Court Rules

District of Delaware Filing Timing and Cure Windows

17 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to District of Delaware; use the court rules overview to switch categories without leaving this court.

Bankruptcy Brendan L. ShannondedCRITICAL

Revised proposed orders must be provided to the Court at least one hour before the scheduled hearing.

Source text: If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion (or any subsequently revised form of order filed on the docket), counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least one hour prior to the hearing.

Bankruptcy Craig T. GoldblattdedCRITICAL

Responses to letters or motions in discovery/administration matters must be filed by noon two days before the hearing.

Source text: Any response to a letter or motion must be filed no later than at noon, two days before the hearing.

Bankruptcy Craig T. GoldblattdedCRITICAL

Witness and exhibit lists must be filed at least 48 hours before the hearing at which witnesses will be called or exhibits introduced.

Source text: If parties intend to call witnesses and/or introduce exhibits at a hearing, they must file a witness and exhibit list at least 48 hours before the hearing.

Bankruptcy Laurie Selber SilversteindedCRITICAL

Opposing parties in discovery disputes must submit response letters no later than 48 hours after receiving the moving party's letter.

Source text: Any party opposing the request for relief shall respond by letter, not to exceed five (5) pages in length, in like fashion, no later than 48 hours following receipt of the moving party’s letter.

Bankruptcy Laurie Selber SilversteindedCRITICAL

Hearing agendas must be filed on or before 12:00 PM Eastern Time two business days prior to the hearing.

Source text: The link will be provided on the hearing agenda, which will be filed on or before 12:00 PM (prevailing Eastern Time) two (2) business days prior to the hearing.

Bankruptcy Laurie Selber SilversteindedCRITICAL

Remote appearance registration must be completed by 4:00 PM Eastern Time the business day prior to the hearing, unless otherwise noticed.

Source text: The deadline to register for remote appearance is 4:00 PM (prevailing Eastern Time) the business day before the hearing unless otherwise noticed.

Bankruptcy Thomas M. HorandedCRITICAL

Zoom hearing registration required by 4:00 p.m. business day prior, or 1 hour prior for emergency/first day hearings.

Source text: When an individual will participate remotely over Zoom, participants are required to register for the hearing no later than 4:00 p.m. (Eastern time) the business day prior to the scheduled hearing by using the eCourtAppearances tool. The deadline to register for first day and emergency hearings is one hour prior to the hearing.

Bankruptcy Thomas M. HorandedCRITICAL

Plan confirmation documents must be filed and served by 4:00 p.m. Eastern three business days before the hearing.

Source text: Except as may otherwise be ordered, any proposed order confirming a plan, any brief in support of plan confirmation, and any other document or pleading that a plan proponent may wish to have considered at or in connection with a plan confirmation hearing must be filed and served by no later than 4:00 p.m. (Eastern time) three business days before the plan confirmation hearing.

Bankruptcy Thomas M. HorandedCRITICAL

Witness and exhibit lists must be filed by 4:00 p.m. Eastern three business days before a hearing.

Source text: If parties intend to call witnesses and/or introduce exhibits at a hearing, they must file a witness and exhibit list by no later than 4:00 p.m. (Eastern time) three business days before the hearing.

Bankruptcy Thomas M. HorandedCRITICAL

Requests for remote witness participation must be emailed to chambers by 4:00 p.m. Eastern three business days before the hearing with explanation.

Source text: All requests for remote participation by witnesses must be emailed to chambers (copying all affected parties) by no later than 4:00 p.m. (Eastern time) three business days prior to the hearing and explain why the extraordinary relief of permitting a witness to appear by Zoom should be granted.

Bankruptcy Thomas M. HorandedCRITICAL

Agendas must be filed and emailed to chambers by noon Eastern two days before the hearing.

Source text: Agendas must be filed and e-mailed to chambers by noon (Eastern time) two days before the scheduled hearing.

Bankruptcy Thomas M. HorandedCRITICAL

Registration for remote participation is required by 4:00 p.m. Eastern the business day before the hearing, or one hour prior for first day hearings.

Source text: Registration is required by 4:00 p.m. (Eastern time) the business day before [or, for a first day hearing, one-hour prior to] the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court's website.

Bankruptcy Thomas M. HorandedCRITICAL

Two weeks before a fee application hearing, provide chambers with a consolidated searchable PDF electronic binder and a hard copy fee binder.

Source text: No later than the date that is two weeks prior to the fee application hearing, please provide chambers with (i) a single consolidated electronic binder (in a searchable PDF file) containing copies of all fee applications under consideration, including supporting documentation such as individual monthly fee applications; and (ii) a hard copy of the fee binder.

Bankruptcy Thomas M. HorandedCRITICAL

Responses to letters or motions must be filed by noon two days before the scheduled hearing.

Source text: Any response to a letter or motion must be filed no later than at noon, two days before the hearing.

Bankruptcy Thomas M. HorandedWARNING

Unexplained delays in filing agendas or submitting hearing binders may result in hearing delay or rescheduling.

Source text: If there is an unexplained delay in filing the agenda and submitting hearing binders, the hearing may be delayed or rescheduled.

Bankruptcy Thomas M. HorandedINFO

Hearings on discovery-related letters are typically scheduled no less than 10 days after filing, absent an emergency.

Source text: Absent an emergency that would warrant shorter notice, such a hearing will typically be set no less than ten days after the filing of the letter.

Bankruptcy Thomas M. HorandedINFO

Parties are encouraged to submit a redline of agreed changes to a proposed order 1 hour before the start of the hearing, where possible.

Source text: If the parties reach an agreement on changes to a proposed order in advance of a hearing, the parties are encouraged to submit a redline showing those changes, where possible, one hour before the start of the hearing.

Common questions about District of Delaware filing timing and cure windows rules

When is a filing treated as filed in District of Delaware?

The rule addresses filing timing, filing status, or cure windows. Zoom hearing registration required by 4:00 p.m. business day prior, or 1 hour prior for emergency/first day hearings.

View ruleSource: page 2, section Scheduling and Hearing Procedures

When is a filing treated as filed in District of Delaware?

The rule states that filing is treated as not specified. Witness and exhibit lists must be filed at least 48 hours before the hearing at which witnesses will be called or exhibits introduced.

View ruleSource: page 4, section Witnesses and Exhibits