Motions to amend require 3-page letter instead of opening brief, with proposed amended pleading and blackline comparison.

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Page 6
|SecMotions to Amend
Page or Word LimitMandatory

Opposition to motion to amend limited to 5-page responsive letter, due within 7 days.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Page 6
|SecMotions to Amend
Document RequirementMandatory

Motions to amend must include proposed amended pleading and blackline comparison; opening brief not permitted.

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Document Type

Motion

Specific requirements detailed in rule text.
Page 6
|SecMotions to Amend
Pre-Motion ProcedureMandatory

Motions to strike must be accompanied by a letter (max 3 pages) instead of an opening brief, and must attach the document to be stricken.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Page 7
|SecMotions to Strike
Page or Word LimitMandatory

Reply to motion to strike opposition must be filed within 3 days, not exceeding 2 pages.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages

Page 7
|SecMotions to Strike
Document RequirementMandatory

Motions to strike must attach the document to be stricken.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Document Type

Motion To Strike

Content & Formatting
Caption
Judge Name
Page Count
Word Count
Case Number
Ai Disclosure
Proposed Order
Certificate Of Service
Local Rule Certificate
Certificate Of Conference
Page 7
|SecMotions to Strike
Communication ProtocolImportant

Joint Claim Construction Chart must be in Word format and emailed to gbw_civil@ded.uscourts.gov simultaneously with filing.

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 8
|SecClaim Construction Issue Identification
Page or Word LimitMandatory

Plaintiff's opening claim construction brief limited to 5,000 words.

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words

Page or Word LimitMandatory

Defendant's answering claim construction brief limited to 7,500 words.

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words

Page or Word LimitMandatory

Plaintiff's reply claim construction brief limited to 5,000 words.

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words

Page or Word LimitMandatory

Defendant's sur-reply claim construction brief limited to 2,500 words.

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words

Page or Word LimitMandatory

Motions in limine are limited to 3 pages of argument, 3 pages of opposition, and 1 page of reply per side.

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. 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, and the moving party may file a maximum of one (1) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Communication ProtocolNote

All trial correspondence must go through the GBW Civil email mailbox.

Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox (gbw_civil@ded.uscourts.gov).

Email

Direct to: Chambers

Approved Topics
Scheduling
Page 1
|SecCommunications to Chambers
Communication ProtocolMandatory

Objections to evidence must be emailed to chambers by 6:00 a.m. on the trial day.

Delaware counsel, on behalf of the parties, shall notify the Court by email (gbw_civil@ded.uscourts.gov) by 6:00 a.m. of any objections to demonstratives, witnesses, deposition designations, or other evidence to be presented that trial day.

Email

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    by 6:00 a.m. on trial day
Page 1
|SecDispute Resolutions / Objections
Communication ProtocolMandatory

Parties must email revised proposed jury instructions and verdict sheet to chambers before the charge conference.

Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Page 3
|SecCharge Conference
Communication ProtocolMandatory

Parties must email glossary, witness list, and pronunciation guide to court reporter and chambers at least 3 business days before trial.

At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys' and witnesses' names.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Page 3
|SecCourt Reporter
Page or Word LimitMandatory

Daubert motions subject to 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 5
|SecObjections to Expert Testimony
Pre-Motion ProcedureMandatory

Party seeking discovery relief must file 3-page letter at least 48 hours before conference.

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length3 pgs
Opposition Due48 days
Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Document RequirementMandatory

Motion to amend requires 3-page letter instead of brief.

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Document Type

Motion To Amend

Content & Formatting
Blackline Comparison
Proposed Amended Pleading
Letter Description
Page 7
|SecMotions to Amend
Page or Word LimitMandatory

Motion to amend letter limited to 3 pages.

Any motion to amend... shall, instead, be accompanied by a letter, not to exceed three (3) pages

Page 7
|SecMotions to Amend
Page or Word LimitMandatory

Opposition letter to motion to amend limited to 5 pages.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Page 7
|SecMotions to Amend
Page or Word LimitMandatory

Reply letter to motion to amend limited to 2 pages.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages

Page 7
|SecMotions to Amend
Document RequirementMandatory

Motion to strike requires 3-page letter instead of brief.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Document Type

Motion To Strike

Content & Formatting
Document To Be Stricken
Letter Description
Page 8
|SecMotions to Strike
Page or Word LimitMandatory

Motion to strike letter limited to 3 pages.

Any motion to strike... shall, instead, be accompanied by a letter, not to exceed three (3) pages

Page 8
|SecMotions to Strike
Page or Word LimitMandatory

Word limits for claim construction briefs: opening/reply 5,000 words, answering 7,500 words, sur-reply 2,500 words.

opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Page 10
|SecClaim Construction Issue Identification
Document RequirementMandatory

Claim construction briefs must be served but not filed with the court.

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Document Type

Claim Construction Brief

Content & Formatting
Proposed Order
Legal Argument
Statement Of Facts
Page 10
|SecClaim Construction Issue Identification
Document RequirementMandatory

Summary judgment motions require 6-page concise statement of essential facts.

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

Document Type

Summary Judgment Motion

Content & Formatting
Concise Statement
Page 12
|SecCase Dispositive Motions
Page or Word LimitMandatory

Opposing party's response to concise statement limited to 6 pages.

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.

Page 13
|SecSummary Judgment Motion Procedures
Page or Word LimitMandatory

Opposing party may include separate concise statement limited to 4 pages.

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.

Page 13
|SecSummary Judgment Motion Procedures
Page or Word LimitMandatory

Moving party's reply response limited to 4 pages.

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.

Page 13
|SecSummary Judgment Motion Procedures
Page or Word LimitMandatory

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

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 13
|SecSummary Judgment Motion Procedures
Page or Word LimitMandatory

Daubert motions increase page limits to 50 pages for opening/answering briefs, 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 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 for each SIDE.

Page 13
|SecSummary Judgment Motion Procedures
Page or Word LimitMandatory

Total briefing limit of 250 pages for all case dispositive and Daubert motions across 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 14
|SecSummary Judgment Motion Procedures
Bundling PolicyMandatory

Motions in limine must be included in proposed pretrial order with page limits and combined submissions.

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 SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. 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. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Filing Strategy

Bundling Policy

Mandatory Bundling

Motions in limine must be included in proposed pretrial order, not separately filed

Applicable Motions
In Limine
Page or Word LimitMandatory

In limine requests limited to 3 per side, with 3-page support, 3-page opposition, 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 SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. 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. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Page or Word LimitMandatory

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

Unless otherwise ordered by the Court, all SIDES are limited 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, no matter how many such motions are filed.

Page 18
|SecPost-Trial Motions

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