District of Delaware Adjournment & Extension Requirements

CRITICALCivil cases

Consensual adjournments of relief-from-stay motions require the debtor to make a mortgage payment by the payment deadline; otherwise the court may grant the motion upon certification.

Consensual adjournments of motions for relief from stay are conditioned upon the Debtor making a mortgage payment by this date. In the absence of the required payment, the Court will entertain an order granting the motion upon the filing of a certification of counsel.

CRITICALCivil cases

Before requesting a continuance of any matter, counsel should contact all interested parties and advise Chambers whether all parties agree or oppose the request.

Prior to requesting a continuance of any matter, counsel should contact all interested parties and advise Chambers if all parties agree or oppose the request.

CRITICALCivil cases

Continuances are prohibited for initial scheduling conferences in adversary proceedings.

Initial scheduling conferences in adversary proceedings cannot be continued.

CRITICALCivil cases

Extending the joint claim construction brief deadline will presumptively result in loss of the claim construction hearing date.

Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.

CRITICALCivil cases

Claim construction hearing: no testimony without prior approval, max 3 hours total.

Beginning at _ _ __ .m. on _ _ _ _ _ _ _ _ the Court will hear argument on claim construction. Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.

CRITICAL

Motions to join parties or amend pleadings must be filed by specified date.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE]. Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 8(g) and 9 below.

CRITICAL

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. If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 8(g) below.

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. If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 8(g) below.

CRITICAL

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. If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 8(g) below.

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. If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 8(g) below.

CRITICAL

Requests to exceed a page limit must be received at least seven days before the filing is due, emailed to Chambers with 'page limits' in the subject line, and reflect conferral with opposing counsel and state opposing counsel's position.

Judge Wolson must receive any request to exceed an applicable page limit at least seven days before the filing is due. Counsel may make such a request via letter emailed to Chambers with the words “page limits” in the subject line. Counsel making such a request should confer with opposing counsel and set forth opposing counsel’s position in the letter.

CRITICAL

Any request for an extension or continuance must be made at least seven (7) days before the applicable

Any request for an extension or continuance must be made at least seven (7) days before the applicable

CRITICAL

Sentencing continuances are discouraged and granted only for good cause.

Judge Wolson discourages requests for continuances of sentencing and will continue a sentencing for good cause only.

CRITICAL

Requests for continuances or extensions may be made by letter, which can be emailed to Chambers. Any request for a continuance or extension must include the words “request for continuance” or “request for extension,” as appropriate, in the subject line of the email. Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel’s position in the letter.

Requests for continuances or extensions may be made by letter, which can be emailed to Chambers. Any request for a continuance or extension must include the words “request for continuance” or “request for extension,” as appropriate, in the subject line of the email. Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel’s position in the letter.

CRITICAL

Sentencing continuances are only granted for good cause.

Sentencing will be continued for good cause only.

CRITICAL

Continuance requests in criminal cases must be filed 14 calendar days before trial, state reasons for request, include defendant-signed consent form and proposed order compliant with Speedy Trial Act; multiple requests may require in-person argument.

Any request for a continuance must be filed no later than fourteen (14) days in advance of the scheduled trial date. Requests for a continuance must be filed as a motion stating the reasons for the request. Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion. The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed finding explaining in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be required to appear in person to argue the matter.

WARNING

Extensions of time for responses/replies allowed without court permission but cannot extend past agenda filing deadline.

Parties are permitted, without leave of court, to grant extensions of time to file responses to, or replies in support of, motions and applications. However, such extensions may not extend past the deadline for filing an agenda for the hearing where such motion or application will be heard.

WARNINGCivil cases

If Daubert motion is denied and party doesn't cross-examine expert, trial time will be reduced.

If the Court denies a Daubert motion and the party that brought the motion does not cross examine the expert witness at trial about the matters raised in the Daubert motion, the Court will reduce by an appropriate amount the time allotted to that party at trial.

WARNINGCriminal cases

The United States may request an extension or alteration of the response deadline for good cause.

For good cause shown, the United States may request an alteration to the presumptive schedule;

WARNINGCriminal cases

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;

WARNINGCriminal cases

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;

WARNINGCriminal cases

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;

WARNINGCivil cases

Objections to expert reports must be raised within one week of submission.

If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report.

WARNINGCivil cases

Discovery-related extension requests for case dispositive motions must follow the discovery dispute letter procedure.

Disputes or issues regarding protective orders, or motions for extension of time for briefing case dispositive motions which are related to discovery matters are to be addressed in accordance with this paragraph.

WARNINGCivil cases

Requests to modify mediation attendance requirements must be made in writing to the Magistrate Judge with copies to all parties at least 14 days before the conference.

Any request to modify this requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference.

WARNING

Sentencing continuances exceeding 90 days are not considered absent extraordinary circumstances.

Absent extraordinary circumstances, Judge Wolson will not consider any request for a continuance exceeding 90 days.

WARNING

Requests to reschedule the Rule 16 conference must be made as early as possible and based on a pre-existing commitment.

If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference. However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.

WARNING

Continuances of court events are granted only in extreme circumstances; other extension requests require an appropriate showing of good cause.

Judge Wolson is reluctant to grant continuances of trial dates and other scheduled court events and will only do so in extreme circumstances. Judge Wolson will consider other requests for extensions on an appropriate showing of good cause.

CRITICALCivil cases

Rule 56 dispositive motions cannot be filed more than 10 days before the deadline without leave.

No case dispositive motion under Rule 56 may be filed more than ten days before this date without leave of the Court.

CRITICAL

After a 90-day continuance, counsel may jointly request an additional continuance in writing stating good cause; if granted, it is 45 days.

In the rare event of a 90-day continuance, if counsel for both the Government and the defendant(s) believe that good cause exists for an additional continuance beyond the initial 90-day period, then counsel may jointly request in writing an additional continuance. Any such request must state why good cause exists. If Judge Wolson grants 45 days until the sentencing hearing takes place.