District of Delaware Service and Proof of Service Rules
13 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to District of Delaware; use the court rules overview to switch categories without leaving this court.
- Deadline
- 24 hours
- Service
- Email to all parties
Exhibits intended for use at a hearing must be emailed in PDF format to all relevant parties and chambers no later than 24 hours before the hearing.
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.
- Deadline
- 24 hours
- Applies to
- Exhibit
- Service
- Email to all parties
Exhibits not on the docket must be emailed in PDF format to parties and the Court no later than 24 hours before the hearing.
If an exhibit is not on the docket, please supply such exhibit by email (in .pdf format) to all relevant parties and to the Court as soon as possible, but no later than 24 hours before the hearing.
- Deadline
- 0 hours
- Applies to
- Notice of completion of briefing
- Service
- Email to court
After filing a Notice of Completion of Briefing, email a copy to chambers.
After filing, please e-mail chambers a copy of the Notice.
- Deadline
- 24 hours
- Service
- Email to all parties
Exhibits not on the docket must be emailed in PDF to parties and chambers by 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.
- Deadline
- 30 calendar days
- Applies to
- Noninfringement contentions
- Service
- Other to opposing party
Noninfringement Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.
Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Noninfringement Contentions”
- Deadline
- 30 calendar days
- Applies to
- Invalidity contentions
- Service
- Other to opposing party
Invalidity Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.
Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Invalidity Contentions”
- Deadline
- 28 calendar days
- Applies to
- Statement of facts
- Service
- Other to all parties
The moving party must serve a numbered statement of undisputed material facts with citations on all other parties at least 28 days before the summary judgment motion deadline.
At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
- Deadline
- 14 calendar days
- Applies to
- Response to statement of facts
- Service
- Other to all parties
The responding party must serve its response to the statement of facts on all other parties at least 14 days before the summary judgment motion deadline.
At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;
- Service
- Other
Claim construction briefs are served on opposing counsel but not filed with the court individually.
The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on . The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on .
- Applies to
- Mediation order
- Service
- Other to opposing party
Delaware counsel must inform out-of-state counsel about this Order.
Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order.
- Applies to
- Claim construction brief
- Service
- Other
Claim construction briefs must be served but not filed individually; they are later combined into a joint brief.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ,202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on 202_.
- Applies to
- Mediation participant list
- Service
- Other to opposing party
Counsel must exchange a list of all mediation participants with opposing parties by the mediation statement deadline.
No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.
- Service
- Email to all parties
Parties may consent to email service of pleadings and discovery under FRCP 5(b)(2)(E); non-consenting parties must explain their reasons.
Do the parties consent to service of pleadings and discovery via email pursuant to Fed. R. Civ. P. 5(b)(2)(E)? Any party that does not consent must explain its reasons.
What rule applies to service for exhibit in District of Delaware?
Proof of service is not required by this specific service rule. Details: method: service by email, recipient: all parties, timing: 24 hours before hearing. Exhibits not on the docket must be emailed in PDF format to parties and the Court no later than 24 hours before the hearing.
What rule applies to service for notice of completion of briefing in District of Delaware?
Proof of service is not required by this specific service rule. Details: method: service by email, recipient: the court, timing: 0 hours after filing. After filing a Notice of Completion of Briefing, email a copy to chambers.
What rule applies to service for noninfringement contentions in District of Delaware?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 30 calendar days after service. Noninfringement Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.
What rule applies to service for invalidity contentions in District of Delaware?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 30 calendar days after service. Invalidity Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.
What rule applies to service by email for all parties in District of Delaware?
Proof of service is not required by this specific service rule. Details: method: service by email, recipient: all parties, timing: 24 hours before hearing. Exhibits not on the docket must be emailed in PDF to parties and chambers by 24 hours before the hearing.
What rule applies to service for statement of facts in District of Delaware?
The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 28 calendar days before deadline. The moving party must serve a numbered statement of undisputed material facts with citations on all other parties at least 28 days before the summary judgment motion deadline.
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