Judge Maryellen Noreika
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Appendix, Exhibit, Declaration, Affidavit
- 2 copies
Courtesy copies
- 1 copy • Email • Upon Filing
Discovery Letter, Exhibits, Appendices, Declarations, Affidavits
- 2 copies
Pretrial Order
- 2 copies
Communication
Chambers
Phone
Chambers
Page & Word Limits9 rules
Claim construction briefs are limited to 20 pages (opening), 30 pages (answering), 20 pages (reply), and 10 pages (sur-reply).
- 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 [DATE]. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on [DATE].
Summary judgment concise statement page limits: moving party statement max 6 pages, opposition response max 6 pages, opposing party additional statement max 4 pages, moving party reply response max 4 pages.
- Summary judgment statement
- Up to 6 pages
- Summary judgment response
- Up to 6 pages
- Summary judgment additional statement
- Up to 4 pages
- Summary judgment reply response
- Up to 4 pages
Court's wording
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. 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 (6) 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. 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. 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 (4) pages, on a paragraph-by-paragraph basis.
Per side page limits for case dispositive motions: 40 pages opening, 40 pages answering, 20 pages reply.
- 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
- Case dispositive motions
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.
If Daubert motions also filed, per side page limits increase to 50/50/25.
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.
Total briefing pages for both sides combined must not exceed 250 pages for case dispositive and Daubert motions.
- Brief
- Up to 250 pages in total
- Case dispositive motions
- Daubert motions
Court's wording
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.
In limine requests: support limited to 3 pages, opposition to 3 pages, reply to 1 page.
- 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 (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.
Post-trial motions: opening briefs limited to 20 pages, answering briefs to 20 pages, reply briefs to 10 pages per side.
- Opening brief
- Up to 20 pages
- Answering brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
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 that side, no matter how many such motions are filed.
When a page limit is set by order or rule, parties may use a word-count alternative calculated at 250 words per page.
- Word limit
- Up to 250 words
Court's wording
Where page limits are specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule.
Word count limit of 250 words per page when page limits are specified.
- Word limit
- Up to 250 words
Court's wording
Where page limits are specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.
Document Format Requirements10 rules
Specified filings and their footnotes must use Times New Roman at minimum 12-point font.
- Font
- Times New Roman
- Font size
- At least 12 points
- Pleading
- Motion
- Brief
- Claim construction chart
- Proposed order
- Letter
Court's wording
All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size.
Times New Roman font, 12-point minimum, required for all pleadings, motions, briefs, claim construction charts, proposed orders, and letters.
- Font
- Times New Roman
- Font size
- At least 12 points
Court's wording
All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size.
All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.
All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.
Formatting
- •Pre-marked exhibits
- •Prefix ptx dtx jtx
- •Civil action number
Non-hyperlinked cases: trial exhibits required within 1 week, double-sided, stapled/bound, in labeled folders, with electronic copy on labeled flash drive.
Court's wording
In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format: Double-sided; Stapled or bound; Each exhibit in its own file folder clearly labeled; and Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only
Double-sided; Stapled or bound; Each exhibit in its own file folder clearly labeled; and Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only
- Exhibits
Formatting
- •Double-sided
- •Stapled or bound
In patent cases, the Court would like to receive hyperlinked versions of the parties’ post- trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits.
All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.
If by matter of course, counsel shall email a PDF version of the amended pleading to the Court’s judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov.
- File type
- Amended pleading
For this Chambers, sealed envelopes are no longer required for courtesy copies of sealed civil filings, but counsel may still use sealed envelopes if they choose.
- Chambers copy
Formatting
- •Sealed envelopes remain optional at the discretion of counsel
Court's wording
THEREFORE, IT IS HEREBY ORDERED that, for this Chambers, effective immediately it is no longer required that courtesy copies of sealed civil filings be placed in sealed envelopes. Sealed courtesy copies may, however, be placed in sealed envelopes at the discretion of counsel.
Document Filing Requirements55 rules
US response to suppression motions must state position on evidentiary hearing.
Court's wording
Whenever the response of the United States is to a "suppression motion," the response shall include the position of the United States as to whether an evidentiary hearing is required and include the reasons for that position of the United States, if appropriate.
A U.S. response to a suppression motion must state whether an evidentiary hearing is required and explain that position when appropriate.
Court's wording
Whenever the response of the United States is to a "suppression motion," the response shall include the position of the United States as to whether an evidentiary hearing is required and include the reasons for that position of the United States, if appropriate.
Intrinsic evidence must not be attached to the joint claim construction chart; instead, a joint appendix containing the patent and intrinsic evidence must be filed with the joint claim construction brief.
Court's wording
1. 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;
All joint claim construction charts must follow the sample form posted on Judge Noreika's website.
Court's wording
2. All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart posted on Judge Noreika’s website, available at https://www.ded.uscourts.gov/sites/ded/files/chambers/Sample%20Joint%20Claim%20Chart.pdf.
All Pretrial Orders must contain a table of contents and the paragraphs set forth in the body of the Pretrial Order must be numbered;
- Document
- Pretrial order
Must include
- •Table of contents
Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken.
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.
- Document
- Submission
- Placement
- Certificate section
Must include
- •Word count
All Local Rule 7.1.1 Statements shall clearly state whether the opposing party consents to the motion or has indicated that it will be opposing the motion.
Mixed dispositive/non-dispositive motions must include a Local Rule 7.1.1 Statement for the non-dispositive portions.
Court's wording
In instances where a motion is filed seeking relief that is both dispositive and non- dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.
LR 7.1.1 Statement required for non-dispositive portions of mixed dispositive/non-dispositive motions.
Court's wording
In instances where a motion is filed seeking relief that is both dispositive and non- dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.
A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion.
Redlined version of amended pleadings must be provided to Court.
- Document
- Amended pleading
Must include
- •Redlined version
Court's wording
A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion. If by matter of course, counsel shall email a PDF version of the amended pleading to the Court's judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov. Otherwise, the redlined version shall be attached to the stipulation or motion.
Otherwise, the redlined version shall be attached to the stipulation or motion.
On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.
All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.
Pretrial order contains maximum deposition designations, counter-designations, and objections; no supplementation without approval or court leave.
- Document
- Pretrial order
Must include
- •Counter designations
- •Deposition designations
- •Objections to deposition testimony
Court's wording
The pretrial order contains the maximum universe of deposition designations, counter- designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.
The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. Witness 2. Judge 3. Law Clerk 4. Court Reporter
On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.
- Document
- Trial exhibit list
Must include
- •Exhibit list
Unresolved deposition objections must be submitted 2 calendar days before witness testimony with highlighted deposition and cover letter.
- Document
- Deposition objections
Must include
- •Copy of entire deposition testimony
- •Offering partys response to objection
- •Cover letter identifying pending objections
Court's wording
If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.
Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing.
All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.
For unresolved deposition objections, the offering party must submit highlighted deposition excerpts and a cover letter at least two calendar days before the witness is called.
Court's wording
Counsel shall confer prior to trial to determine what testimony will be offered by deposition. If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.
Non-compliance with deposition procedures results in waiver of deposition testimony or objection.
Court's wording
Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.
The parties shall propose page limits for the proposed Findings of Fact in the pretrial order.
- Document
- Pretrial order
Must include
- •Page limits for proposed findings of fact
shall provide the Court with two copies of the transcript of the designations and counter- designations that will be read or played. An additional copy shall be provided to the court reporter.
- Document
- Transcript of designations
Must include
- •Two copies for court
Only admitted trial exhibits may be relied upon in post-trial briefing.
Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)
Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.
- Document
- Post-trial briefing
Must include
- •Conform to d del LR 7.1 3
No appendices shall be submitted with post-trial briefs.
Examination of witnesses shall be limited to direct, cross and redirect.
Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.
shall provide the Court with two copies of the transcript of the designations and counter- designations that will be read or played. An additional copy shall be provided to the court reporter.
Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)
Proposed Findings of Fact required with initial brief, separately stated in numbered paragraphs with record citations.
- Document
- Proposed findings of fact
Must include
- •Citations to record
- •Simple narrative form
- •Separately stated in numbered paragraphs
- •Detailed listing of relevant material facts
Court's wording
Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.
Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.
No appendices shall be submitted with post-trial briefs.
Each party must file proposed findings of fact with the initial brief in numbered paragraphs with record citations.
Court's wording
Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.
Only admitted trial exhibits may be relied upon in post-trial briefing.
- Document
- Post-trial briefing
Include
- •Only admitted trial exhibits
In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:
Proposed protective order must include a specific 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.
Joint claim construction brief must include a joint appendix containing the patent(s) and relevant intrinsic evidence.
Court's wording
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.
Joint claim construction brief exceeding 80 pages must include a certification of compliance with page limits and an explanation.
Court's wording
If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits (or equivalent word counts) in the Scheduling Order have been complied with and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms) as to why the brief is longer than 80 pages.
Parties must submit a joint letter by the date the joint claim construction brief is filed, indicating whether they request testimony and the time allocation for the hearing.
Court's wording
The parties shall notify the Court, by joint letter submission, no later than the date on which their joint claim construction brief is filed: (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.
Opposition response must admit or dispute each fact paragraph-by-paragraph with citations.
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 (6) 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.
Each fact shall 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 (4) pages, on a paragraph-by-paragraph basis.
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
Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.
If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the proposed pretrial order.
Filing & Service rules
Filing Timing and Cure Windows
Proposed voir dire, jury instructions, and special verdict forms must be filed 7 calendar days before the Pretrial Conference.
The proposed voir dire, preliminary jury instructions, final jury instructions, and special verdict forms must be filed seven (7) days before the Pretrial Conference;
Civil cases
Page 1 | STANDING 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 (10) 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 (10) days from the date the Court enters this Order.
Civil cases
Page 2 | Application to Court for Protective Order
Redacted version of sealed document must be filed electronically within 7 days of filing sealed document.
a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 2 | Papers Filed Under Seal
The parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.
The parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.
Civil cases
Page 7 | Claim Construction Briefing
Rule 56 motions cannot be filed more than 10 days before the dispositive motion deadline without court leave.
No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.
Civil cases
Page 9 | Case Dispositive Motions
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven (7) business days before the final pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven (7) business days before the final pretrial conference.
Civil cases
Page 12 | Jury Instructions, Voir Dire, and Special Verdict Forms
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 (7) days before the pretrial conference.
Civil cases
Page 12 | Pretrial Conference
Within 7 days after jury verdict, parties must jointly submit a form of judgment and a joint status report.
Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict. At the same time, the parties shall submit 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 12 | Judgment on Verdict and Post-Trial Status Report
Technology tutorials, if filed, must be submitted on or before the Joint Claim Construction Brief filing date.
Although technology tutorials are not required by the Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed.
Civil cases
Page 6 | Technology Tutorials
Courtesy Copy Requirements
Two courtesy copies required for all briefs and supporting documents; must be double-sided.
The parties shall provide to the Court two (2) courtesy copies of all 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. All courtesy copies shall be double-sided.
Civil cases
Page 2 | Courtesy Copies
Two courtesy copies required for discovery letters and supporting documents; must be double-sided; applies to sealed filings.
The parties shall provide to the Court two (2) courtesy copies of its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to mn_civil@ded.uscourts.gov.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to mn_civil@ded.uscourts.gov.
Civil cases
Page 12 | Jury Instructions, Voir Dire, and Special Verdict Forms
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 (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 12 | Pretrial Conference
Sealing & Redaction Procedures
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 Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 2 | Papers Filed Under Seal
Sealed envelopes for courtesy copies optional at counsel's discretion.
Sealed courtesy copies may, however, be placed in sealed envelopes at the discretion of counsel.
Civil cases
Page 1 | STANDING ORDER
Sealed courtesy copies no longer required in sealed envelopes.
IT IS HEREBY ORDERED that, for this Chambers, effective immediately it is no longer required that courtesy copies of sealed civil filings be placed in sealed envelopes.
Civil cases
Page 1 | STANDING ORDER
Filing Bundling Requirements
Individual claim construction briefs are served but not filed; parties must later file a single joint claim construction brief containing all positions.
No later than [DATE], the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Civil cases
Page 7 | Claim Construction Briefing
Motions in limine must not be filed separately; they must be included in the proposed pretrial order.
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 | Motions in Limine
All exhibits e-filed in Judge Noreika's cases must be grouped into one PDF when possible, or into as few PDFs as possible if the single PDF is too large.
all exhibits e-filed in a case assigned to Judge Noreika, under seal or publicly, as part of a brief, appendix, declaration, or otherwise, shall be, when possible, grouped together into one PDF for filing. To the extent a single PDF is too large for filing, the exhibits shall be grouped into as few PDFs as possible.
Civil cases
Page 1 | STANDING ORDER REGARDING FILING OF EXHIBITS IN CIVIL MATTERS
Pre-Motion Conference Requirements
Absent a case-specific order, responses to pre-trial or post-trial motions are due in 21 calendar days, and any reply is due 10 calendar days after the response.
Whenever a pre-trial or post-trial motion is filed and there is no case-specific Court Order establishing a timetable for a response, the opposing party shall file a response no later than twenty-one (21) calendar days from the date that the motion was filed. A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed;
Criminal cases
Page 1 | STANDING ORDER
Response to motions must be filed within 21 calendar days of filing.
Whenever a pre-trial or post-trial motion is filed and there is no case-specific Court Order establishing a timetable for a response, the opposing party shall file a response no later than twenty-one (21) calendar days from the date that the motion was filed.
Criminal cases
Page 1 | STANDING ORDER
A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed;
A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed;
Criminal cases
Page 1 | STANDING ORDER
Discovery motions and protective order disputes require a pre-motion conference and pre-motion letters (max 3 pages each) with specified deadlines.
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 a reasonable effort pursuant to Local Rule 7.1.1 that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court's Judicial Administrator to schedule an argument. On a date to be set by separate order, generally not less than four (4) days 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 not less than three (3) days prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.
Civil cases
Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend and motions to strike must follow the discovery dispute pre-motion procedure.
Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g) above.
Civil cases
Page 6 | Motions to Amend / Motions to Strike
Replies to motions are encouraged but not mandatory.
While a reply to a motion is not mandatory, this Court encourages them and finds them helpful.
Criminal cases
Page 1 | STANDING ORDER
Adjournment & Extension Requirements
Good cause allows alteration of the presumptive motion schedule.
For good cause shown, the United States or the Defendant may request an alteration to the presumptive schedule;
Criminal cases
Page 1 | STANDING ORDER
Either party may request a change to the presumptive response/reply schedule upon a showing of good cause.
For good cause shown, the United States or the Defendant may request an alteration to the presumptive schedule;
Criminal cases
Page 1 | STANDING ORDER
Chambers Communication Rules
Local counsel must be involved in all calls to Chambers.
Local counsel shall be involved on all calls to Chambers.
Civil cases
Page 1 | Telephone Calls to Chambers
When amendment is by matter of course, counsel must email a PDF amended pleading to the judicial administrator at the specified address.
If by matter of course, counsel shall email a PDF version of the amended pleading to the Court’s judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov.
Civil cases
Page 2 | Unlabeled section (amended pleadings)
All phone calls to Chambers must include local counsel.
Local counsel shall be involved on all calls to Chambers.
Civil cases
Page 1 | Telephone Calls to Chambers
Junior Lawyer Participation Incentives
Attorneys with fewer than 7 years of experience are encouraged to participate in proceedings.
The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice.
Civil cases
Page 1 | Opportunities for Newer Attorneys
The Court encourages attorneys with fewer than seven years of practice to participate in oral argument and trial proceedings, and welcomes notice when they will do so.
The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice.
Civil cases
Page 1 | Opportunities for Newer Attorneys