District of Delaware Document Format Requirements

Hard copies must comply with formatting requirements in paragraphs 10 and 14.

Source text: The hard copies shall comply with paragraphs 10 and 14 of this Order.

Brief cover colors: opening (blue), answering (red), reply (gray); motions in limine excluded.

Source text: The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: (1) Opening brief - Blue (2) Answering brief- Red (3) Reply brief - Gray

Joint Claim Construction Chart must be in Word format, emailed to cfc civil@ded.uscourts.gov, 14-point Times New Roman.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov. The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

Briefs must be 14-point Times New Roman with certification of compliance

Source text: The text for each brief shall be 14-point and in Times New Roman or a similar typeface. Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Claim construction briefs must use 14-point Times New Roman or similar typeface.

Source text: The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

Brief covers must be color-coded: opening (blue), answering (red), reply (gray).

Source text: The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: Opening brief - Blue, Answering brief - Red, Reply brief- Gray

Joint Claim Construction Chart must use 14-point Times New Roman or similar typeface.

Source text: The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

Claim construction briefs must use 14-point Times New Roman or similar typeface.

Source text: The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

Jury instructions and verdict forms must be submitted in Word format to specified email address.

Source text: The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.

Parties must submit voir dire, preliminary and final jury instructions, and special verdict forms in Word format via email simultaneously with filing.

Source text: The parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc_civil@ded.uscourts.gov.

Joint Claim Construction Chart must be in Word format and emailed to specific address.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Joint Claim Construction Chart must be in Word format and emailed to specified address.

Source text: The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Specified filings and their footnotes must use Times New Roman at minimum 12-point font.

Source text: 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.

Submitted trial exhibits must be double-sided, stapled or bound, separately foldered and labeled, and also provided electronically on a labeled flash/thumb drive with each exhibit saved and identified separately by exhibit number.

Source text:  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

Citations must appear in the body text, not in footnotes or endnotes.

Source text: All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.

Times New Roman font, 12-point minimum, required for all pleadings, motions, briefs, claim construction charts, proposed orders, and letters.

Source text: 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.

Exhibits must be pre-marked with PTX/DTX/JTX prefix, exhibit number starting at 1, and case number.

Source text: 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.

Patent cases: hyperlinked post-trial papers required within 1 week; no hard exhibits needed if hyperlinked.

Source text: 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.

Non-hyperlinked cases: trial exhibits required within 1 week, double-sided, stapled/bound, in labeled folders, with electronic copy on labeled flash drive.

Source text: 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

Demonstratives must be provided in PDF format, except videos/animations which require DVD/CD.

Source text: The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD.

Irregularly sized physical demonstratives must be provided as 8.5 x 11 PDF copies.

Source text: For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.

Mediation statements must be double-spaced, single-sided, 12-point font, 15-20 pages max, numbered

Source text: The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.

Mediation statements must be double-spaced, single-sided, 12-point font, maximum 15-20 pages, with numbered pages.

Source text: The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.

Jury documents must be submitted in Word format to specified email address.

Source text: The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.

Jury documents must be submitted in WordPerfect format.

Source text: The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

Discovery-related motions must be emailed in Word format to rga_civil@ded.uscourts.gov simultaneously with filing.

Source text: order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.

Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov in Word format.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

Joint Claim Construction Chart must be in Word format and emailed to chambers simultaneously with filing.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

All ECF filings, especially sealed documents, must be labeled with ECF descriptions to ensure docket text accurately reflects contents.

Source text: Use the ECF descriptions to label all ECF filings, especially documents filed under seal, so that the docket text reflects the contents.

All papers required by Federal or Local Rules must be filed electronically via ECF.

Source text: Counsel shall file all papers required to be filed under the Federal or Local Rules of Civil and Criminal Procedure electronically through ECF.

All Rule 56 appendix pages must be consecutively Bates stamped and referenced by Bates number in motions and briefs.

Source text: All pages of the appendix shall be consecutively “Bates stamped” and referenced in the motions and briefs by the Bates number assigned each page.

Proposed jury instructions must be double spaced, submitted on separate paper, in Microsoft Word format on CD/thumb drive, with accurate citations and separate numbering.

Source text: Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate. The parties shall also provide the proposed instructions on a CD or thumb drive in Microsoft Word format.

Change of plea memoranda must be in Microsoft Word (DOCX) format.

Source text: The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

PSI reports and sentencing memoranda must be in Microsoft Word (DOCX) format.

Source text: Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

Exhibits/attachments must be tabbed and paginated.

Source text: Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.

Exhibits and attachments must be tab-separated, paginated, deduplicated, and highlighted for court review.

Source text: Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number. The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read.

Brief covers for motions (except motions in limine) must be color-coded: Opening Blue, Answering Red, Reply Gray.

Source text: The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: (1) Opening brief - Blue; (2) Answering brief- Red; (3) Reply brief - Gray

Joint Claim Construction Chart must use 14-point Times New Roman or similar typeface.

Source text: The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

Exhibits and attachments must be separated by tabs and paginated for identification.

Source text: Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.

Exhibits and attachments must be tabbed, paginated, and highlighted where relevant.

Source text: Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number. The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read.

Joint Claim Construction Chart must use 14-point Times New Roman font.

Source text: The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

All claim construction briefs must use 14-point Times New Roman font.

Source text: The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

Joint Claim Construction Chart must be in Word format.

Source text: The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Citations must appear in body text rather than in footnotes or endnotes.

Source text: All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.

For amendments as a matter of course, the amended pleading sent to chambers must be in PDF format.

Source text: 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.

Parties must highlight important portions of exhibits in yellow.

Source text: With regard to other types of exhibits the parties attach to their letter briefs, the parties should highlight in yellow those portions of the exhibits that are particularly important and that they want the Court to focus on.

Parties must highlight important portions of exhibits in yellow.

Source text: The parties should highlight in yellow those portions of the exhibits that are particularly important and that they want the Court to focus on.

Joint claim construction charts must follow sample format on Judge Tennyson's website.

Source text: All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.

Mediation statement exhibits must be single-sided and tabbed.

Source text: Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Exhibits shall also be single-sided only and must be tabbed.

Plaintiff must submit jury instructions, voir dire, and verdict forms in WordPerfect format via email to a designated address.

Source text: The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

Avoid duplicate exhibits; highlight relevant portions; include only first page of depositions or cover pages of discovery requests.

Source text: The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read. The parties are encouraged to include in an exhibit or attachment only the first page of a deposition transcript or the cover page of a request for discovery) and (2) are relevant to the issue(s) before the Court.

Brief covers must be color-coded by type: opening (blue), answering (red), reply (gray).

Source text: The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: (1) Opening brief - Blue (2) Answering brief - Red (3) Reply brief - Gray

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.

Source text: 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.

Mediation statement exhibits must be single-sided and tabbed.

Source text: Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Exhibits shall also be single-sided only and must be tabbed.

Motions are not required to be formatted in numbered paragraphs.

Source text: The motion does not need to be in a numbered paragraph format.

Emailed copies of proposed voir dire, jury instructions, and special verdict forms sent to Chambers must be in Word (DOCX) format.

Source text: The parties should also email Word versions of each document to Chambers.