Court Rules
About United States District Judge Maryellen Noreika

**District Judge Maryellen Noreika** was appointed to the District of Delaware by President Donald Trump in 2018. She was nominated on December 20, 2017, confirmed by the Senate on August 1, 2018, and received her commission on August 9, 2018, assuming her judicial role on August 10, 2018. She filled the seat vacated by Gregory M. Sleet. Prior to her appointment, Judge Noreika spent her entire legal career in private practice in Wilmington, Delaware from 1993 through 2018. **Education** - University of Pittsburgh School of Law, J.D., 1993 - Columbia University, M.A., 1990 - Lehigh University, B.S., 1988 **Career** - Private practice, Wilmington, DE (1993–2018)

**Courthouse:** J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 **Chambers:** Room 4324, Unit 19 **Courtroom:** 4A **Phone:** (302) 573-6470 **Chambers Staff** - Judicial Administrator/Civil Case Manager: (302) 573-4576 - Criminal Case Manager: (302) 573-6471 - Courtroom Deputy: (302) 573-6651 - Court Reporter: Dale Hawkins, (302) 450-6913 **Note:** Delaware is a major patent and corporate litigation court. The District of Delaware handles a disproportionately large share of the nation's patent cases and corporate disputes given Delaware's role as the leading state for corporate incorporation.

Common questions about Judge Maryellen Noreika's rules

Are courtesy copies required for Judge Maryellen Noreika?

Courtesy copies are required for briefs, appendixs, exhibits, declarations, and affidavits. Details: 2 copies, delivery upon filing. Two courtesy copies required for all briefs and supporting documents; must be double-sided.

View ruleSource: page 2, section Courtesy Copies

Does Judge Maryellen Noreika require a pre-motion conference or letter before filing a motion?

Judge Maryellen Noreika's rules set a pre-motion procedure for covered motions. 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.

View ruleSource: page 1, section STANDING ORDER

What page or word limits apply to claim construction brief before Judge Maryellen Noreika?

Judge Maryellen Noreika's rule states these limits: 20 pages; 30 pages; 20 pages; 10 pages. Claim construction briefs are limited to 20 pages (opening), 30 pages (answering), 20 pages (reply), and 10 pages (sur-reply).

View ruleSource: page 7, section Claim Construction Briefing

What page or word limits apply to summary judgment before Judge Maryellen Noreika?

Judge Maryellen Noreika's rule states these limits: 6 pages; 6 pages; 4 pages; 4 pages. 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.

View ruleSource: page 9, section Case Dispositive Motions

What formatting rules apply to filings before Judge Maryellen Noreika?

Judge Maryellen Noreika's formatting rule includes times new roman font, 12 point type and footnotes in these submissions must also be times new roman at least 12-point.. Specified filings and their footnotes must use Times New Roman at minimum 12-point font.

View ruleSource: page 1, section Font

What must be included with suppression motion response filings before Judge Maryellen Noreika?

The rule identifies required filing content or certificates. A U.S. response to a suppression motion must state whether an evidentiary hearing is required and explain that position when appropriate.

View ruleSource: page 1, section STANDING ORDER

What must be included with response filings before Judge Maryellen Noreika?

The rule requires position on evidentiary hearing. US response to suppression motions must state position on evidentiary hearing.

View ruleSource: page 1, section STANDING ORDER

How may parties contact Judge Maryellen Noreika's chambers?

Parties may contact Judge Maryellen Noreika's chambers by email only as allowed by the rule. The rule lists email diana_welham@ded.uscourts.gov. When amendment is by matter of course, counsel must email a PDF amended pleading to the judicial administrator at the specified address.

View ruleSource: page 2, section Unlabeled section (amended pleadings)

How does Judge Maryellen Noreika handle sealed or redacted filings?

Judge Maryellen Noreika's rules set procedures for sealed or redacted filings. Process: file redacted on ecf. Redacted version of sealed document must be filed electronically within 7 days of filing the sealed document.

View ruleSource: page 2, section Papers Filed Under Seal

How do I request an adjournment or extension before Judge Maryellen Noreika?

Judge Maryellen Noreika's rules specify what an adjournment or extension request must include. The request must include reason for request. Either party may request a change to the presumptive response/reply schedule upon a showing of good cause.

View ruleSource: page 1, section STANDING ORDER

Does Judge Maryellen Noreika require motion papers to be bundled?

Yes. Judge Maryellen Noreika requires bundling for covered papers. Individual claim construction briefs are served but not filed; parties must later file a single joint claim construction brief containing all positions.

View ruleSource: page 7, section Claim Construction Briefing

When is a filing treated as filed before Judge Maryellen Noreika?

The rule addresses filing timing, filing status, or cure windows. Proposed voir dire, jury instructions, and special verdict forms must be filed 7 calendar days before the Pretrial Conference.

View ruleSource: page 1, section STANDING ORDER
Complete rules summary for Judge Maryellen Noreika

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.

Either party may request a change to the presumptive response/reply schedule upon a showing of good cause.

A U.S. response to a suppression motion must state whether an evidentiary hearing is required and explain that position when appropriate.

Response to motions must be filed within 21 calendar days of filing.

Reply to motions must be filed within 10 calendar days of response.

Good cause allows alteration of the presumptive motion schedule.

US response to suppression motions must state position on evidentiary hearing.

Replies to motions are encouraged but not mandatory.

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.

All joint claim construction charts must follow the sample form posted on Judge Noreika's website.

Pretrial Orders must include a table of contents and numbered paragraphs.

Proposed voir dire, jury instructions, and special verdict forms must be filed 7 calendar days before the Pretrial Conference.

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

Two courtesy copies required for all briefs and supporting documents; must be double-sided.

Proposed protective order must include a specific paragraph regarding other proceedings.

Proposed protective order must be submitted within 10 days of entry of scheduling order.

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

Discovery motions and protective order disputes require a pre-motion conference and pre-motion letters (max 3 pages each) with specified deadlines.

Two courtesy copies required for discovery letters and supporting documents; must be double-sided; applies to sealed filings.

Motions to amend and motions to strike must follow the discovery dispute pre-motion procedure.

Motions to amend must attach proposed amended pleading and redline comparison; motions to strike must attach the document to be stricken.

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

Claim construction briefs are limited to 20 pages (opening), 30 pages (answering), 20 pages (reply), and 10 pages (sur-reply).

Joint claim construction brief exceeding 80 pages must include a certification of compliance with page limits and an explanation.

Joint claim construction brief must include a joint appendix containing the patent(s) and relevant intrinsic evidence.

Joint Claim Construction Chart must be submitted two weeks before the opening claim construction brief is served.

Joint Claim Construction Chart must identify disputed terms and proposed constructions with intrinsic evidence citations only; intrinsic evidence must not be attached.

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.

Individual claim construction briefs are served but not filed; parties must later file a single joint claim construction brief containing all positions.

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.

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