Court Rules

District of Delaware Filing Timing and Cure Windows

137 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

Deadline
2 business days

Agendas must be filed and emailed, and hearing binders delivered, by noon ET two business days before hearing.

Agendas must be filed and e-mailed, and hearing binders delivered, to chambers by noon (Prevailing Eastern Time) two (2) business days before the scheduled hearing.

Bankruptcy J. Kate Stickles

CRITICALCivil cases

Deadline
1 business days

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

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

Bankruptcy Laurie Selber Silverstein

CRITICALCivil cases

Deadline
2 business days

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

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 Silverstein

CRITICAL

Deadline
3 business days

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

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. Horan

CRITICAL

Deadline
3 business days

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

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. Horan

CRITICAL

Deadline
1 business days

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.

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. Horan

CRITICAL

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

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

Bankruptcy Thomas M. Horan

CRITICAL

Deadline
1 business days

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.

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. Horan

CRITICAL

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

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

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

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

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

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

Deadline
3 business days

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

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. Horan

CRITICALCivil cases

Joint proposed final pretrial order must be filed by 5:00 p.m., 21 days before the pretrial conference.

The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _______________ [21 days before the pretrial conference].

Chief Judge Colm F. Connolly

CRITICAL

Statement must be filed within 45 days of this order or 30 days of initial pleading/transfer, whichever is later.

Within the later of 45 days of this Order or 30 days of the filing of an initial pleading or transfer of the matter to this District, including the removal of a state action, the party receiving such funding shall file a statement (separate from any pleading) containing the following information:

Chief Judge Colm F. Connolly

CRITICALCivil cases

Case dispositive motions must be filed by a specified date set in the scheduling order.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [DATE]

Judge Jennifer L. Hall

CRITICALCivil cases

Daubert motions in ANDA cases must be filed no later than 14 days after the close of expert discovery.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen days after the close of expert discovery, unless otherwise ordered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

Daubert motions in non-ANDA cases must be filed no later than the dispositive motion deadline.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

Parties must submit a joint letter by the date the Joint Claim Construction brief is filed, stating whether they request testimony and the time allocation requested.

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.

Judge Jennifer L. Hall

CRITICALCivil cases

Amended Joint Claim Construction Chart must be filed no earlier than three weeks before and no later than one week before the claim construction hearing.

No earlier than __________________, 20__ [no earlier than three weeks before the claim construction hearing and no later than one week before the claim construction hearing], Delaware and Lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended Joint Claim Construction Chart that sets forth all agreed-upon constructions and all terms that remain in dispute.

Judge Jennifer L. Hall

CRITICALCivil cases

Counsel must submit a joint letter with an interim status report on the nature of issues and discovery progress by a specified date.

On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.

Judge Jennifer L. Hall

CRITICALCivil cases

Parties must finally supplement identification of accused products and invalidity references by a specified date, absent agreement and court approval.

Absent agreement among the parties, and approval of the Court, no later than _______________, 20___, the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.

Judge Jennifer L. Hall

CRITICALCivil cases

Motions to join or amend pleadings must be filed by a date set in the order.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________, 20___.

Judge Jennifer L. Hall

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

Exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Provide exhibits for direct examination by 3:00 p.m. the day before their intended use.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Provide objections to demonstratives for opening statements by 12:00 noon the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Provide objections to exhibits by 7:30 p.m. the night before their intended use.

and objections will be provided no later than 7:30 p.m. the night before their intended use.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Provide demonstrative exhibits for direct examination by 3:00 p.m. the day before their intended use.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Deliver completed AO Form 187 exhibit list to Courtroom Deputy on or before the first day of trial.

On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Case dispositive motions must be filed by a specified deadline approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ [a date approximately four months prior to the pretrial conference].

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Deliver completed AO Form 187 exhibit list to Courtroom Deputy on or before the first day of trial.

On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Parties must supplement identification of accused products and invalidity references by the specified date, unless otherwise agreed and approved.

Absent agreement among the parties, and approval of the Court, no later than [date], the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

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

Technology tutorials shall be submitted on or before the date that the Joint Claim Construction Brief is filed.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Motion for sealing/redaction of transcript must be filed promptly after transcript completion.

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The Joint Claim Construction Brief must be filed by a specified date.

No later than ________, 202_, the parties shall file a Joint Claim Construction Brief.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Case dispositive motions and supporting documents must be filed by the specified deadline; Rule 56 motions cannot be filed more than 10 days before that deadline without leave.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [date]. Briefing shall be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

In bench trials, case dispositive motions require leave of court.

If the matter is scheduled for a bench trial, no case dispositive motions shall be filed without leave of the Court.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Case dispositive motions cannot be filed before the scheduled date without leave of court.

No case dispositive motion may be filed at a time before the date set forth in this paragraph without leave of the Court.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Exhibits for direct examination must be provided by 3:00 p.m. the day before use; objections must be provided by 7:30 p.m. the night before use.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Demonstrative exhibits for direct examination must be provided by 3:00 p.m. the day before use; objections due by 7:30 p.m. the night before use.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before; objections due by 12:00 noon the day before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements. The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before; objections due by 12:00 noon the day before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements. The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

Magistrate Judge Sherry R. Fallon

WARNINGProposed or draft document; may not be in force

Such a motion should be filed contemporaneously with the motion seeking the relief in question.

Such a motion should be filed contemporaneously with the motion seeking the relief in question.

Bankruptcy Thomas M. Horan

WARNINGCivil cases

Request to bring electronic equipment must be submitted by the mediation statement due date.

Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above).

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

Requests to bring electronic equipment to mediation must be submitted no later than the mediation statement due date.

Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above).

Magistrate Judge Sherry R. Fallon

INFOCivil cases

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.

Judge Maryellen Noreika

Filing deadlines

CRITICAL

Deadline
1 hours

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.

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 Brendan L. Shannon

CRITICAL

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

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

Bankruptcy Craig T. Goldblatt

CRITICAL

Deadline
48 hours

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

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 Craig T. Goldblatt

CRITICAL

Deadline
2 hours

If a movant intends to present a proposed order to the Court that contains revisions to the proposed order originally submitted with the pleading, counsel for the movant must endeavor to provide the Court the revised clean and redline form of order at least two (2) hours prior to the hearing.

If a movant intends to present a proposed order to the Court that contains revisions to the proposed order originally submitted with the pleading, counsel for the movant must endeavor to provide the Court the revised clean and redline form of order at least two (2) hours prior to the hearing.

Bankruptcy J. Kate Stickles

CRITICAL

Deadline
24 hours

Exhibits must be delivered to chambers at least 24 hours prior to proceeding.

Unless otherwise directed, the Court requires two (2) hard copies of each exhibit delivered to chambers at least twenty-four (24) hours prior to the start of the proceeding.

Bankruptcy J. Kate Stickles

CRITICAL

Deadline
48 hours

Opposition letter must be filed no later than 48 hours after receipt of moving party's letter.

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 forty-eight (48) hours following receipt of the moving party's letter.

Bankruptcy J. Kate Stickles

CRITICAL

Deadline
48 hours

Parties must file intention to call witnesses at least 48 hours prior to hearing.

If parties intend to call witnesses at a hearing, they must file their intention to do so at least forty-eight (48) hours prior to the hearing.

Bankruptcy J. Kate Stickles

CRITICALCivil cases

Deadline
48 hours

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

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 Silverstein

CRITICAL

Deadline
1 business days

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

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. Horan

CRITICAL

Deadline
3 business days

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

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. Horan

CRITICAL

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

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. Horan

CRITICAL

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

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

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

Deadline
24 hours

If an exhibit is not on the docket, counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

If an exhibit is not on the docket, counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

Bankruptcy Thomas M. Horan

CRITICAL

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

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. Horan

CRITICAL

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

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

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

Provide chambers with a consolidated electronic binder (searchable PDF) and hard copy of fee binder two weeks before the fee application hearing.

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. Horan

CRITICALProposed or draft document; may not be in force

Counsel cannot schedule a hearing requiring shortened notice until an order shortening time is entered.

Counsel may not set a motion for hearing, on a date that would require shortened notice, before an order shortening time is entered.

Bankruptcy Thomas M. Horan

CRITICALCivil cases

Deadline
48 hours

Opposition letter for discovery disputes must be filed 48 hours before the conference.

By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter

Chief Judge Colm F. Connolly

CRITICALCivil cases

Electronic version of sealed documents must be filed within seven days of the initial filing.

any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Initial disclosures must be made within five days of the scheduling order.

the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) within five days of the date of this Order.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Deadline
72 hours

Pre-motion letter for discovery disputes must be filed 72 hours before the conference.

by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter

Chief Judge Colm F. Connolly

CRITICALCivil cases

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 days from the date of 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 days from the date of this Order.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Parties must file a Joint Claim Construction Brief by a specified deadline.

No later than __________, the parties shall file a Joint Claim Construction Brief.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Certification of Diversity Jurisdiction must be filed within 14 days of initiating the case.

that the party shall file within 14 days of initiating the case in this Court a Certification of Diversity Jurisdiction

Chief Judge Colm F. Connolly

CRITICALCriminal cases

Deadline
21 calendar days

The United States must file a response to a defendant's pretrial motion within 21 calendar days unless a case-specific order sets a different timetable.

Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant’s motion was filed;

Judge Gregory B. Williams

CRITICALCivil cases

Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference.

Not later than seven (7) days before the pretrial conference, the parties shall file a joint proposed final pretrial order in compliance with Federal Rule of Civil Procedure 26(a)(3) and Local Rule 16.3(c) & (d)(4).

Judge Jennifer L. Hall

CRITICALCivil cases

Summary judgment motions cannot be filed more than 10 days before the dispositive motion deadline without court leave.

No case dispositive motion under Federal Rule of Civil Procedure 56 may be filed more than ten (10) days before the above date without leave of the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

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

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].

Judge Jennifer L. Hall

CRITICALCivil cases

Proposed voir dire, jury instructions, and special verdict forms must be filed at least 7 days before the final pretrial conference.

At least seven (7) days before the final pretrial conference, the parties shall file proposed voir dire, preliminary jury instructions, final jury instructions and special verdict forms pursuant to Local Rules 47.1(a)(2) and 51.1.

Judge Jennifer L. Hall

CRITICALCivil cases

Initial disclosures must be made within 5 days of the scheduling order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date this Order is entered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

Parties must make initial disclosures within 5 days of entry of scheduling order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.

Judge Jennifer L. Hall

CRITICALCivil cases

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 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 days from the date the Court enters this Order.

Judge Jennifer L. Hall

CRITICALCivil cases

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 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 days before the final pretrial conference.

Judge Jennifer L. Hall

CRITICALCivil cases

Parties must jointly submit a proposed judgment order within seven days after jury verdict.

Within seven 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.

Judge Jennifer L. Hall

CRITICALCivil cases

Deadline
72 hours

The party seeking relief must file their submission at least 72 hours (excluding weekends and holidays) before the discovery teleconference.

On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file

Judge Jennifer L. Hall

CRITICALCivil cases

Joint Claim Construction Chart must be filed two weeks prior to service of the opening claim construction brief.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed two weeks prior to service of the opening claim construction brief.

Judge Jennifer L. Hall

CRITICALCivil cases

Initial disclosures must be made within 5 days of the scheduling order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date this Order is entered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

Notice of IPR/PGR Event must be filed within seven days of specified events.

Any party asserting a patent must file a “Notice of IPR/PGR Event” within seven days of any of the following actions taken on that patent: petition for inter partes review/post grant review (regardless of whether a party filed the petition), institution decision, final written decision, appeal to the Federal Circuit, Federal Circuit decision.

Judge Jennifer L. Hall

CRITICALCivil cases

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 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 days before the final pretrial conference.

Judge Jennifer L. Hall

CRITICALCivil cases

Rule 56 motions may not be filed more than 10 days before the case dispositive motion deadline without leave of court.

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

Judge Jennifer L. Hall

CRITICALCivil cases

Joint proposed final pretrial order must be filed at least seven 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) not later than seven days before the pretrial conference.

Judge Jennifer L. Hall

CRITICALCivil cases

Redacted version of sealed documents must be filed 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 days of the filing of the sealed document.

Judge Jennifer L. Hall

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

Deadline
7 business days

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.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Judge Maryellen Noreika

CRITICALCivil cases

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;

Judge Maryellen Noreika

CRITICALCivil cases

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief.

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Opposition to a motion to amend must be filed within 7 days of the motion.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Opposition to a motion to amend must be filed within 7 days of the motion.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

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 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 days from the date the Court enters this Order.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

A redacted version of any sealed document must be filed electronically within 7 days of the sealed filing.

In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Deadline
48 hours

less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Deadline
72 hours

Pre-motion letter must be filed at least 72 hours before the conference, excluding weekends and holidays.

On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

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 days before the pretrial conference.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Within seven days after verdict, parties must file a form of order and a joint status report.

Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict. At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

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

a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Deadline
72 hours

Moving party's discovery teleconference letter must be filed at least 72 hours before the conference, excluding weekends and court holidays.

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

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Case dispositive motions must be filed by a date that ensures briefing is completed no later than four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 20__ [calculated so that briefing is completed no later than four months prior to the pretrial conference].

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

the parties should f ile joint proposed (i) voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms at least three (3) days, excluding weekends and Court holidays, before the pretrial conference.

the parties should f ile joint proposed (i) voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms at least three (3) days, excluding weekends and Court holidays, before the pretrial conference.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference and include a table of contents.

The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Deadline
48 hours

Opposing party's discovery teleconference letter must be filed at least 48 hours before the conference, excluding weekends and court holidays.

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

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference and include a table of contents.

The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Deadline
48 hours

Opposing party's discovery teleconference letter must be filed at least 48 hours before the conference, excluding weekends and court holidays.

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

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

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

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
3 business days

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
3 business days

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Magistrate Judge Sherry R. Fallon

CRITICAL

Responses to sentencing motions must be filed at least 3 days before the sentencing date.

Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.

Visiting Joshua D. Wolson

CRITICAL

The Rule 26(f) joint status report is due at least seven days before the Rule 16 conference.

A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.

Visiting Joshua D. Wolson

CRITICAL

Judge Wolson does not permit additional discovery or summary judgment motions after arbitration is completed.

Judge Wolson does not permit additional discovery or summary judgment motions after the arbitration.

Visiting Joshua D. Wolson

CRITICAL

Replies and sur-replies must be filed as soon as practicable and no later than seven days after the previous filing.

Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.

Visiting Joshua D. Wolson

CRITICAL

Each party must file its sentencing memorandum no later than 7 days before sentencing.

Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.

Visiting Joshua D. Wolson

CRITICAL

Sentencing motions must be filed at least 7 days before the sentencing date.

Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.

Visiting Joshua D. Wolson

CRITICALCivil cases

Pre-motion letter tolls motion/answer deadline until conference or Court decision; if no conference, additional 7 days after Rule 12(a) deadline.

A party's submission of a pre-motion letter will toll that party's time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court's decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.

Visiting Stephanos Bibas

WARNING

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

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

Bankruptcy Thomas M. Horan

WARNING

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

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

Bankruptcy Thomas M. Horan

WARNINGCivil cases

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.

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.

Judge Jennifer L. Hall

WARNINGCivil cases

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 file it with the Court within ten (10) days from the date of 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 file it with the Court within ten (10) days from the date of this Order.

Magistrate Judge Christopher J. Burke

WARNING

In habeas matters other than § 2255, the relevant government agency must respond to motions or objections within 14 days absent a court-ordered extension; a failure to respond may be treated as uncontested.

In all other habeas corpus matters, Judge Wolson will not pre-screen prisoner submissions to determine if it requires a response. Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension. In cases in which Judge Wolson is considering a Report and Recommendation, the Government agency may respond by saying that it stands by its prior briefing and/or the Report and Recommendation. Judge Wolson reserves the right to treat a failure to respond as a statement that the motion or objection is uncontested.

Visiting Joshua D. Wolson

INFO

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

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. Horan

INFO

Deadline
1 hours

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

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.

Bankruptcy Thomas M. Horan

INFO

Deadline
1 hours

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

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.

Bankruptcy Thomas M. Horan

INFOCivil cases

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

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.

Judge Jennifer L. Hall

INFO

The parties are expected to begin discovery before the Rule 16 conference.

In general, Judge Wolson expects the parties to begin discovery prior to the Rule 16 conference.

Visiting Joshua D. Wolson
Common questions about District of Delaware filing timing and cure windows rules

What filing deadlines apply to letter filings in District of Delaware?

Visiting Stephanos Bibas: Pre-motion letter tolls motion/answer deadline until conference or Court decision; if no conference, additional 7 days after Rule 12(a) deadline.

View ruleOfficial source Source: page 1, section Civil Pre-Motion Conference

What filing deadlines does District of Delaware set?

Chief Judge Colm F. Connolly: Opposition letter for discovery disputes must be filed 48 hours before the conference.

View ruleOfficial source Source: page 12, section 16(b)

Magistrate Judge Sherry R. Fallon: Redacted version of sealed document must be filed within 7 days of the sealed filing.

View ruleOfficial source Source: page 6, section Papers Filed Under Seal

Magistrate Judge Mary Pat Thynge: Redacted version of sealed document must be filed within 7 days after filing of original sealed document.

View ruleOfficial source Source: page 3, section Papers Filed Under Seal

76 more rules answer this question.

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

Chief Judge Colm F. Connolly: The rule states a 5:00 PM filing cutoff. Joint proposed final pretrial order must be filed by 5:00 p.m., 21 days before the pretrial conference.

View ruleOfficial source Source: page 20, section 28. Pretrial Conference

Magistrate Judge Sherry R. Fallon: The rule states a 3:00 PM filing cutoff. Exhibits for direct examination must be provided by 3:00 p.m. the day before use; objections must be provided by 7:30 p.m. the night before use.

View ruleOfficial source Source: page 4, section VI. Exhibits

Bankruptcy Thomas M. Horan: The rule states a 4:00 p.m. filing cutoff. Witness and exhibit lists must be filed by 4:00 p.m. Eastern three business days before a hearing.

View ruleOfficial source Source: page 3, section Witnesses and Exhibits

40 more rules answer this question.

What filing deadlines apply to initial disclosures filings in District of Delaware?

Judge Jennifer L. Hall: Initial disclosures must be made within 5 days of the scheduling order.

View ruleOfficial source Source: page 1, section Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard

1 more rule answers this question.

What filing deadlines apply to joint claim construction chart filings in District of Delaware?

Judge Jennifer L. Hall: Joint Claim Construction Chart must be filed two weeks prior to service of the opening claim construction brief.

What filing deadlines apply to discovery dispute response letter filings in District of Delaware?

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

View ruleOfficial source Source: page 3, section III. Discovery Disputes