Court Rules
chief magistrate Judge
Verified Current1 month ago

Judge Mary Pat Thynge

Individual Rules, Standing Orders & Policies

District of Delaware

Limits & Logistics

Document Limits

Mediation Statement
20 pgs
Answering Brief
30 pgs
Reply Brief
20 pgs
Sur Reply Brief
10 pgs
Brief
30 pgs
In Limine Request
3 pgs
In Limine Response
3 pgs
In Limine Reply
1 pgs
Post Trial Motion
20 pgs
Letter
4 pgs
Claim Construction Brief
20 pgs
Document
30 pgs
Post Trial Brief
20 pgs

Courtesy Copies

Filings (Brief, Appendix, Exhibits)

Required

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

Required

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

Required

Filings (All filings)

Required

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

Required

Communication

Email

Chambers

SchedulingEmergenciesTechnical Issues
No Hours, Status Inquiries
Phone

Chambers

Scheduling
Advance Notice Required
Letter Ecf

Chambers

Scheduling
Advance Notice Required
No Status Inquiries
Letter Fax

Chambers

SchedulingTechnical Issues
Advance Notice Required
No Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationConferencesMemorandaLettersSettlementTypographyPage Limits

Detailed Drafting Rules

Communication ProtocolMandatory

In-person mediation conference scheduled with specific timing and location requirements.

An in-person mediation conference is scheduled for __day, ____ __, 2022 beginning at __:00 a.m. Eastern Time. All required participants (see ¶ 2) are to report at this time to Courtroom 2B and are to remain available until excused by the Court.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesTechnical Issues
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Counsel must notify Judge and law clerk by email if matter settles before mediation.

It is counsel’s responsibility to notify Judge Thynge by email, with a copy to the Judge’s law clerk, Daniel Taylor, should the matter settle prior to the mediation date.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 1
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Counsel must notify Judge and law clerk via joint email if mediation is cancelled.

Should the mediation be cancelled, counsel shall advise the Judge and her law clerk via joint email prior to ___day, ______ __, 2022.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Counsel must notify Judge and law clerk by 5:00 p.m. if switching to video/virtual format.

Should counsel and their clients wish to proceed in a video/virtual format, counsel shall advise the Judge and her law clerk on or before ___day, ______ __, 2022 at 5:00 p.m. in a single, joint email.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolImportant

Counsel must designate one person to send joint email for format changes.

Counsel shall determine who will be responsible for sending this joint email.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Plaintiff responsible for arranging joint video conference link.

Plaintiff shall arrange for a video conference link for a joint discussion line for the Judge and all counsel to use during the mediation session.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Plaintiff must arrange separate video link for private Judge discussions.

Plaintiff shall also arrange for a separate video conference link for private discussions with the Judge throughout the mediation session.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Defendants must arrange separate video link for private Judge discussions.

Defendants shall arrange for a separate video conference link for private discussions with the Judge throughout the mediation session.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Plaintiff counsel must email video links to Judge and law clerk by 5:00 p.m.

Counsel for Plaintiff shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor, the Joint video conference link and Plaintiff’s video conference link no later than and no earlier than ___day, ______ __, 2022 at 5:00 p.m. Eastern Time.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Defense counsel must email video link to Judge and law clerk by 5:00 p.m.

Counsel for Defendants shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor, the defense video conference link no later than and no earlier than ___day, ______ __, 2022 at 5:00 p.m. Eastern Time.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Communication ProtocolMandatory

Video conference emails must include links and joining instructions.

These emails shall include the links, along with instructions on how to join the video conference for each conference line.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Hours
    Business hours
  • Status Inquiries
Page 2
|SecMEDIATION CONFERENCE
Format RequirementMandatory

Mediation statements must be double-spaced, single-sided, 12-point font, 15-20 pages max, numbered

The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.

Typography
Font FamilyOther
Size12 pt
Line SpacingDouble
Required Format

Paper

Page 4
|SecCONFIDENTIAL MEDIATION STATEMENTS
Document RequirementNote

Mediation statements may include additional topics beyond the required sections, provided the page limit is complied with.

In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court.

Document Type

Mediation Statement

Content & Formatting
Caption
Judge Name
Case Number
Format RequirementMandatory

Mediation statements must be double-spaced, single-sided, 12-point font, maximum 15-20 pages, with numbered pages.

The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.

Applies When:Document Type Set Undefined
Typography
Size12 pt
Line SpacingDouble
Page 4
|SecCONFIDENTIAL MEDIATION STATEMENTS
Page or Word LimitMandatory

Mediation statements are limited to 15-20 pages.

The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages.

Page 4
|SecCONFIDENTIAL MEDIATION STATEMENTS
Document RequirementMandatory

Letter (max 4 pages, 12pt font, double-spaced) required 72 hours before discovery teleconference

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

Document Type

Letter

Content & Formatting
Page Count
Word Count
Ai Disclosure
Proposed Order
Certificate Of Service
Local Rule Certificate
Certificate Of Conference
Notice Of Electronic Filing
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Document RequirementMandatory

Opposition letter (max 4 pages, 12pt font, double-spaced) required 48 hours before discovery teleconference

Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.

Document Type

Letter

Content & Formatting
Page Count
Word Count
Ai Disclosure
Proposed Order
Certificate Of Service
Local Rule Certificate
Certificate Of Conference
Notice Of Electronic Filing
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Document RequirementNote

Participant list must be included on separate page, not counted toward page limit

Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.

Document Type

Letter

Content & Formatting
Caption
Judge Name
Page Count
Word Count
Case Number
Ai Disclosure
Proposed Order
Certificate Of Service
Local Rule Certificate
Certificate Of Conference
Notice Of Electronic Filing
Exhibit List
Legal Argument
Table Of Contents
Statement Of Facts
Table Of Authorities
Page 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Communication ProtocolMandatory

Telephonic Rule 16 status conference scheduled with specific coordination requirement

Status Conference. On ____________, 20__, the Court will hold a telephonic Rule 16 status conference with counsel beginning at ______ _.m. Plaintiff’s counsel shall coordinate the call to chambers.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    Plaintiff's counsel to coordinate
Page 8
|SecStatus Conference
Page or Word LimitMandatory

Defendant's answering brief limited to 30 pages.

Defendant shall serve, but not file, its answering brief, not to exceed 30 pages on ___________, 20__.

Page or Word LimitMandatory

Plaintiff's reply brief limited to 20 pages.

Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ___________,20__.

Page or Word LimitMandatory

Defendant's sur-reply brief limited to 10 pages.

Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ___________, 20__.

Page or Word LimitMandatory

Page limits for case dispositive and Daubert motions: 30 pages opening, 30 pages answering, 15 pages reply.

Page limits. Unless otherwise ordered by the Court, all sides are limited to a maximum of thirty (30) pages of opening briefs, thirty (30) pages of answering briefs, and fifteen (15) pages of reply briefs relating to any case dispositive and Daubert motions filed by a side, no matter how many such motions are filed.

Page 12
|SecPage limits
Document RequirementMandatory

Exhibits must be cited with specific page and line numbers (depositions require both page and line).

Detailed Citation Required. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.

Document Type

Brief

Content & Formatting
Detailed Citations
Page 12
|SecDetailed Citation Required
Page or Word LimitMandatory

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

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 (1) additional page in reply in support of its request.

Page 13
|SecIn limine requests
Page or Word LimitMandatory

In limine request responses 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 (3) pages of argument, and the side making the in limine request may add a maximum of one (1) additional page in reply in support of its request.

Page 13
|SecIn limine requests
Page or Word LimitMandatory

Post-trial motions limited to 20 pages for opening and answering briefs, 10 pages for reply briefs.

Unless otherwise ordered by the Court, all sides are limited to a maximum of twenty (20) pages of opening briefs, twenty (20) pages of answering briefs, and ten (10) pages of reply briefs relating to any post-trial motions filed by one side, no matter how many such motions are filed.

Page 14
|SecPost-Trial Motions
Page or Word LimitMandatory

Discovery conference letters are limited to 4 pages, double-spaced, 12-point font minimum.

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

Page or Word LimitNote

Participant list for discovery teleconference is excluded from the 4-page letter limit.

Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.

Page or Word LimitMandatory

Opposing party's discovery conference letter limited to 4 pages, double-spaced, 12-point font.

Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party's reason for its opposition and any proposed solutions.

Page or Word LimitMandatory

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

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

Page 10
|SecSCHEDULING ORDER [PATENT]
Page or Word LimitMandatory

Page limits for case dispositive and Daubert motion briefs: 30 pages for opening and answering briefs, 15 pages for reply briefs, aggregated per side regardless of number of motions.

Unless otherwise ordered by the Court, all sides are limited to a maximum of thirty (30) pages of opening briefs, thirty (30) pages of answering briefs, and fifteen (15) pages of reply briefs relating to any case dispositive and Daubert motions filed by a side, no matter how many such motions are filed.

Document RequirementMandatory

Briefs must cite specific pages of exhibits; deposition citations must include page and line numbers.

Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.

Document Type

Brief

Specific requirements detailed in rule text.
Bundling PolicyMandatory

Briefing for multiple case dispositive and Daubert motions must be consolidated within aggregate page limits per side.

Unless otherwise ordered by the Court, all sides are limited to a maximum of thirty (30) pages of opening briefs, thirty (30) pages of answering briefs, and fifteen (15) pages of reply briefs relating to any case dispositive and Daubert motions filed by a side, no matter how many such motions are filed.

Filing Strategy

Bundling Policy

Mandatory Bundling

Briefing for multiple case dispositive and Daubert motions must be consolidated within aggregate page limits (30 pages opening, 30 pages answering, 15 pages reply) regardless of how many motions are filed by a side.

Applicable Motions
Case Dispositive Motion
Daubert
Page or Word LimitMandatory

In limine requests limited to 3 per party with strict page limits: 3 pages support, 3 pages opposition, 1 page reply; multiple parties must combine submissions.

Each party 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 (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.

Page or Word LimitMandatory

Post-trial motion briefs limited to 20 pages opening, 20 pages answering, and 10 pages reply regardless of number of motions.

Unless otherwise ordered by the Court, all sides are limited to a maximum of twenty (20) pages of opening briefs, twenty (20) pages of answering briefs, and ten (10) pages of reply briefs relating to any post-trial motions filed by one side, no matter how many such motions are filed.

Pre-Motion ProcedureMandatory

Letter filing deadline: 72 hours before conference, max 4 pages, double-spaced, 12pt font

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length4 pgs
Pre-Motion ProcedureMandatory

Opposition letter deadline: 48 hours before conference, max 4 pages, double-spaced, 12pt font

Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.

Pre-Motion Conference

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

Letter Requirements

Status
Required
Max Length4 pgs
Document RequirementNote

Participant list must be included on separate page, not counted toward page limit

Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.

Document Type

Pre Motion Letter

Content & Formatting
Participant List
Page or Word LimitMandatory

Moving party's pre-conference letter is limited to 4 pages, double-spaced, 12-point font, due 72 hours before conference.

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

Page or Word LimitMandatory

Opposing party's pre-conference letter is limited to 4 pages, double-spaced, 12-point font, due 48 hours before conference.

Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party's reason for its opposition and any proposed solutions.

Page or Word LimitNote

Teleconference participant list is excluded from the 4-page letter limit.

Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.

Communication ProtocolMandatory

ADR/mediation communications must not be e-filed or docketed; follow Magistrate Judge's designated procedures.

IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to be e-filed or docketed.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    as designated or ordered by the Magistrate Judge
Prohibited
  • Status Inquiries
Page 1
|SecADR Communication Filing Restrictions
Communication ProtocolMandatory

ADR-related communications and mediation statements must not be e-filed or docketed; parties must communicate as designated by the Magistrate Judge.

IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to be e-filed or docketed.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    Communications regarding ADR/mediation process must be made as designated or ordered by the Magistrate Judge; e-filing and docketing of such communications is prohibited
Prohibited
  • Status Inquiries
Page 1
|SecSTANDING ORDER

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