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Court Rules
Magistrate Judge

Judge Laura D. Hatcher

Individual Rules, Standing Orders & Policies

District of Delaware

Limits & Logistics

Document Limits

Motion in Limine
3 pgs
Concise Statement of Facts
6 pgs
Claim Construction Brief
20 pgs
Post Trial Motion Brief
20 pgs
Letter
3 pgs
Statement of Facts
4 pgs

Courtesy Copies

Courtesy copies

  • Within One Hour

Letter, Brief, Appendix

  • 2 copies

Letter, Brief, Exhibits, Declaration, Affidavit

  • 2 copies

Pretrial Order

  • 2 copies

Communication

Email

Chambers

idh_civil@ded.uscourts.gov
Email

Chambers

ldh_civil@ded.uscourts.gov
Filters:

Page & Word Limits15 rules

Page LimitsMandatoryCivil cases

Opposition letters in discovery disputes are limited to 3 pages and must use 12-point font.

Letter
Up to 3 pages
Format
12-point

Court's wording

less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Page LimitsMandatoryCivil cases

Claim construction briefs have page limits: opening 20 pages, answering 30 pages, reply 20 pages, sur-reply 10 pages. Briefs are served but not filed until the joint brief is filed.

Opening brief
Up to 20 pages
Answering brief
Up to 30 pages
Reply brief
Up to 20 pages
sur-reply brief
Up to 10 pages

Court's wording

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ________, 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ________, 202_.

Page LimitsMandatoryCivil cases

Concise statement of facts for summary judgment is limited to 6 pages.

Concise statement of facts
Up to 6 pages

Court's wording

Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six 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 as to which the moving party contends there is no genuine issue to be tried.

Page LimitsMandatoryCivil cases

Response to concise statement is limited to 6 pages.

Response to concise statement
Up to 6 pages

Court's wording

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

Page LimitsMandatoryCivil cases

Case dispositive plus Daubert motions: 50 pages opening, 50 pages answering, 25 pages reply per side.

Court's wording

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 LimitsMandatoryCivil cases

Opposing party's statement of facts limited to 4 pages.

Opposition
Up to 4 pages

Court's wording

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

Page LimitsMandatoryCivil cases

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

Reply
Up to 4 pages
Page LimitsMandatoryCivil cases

Case dispositive motions: 40 pages opening, 40 pages answering, 20 pages reply per side.

Opening brief
Up to 40 pages in total per side
Answering brief
Up to 40 pages in total per side
Reply brief
Up to 20 pages in total

Court's wording

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 LimitsMandatoryCivil cases

In limine argument: 3 pages support, 3 pages opposition, 1 page reply.

In limine support
Up to 3 pages
In limine opposition
Up to 3 pages

Court's wording

each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one additional page in reply in support of its request.

Page LimitsMandatoryCivil cases

Multiple parties supporting/opposing an in limine request must combine into a single 3-page submission (or 1-page reply).

Court's wording

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, if the moving party, a single one-page reply), unless otherwise ordered by the Court.

Page LimitsMandatoryCivil cases

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

Opening brief
Up to 20 pages
Answering brief
Up to 20 pages
Reply brief
Up to 10 pages
Applies to
  • Post-trial motions

Court's wording

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 the side, no matter how many such motions are filed.

Page LimitsMandatoryCivil cases

Pre-motion letters for discovery disputes are limited to 3 pages each for moving and opposing parties.

Letter
Up to 3 pages

Court's wording

the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. ... any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Judge Hatcher Scheduling Order - Non Patent · p. 6
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsMandatoryCivil cases

Summary judgment concise statements limited to 6 pages for moving statement and opposition response, 4 pages for opposition additional statement and reply.

Summary judgment moving concise statement
Up to 6 pages
Summary judgment opposition response
Up to 6 pages
Summary judgment opposition additional statement
Up to 4 pages
Summary judgment reply concise statement
Up to 4 pages

Court's wording

Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six 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 as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.

Page LimitsMandatoryCivil cases

Motions in limine support limited to 3 pages, opposition 3 pages, reply 1 page; combined submissions for multiple parties limited similarly.

In limine support
Up to 3 pages
In limine opposition
Up to 3 pages

Court's wording

each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side 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, if the moving party, a single one-page reply), unless otherwise ordered by the Court.

Page LimitsImportantCivil cases

Each side shall be limited to three in limine requests, unless otherwise permitted by the Court.

Page limit
Up to 3 pages per side

Document Format Requirements9 rules

FormattingImportantCivil cases

courtesy copies shall be double-sided.

Applies to
  • Chambers copy

Formatting

  • Double-sided
FormattingImportantCivil cases

Pre-motion letters must be in 12-point font.

Font size
12 points
Applies to
  • Letter

Court's wording

the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. ... any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Judge Hatcher Scheduling Order - Non Patent · p. 6
|SectionDiscovery Matters and Disputes Relating to Protective Orders
FormattingImportantCivil cases

The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at ldh_civil@ded.uscourts.gov.

File type
Word
FormattingNoteCivil cases

Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.

Applies to
  • Exhibits

Formatting

  • Excerpt voluminous documents
FormattingNoteCivil cases

Exhibits and attachments shall be separated by tabs.

FormattingNoteCivil cases

The parties should highlight the portions of the exhibits and attachments that they wish the Court to read.

Applies to
  • Exhibits

Formatting

  • Highlight relevant portions
FormattingNoteCivil cases

in 12-point font

Font size
12 points
Judge Hatcher Prosposed Scheduling Order - Patent Cases · p. 6
|SectionDiscovery Matters and Disputes Relating to Protective Orders
FormattingNoteCivil cases

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

File type
Word
FormattingImportantCivil cases

The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov.

File type
Word
Applies to
  • Claim construction chart
Judge Hatcher Prosposed Scheduling Order - Patent Cases · p. 7
|Section10. Claim Construction Issue Identification

Document Filing Requirements23 rules

Filing RequirementsMandatoryCivil cases

Pre-motion letter must include a proposed order and exhibits containing disputed discovery requests and responses.

Must include

  • Proposed order

Court's wording

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Judge Hatcher Prosposed Scheduling Order - Patent Cases · p. 6
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsMandatoryCivil cases

Parties must submit a joint letter by the claim construction brief due date, stating whether they request testimony, time allocation, and order of presenting terms.

Court's wording

The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Filing RequirementsMandatoryCivil cases

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

Filing RequirementsMandatoryCivil cases

Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.

Filing RequirementsMandatoryCivil cases

At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Filing RequirementsMandatoryCivil cases

Any proposed protective order must include a paragraph regarding other proceedings.

Court's wording

Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Judge Hatcher Scheduling Order - Non Patent · p. 1
|Section3. Application to Court for Protective Order
Filing RequirementsMandatoryCivil cases

Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.

Judge Hatcher Scheduling Order - Non Patent · p. 6
|SectionMotions to Amend or Strike
Filing RequirementsMandatoryCivil cases

Any motion to strike shall attach the document sought to be stricken.

Judge Hatcher Scheduling Order - Non Patent · p. 6
|SectionMotions to Amend or Strike
Filing RequirementsMandatoryCivil cases

Pre-motion letters must include a proposed order and copies of disputed discovery requests and responses.

Must include

  • Proposed order

Court's wording

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Judge Hatcher Scheduling Order - Non Patent · p. 6
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsMandatoryCivil cases

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

Filing RequirementsImportantCivil cases

Intrinsic evidence must not be attached to the Joint Claim Construction Chart; it must be included in a joint appendix with the brief.

Court's wording

Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties' briefing.

Judge Hatcher Prosposed Scheduling Order - Patent Cases · p. 8
|Section10. Claim Construction Issue Identification
Filing RequirementsImportantCivil cases

Response to concise statement must respond paragraph-by-paragraph with record citations; failure to respond admits fact.

Court's wording

Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.

Filing RequirementsImportantCivil cases

Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Filing RequirementsImportantCivil cases

Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Filing RequirementsImportantCivil cases

Where a case is to be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms

Judge Hatcher Prosposed Scheduling Order - Patent Cases · p. 12
|Section8. Jury Instructions, Voir Dire, and Special Verdict Forms
Filing RequirementsImportantCivil cases

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Document
Pretrial order

Must include

  • Table of contents
Filing RequirementsImportantCivil cases

Opposition response must admit or dispute each fact on a paragraph-by-paragraph basis.

Court's wording

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

Filing RequirementsImportantCivil cases

Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Filing RequirementsImportantCivil cases

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

Filing RequirementsImportantCivil cases

The in limine request and any response shall contain the authorities relied upon;

Document
Motion in limine

Must include

  • Authorities relied upon
Filing RequirementsNoteCivil cases

On ________, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.

Filing RequirementsNoteCivil cases

Each side shall be limited to three in limine requests, unless otherwise permitted by the Court.

Filing RequirementsNoteCivil cases

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Document
Pretrial order

Must include

  • Table of contents

Filing & Service rules

Filing Timing and Cure Windows

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Civil cases

Page 1 | Application to Court for Protective Order

A redacted version of any sealed document must be filed electronically within 7 days of the sealed filing.

In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

Motion for sealing/redaction of transcript must be filed promptly after transcript completion.

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction

Civil cases

Page 2 | Papers Filed Under Seal

Pre-motion letter must be filed at least 72 hours before the conference, excluding weekends and holidays.

On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Technology tutorials must be submitted on or before the date the Joint Claim Construction Brief is filed.

Technology tutorials shall be submitted on or before the date that the Joint Claim Construction Brief is filed.

Civil cases

Page 7 | 9. Technology Tutorials

less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Civil cases

Page 7 | Discovery Dispute Procedure

The Joint Claim Construction Brief must be filed by a specified date.

No later than ________, 202_, the parties shall file a Joint Claim Construction Brief.

Civil cases

Page 8 | 11. Claim Construction Briefing

Parties must supplement identification of accused products and invalidity references by the specified date, unless otherwise agreed and approved.

Absent agreement among the parties, and approval of the Court, no later than [date], the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.

Civil cases

Page 10 | Supplementation

Case dispositive motions and supporting documents must be filed by the specified deadline; Rule 56 motions cannot be filed more than 10 days before that deadline without leave.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [date]. Briefing shall be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Civil cases

Page 10 | Case Dispositive Motions

Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures for Civil Cases not later than seven days before the pretrial conference.

Civil cases

Page 12 | 7. Pretrial Conference

Within seven days after verdict, parties must file a form of order and a joint status report.

Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict. At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Civil cases

Page 13 | Post-Trial Status Report

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

Civil cases

Page 13 | Pretrial Conference

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Civil cases

Page 1 | 3. Application to Court for Protective Order

Redacted version of sealed document must be filed electronically within 7 days of filing the sealed document.

In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Civil cases

Page 2 | 4. Papers and Proceedings Under Seal

Daubert motions must be filed by the dispositive motions deadline.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 5 | Objections to Expert Testimony

Case dispositive motions must be filed by a specified deadline; summary judgment motions cannot be filed more than 10 days before that deadline without court leave.

All case dispositive motions, opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before 2020_ [calculated so that briefing is completed approximately four months prior to the pretrial conference]. ... No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Civil cases

Page 7

the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the pretrial conference.

the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the pretrial conference.

Civil cases

Page 9

Joint proposed final pretrial order must be filed no later than seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.

Civil cases

Page 9

Service and Proof of Service Rules

Claim construction briefs must be served but not filed individually; they are later combined into a joint brief.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ________, 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ________, 202_.

Civil cases

Page 8 | 11. Claim Construction Briefing

Courtesy Copy Requirements

Courtesy copies must be submitted within one hour of e-filing.

Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5.

Civil cases

Page 7 | iv.

Two double-sided courtesy copies of the proposed final pretrial order and attachments must be provided to the Court.

The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Page 12 | 7. Pretrial Conference

Parties must provide two courtesy copies of all letters, briefs, and appendices to the Court.

The parties shall provide to the Court two courtesy copies of all letters, briefs, and any other document filed in support of any briefs (i.e., appendices,

Civil cases

Page 2 | 5. Courtesy Copies

Courtesy copies must be submitted within one hour of e-filing.

Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Two double-sided courtesy copies of the joint proposed final pretrial order and attachments must be provided to the Court.

The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Page 9

Parties must provide two courtesy copies of all letters, briefs, and supporting documents to the Court; also applies to sealed papers.

The parties shall provide to the Court two courtesy copies of all letters, briefs, and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

Civil cases

Page 2 | Courtesy Copies

Sealing & Redaction Procedures

Parties must seek leave of Court to file documents under seal unless a protective order is in place.

Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.

Civil cases

Page 2 | Papers Filed Under Seal

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Civil cases

Page 2 | Papers Filed Under Seal

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

Civil cases

Page 2 | 4. Papers and Proceedings Under Seal

Parties must seek leave of Court before filing any document under seal.

Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.

Civil cases

Page 2 | 4. Papers and Proceedings Under Seal

Filing Bundling Requirements

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

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Civil cases

Page 11 | 6. Motions in Limine

Separate briefing on in limine requests is prohibited.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 12 | 6. Motions in Limine

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

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Civil cases

Page 8

The parties must combine their individual claim construction briefs into a single joint 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.

Civil cases

Page 8 | 11. Claim Construction Briefing

Materials submitted in an appendix must be filed in a joint appendix.

If there are any materials that would be submitted in an appendix, the parties shall file them in a joint appendix.

Civil cases

Page 9 | Claim Construction

Pre-Motion Conference Requirements

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts — which must include verbal communication among Delaware and lead counsel for all parties to the dispute — that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' ... On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts — which must include verbal communication among Delaware and lead counsel for all parties to the dispute — that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' ... On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' The Court will thereafter order a telephone conference and deadlines for submissions.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' The Court will thereafter order a telephone conference and deadlines for submissions.

Civil cases

Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Motions to amend or strike must follow the discovery dispute procedure (pre-motion conference).

Any motion to amend (including a motion for leave to amend) a pleading, or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 6(g), above.

Civil cases

Page 6 | Motions to Amend or Strike

Chambers Communication Rules

The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at ldh_civil@ded.uscourts.gov.

The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at ldh_civil@ded.uscourts.gov.

Civil cases

Page 9

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

Civil cases

Page 13 | Pretrial Conference

The Joint Claim Construction Chart must be emailed to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov simultaneously with filing.

The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov.

Civil cases

Page 7 | 10. Claim Construction Issue Identification

About United States Magistrate Judge Laura D. Hatcher

Magistrate Judge Laura D. Hatcher has served as a full-time Magistrate Judge in the District of Delaware since May 1, 2023. She oversees the court's mediation program for civil cases and handles patent and non-patent scheduling matters.

The court's website does not provide biographical information, educational background, or career history prior to Judge Hatcher's appointment as Magistrate Judge.

Courthouse: J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 Chambers: Room 2124, Unit 8 Courtroom: 2B Phone: (302) 573-5865

Chambers Staff

  • Courtroom Deputy: Keith Kincaid

Note: Delaware is a major patent and corporate litigation court. Judge Hatcher manages scheduling orders and procedural forms for patent and non-patent cases, and oversees the court's mediation program for civil cases.

Common questions about Judge Laura D. Hatcher's rules

Are courtesy copies required for Judge Laura D. Hatcher?

Details: delivery within one hour. Courtesy copies must be submitted within one hour of e-filing.

View ruleSource: page 7, section iv.

Does Judge Laura D. Hatcher require a pre-motion conference or letter before filing a motion?

Motions to amend or strike must follow the discovery dispute procedure (pre-motion conference).

View ruleSource: page 6, section Motions to Amend or Strike

What page or word limits apply to motion in limine before Judge Laura D. Hatcher?

Judge Laura D. Hatcher's rule states these limits: attorney: 3 pages; attorney: 3 pages; attorney: 1 pages. In limine argument: 3 pages support, 3 pages opposition, 1 page reply.

View ruleSource: page 12, section 6. Motions in Limine

What page or word limits apply to concise statement of facts before Judge Laura D. Hatcher?

Judge Laura D. Hatcher's rule states these limits: 6 pages. Concise statement of facts for summary judgment is limited to 6 pages.

View ruleSource: page 10, section Case Dispositive Motions

What formatting rules apply to filings before Judge Laura D. Hatcher?

Judge Laura D. Hatcher's formatting rule includes double-sided. Courtesy copies must be double-sided.

View ruleSource: page 3, section Courtesy Copies

What must be included with non dispositive motion filings before Judge Laura D. Hatcher?

The rule requires certificate of conference. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

View ruleSource: page 11, section 5. Applications by Motion

What must be included with letter filings before Judge Laura D. Hatcher?

The rule requires proposed order and exhibit list. Pre-motion letter must include a proposed order and exhibits containing disputed discovery requests and responses.

View ruleSource: page 6, section Discovery Matters and Disputes Relating to Protective Orders

How may parties contact Judge Laura D. Hatcher's chambers?

The rule lists email ldh_civil@ded.uscourts.gov. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at ldh_civil@ded.uscourts.gov.

View ruleSource: page 9

How does Judge Laura D. Hatcher handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Laura D. Hatcher. Parties must seek leave of Court to file documents under seal unless a protective order is in place.

View ruleSource: page 2, section Papers Filed Under Seal

Does Judge Laura D. Hatcher require motion papers to be bundled?

Separate briefing on in limine requests is prohibited.

View ruleSource: page 12, section 6. Motions in Limine

What filing deadlines does Judge Laura D. Hatcher set?

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

View ruleSource: page 1, section Application to Court for Protective Order

What rule applies to service for claim construction brief before Judge Laura D. Hatcher?

Claim construction briefs must be served but not filed individually; they are later combined into a joint brief.

View ruleSource: page 8, section 11. Claim Construction Briefing
Complete rules summary for Judge Laura D. Hatcher

In limine argument: 3 pages support, 3 pages opposition, 1 page reply.

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

Parties must supplement identification of accused products and invalidity references by the specified date, unless otherwise agreed and approved.

Concise statement of facts for summary judgment is limited to 6 pages.

Multiple parties supporting/opposing an in limine request must combine into a single 3-page submission (or 1-page reply).

Parties must seek leave of Court to file documents under seal unless a protective order is in place.

Courtesy copies must be submitted within one hour of e-filing.

Courtesy copies must be double-sided.

The Joint Claim Construction Chart must be in Word format and emailed to chambers simultaneously with filing.

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Claim construction briefs have page limits: opening 20 pages, answering 30 pages, reply 20 pages, sur-reply 10 pages. Briefs are served but not filed until the joint brief is filed.

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

Concise statement of facts must have numbered paragraphs and record citations.

Separate briefing on in limine requests is prohibited.

Exhibits and attachments must be separated by tabs.

Parties should highlight relevant portions of exhibits and attachments.

Parties are encouraged to excerpt voluminous exhibits.

Technology tutorials must be submitted on or before the date the Joint Claim Construction Brief is filed.

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.

A redacted version of any sealed document must be filed electronically within 7 days of the sealed filing.

Motion for sealing/redaction of transcript must be filed promptly after transcript completion.

Parties must provide two courtesy copies of all letters, briefs, and supporting documents to the Court; also applies to sealed papers.

Pre-motion letter must include a proposed order and exhibits containing disputed discovery requests and responses.

Opposition letters in discovery disputes are limited to 3 pages and must use 12-point font.

less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Pre-motion letter must be filed at least 72 hours before the conference, excluding weekends and holidays.

Pre-motion letter must be in 12-point font.

The Joint Claim Construction Chart must be emailed to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov simultaneously with filing.

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