District of Delaware Service and Proof of Service Rules

CRITICAL

Deadline

24 hours

Service

Email to all parties

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.

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of completion of briefing

Service

Email to court

After filing, please e-mail chambers a copy of the Notice.

After filing, please e-mail chambers a copy of the Notice.

CRITICAL

Applies to

Notice of completion of briefing

Service

Email to court

After filing, please e-mail chambers a copy of the Notice.

After filing, please e-mail chambers a copy of the Notice.

CRITICALCivil cases

Applies to

Noninfringement contentions

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”

CRITICALCivil cases

Applies to

Invalidity contentions

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”

CRITICAL

Applies to

Statement of facts

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;

CRITICAL

Applies to

Response to statement of facts

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;

WARNINGCivil cases

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

WARNINGCivil cases

Applies to

Claim construction brief

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_.

WARNINGCivil cases

Applies to

Mediation participant list

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.

WARNING

Service

Email

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.