Court Rules
Judge

Judge Danielle J. Brennan

Individual Rules, Standing Orders & Policies

Rules last changed:
Superior Court of Delaware, New Castle County

Limits & Logistics

Document Limits

Routine Motion
6 pgs
Motion In Limine
4,000 wds
Brief
8,000 wds
Reply
5,500 wds
Case Dispositive MotionCourt-wide
4 pgs
Discovery MotionCourt-wide
10 pgs

Courtesy Copies

Appendices, Compendia

  • 1 copy

Case Dispositive Motion, Daubert Motions

  • 2 copies • Upon Filing

Chambers Copy

  • Upon Filing

Motion

  • 2 copies • Chambers Drop Off • Upon Filing

Communication

Email

Chambers

alicia.maxwell@delaware.gov
Email

Chambers

shane.deloatch@delaware.gov
Phone

Chambers

255-2306
Scheduling
Fax
(302) 255-2273; (302) 255-2598
Filters:AllMandatoryImportantFormattingLettersWord CountsMemorandaProposed OrdersJuryPage LimitsExhibits

Page & Word Limits6 rules

Page Limits

Checked against the court's document on Oct 1, 2026Mandatory

A routine motion and its response may not exceed six pages without prior permission.

The motion and the response shall not exceed six pages unless the party first obtains permission to exceed the page limit.

Motion

6 pages

Response

6 pages

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Routine Motions
Page Limits

Not confirmed. Read the court's wording below.Mandatory?

The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.

Summary: A motion in limine and its response may not exceed 4,000 words without prior permission.

Motion

4,000 words

Response

4,000 words

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Motions in Limine
Page Limits

Not confirmed. Read the court's wording below.Mandatory?

The reply shall not exceed 5,500 words, unless permission previously has been granted to exceed that word limit.

Summary: A reply to a dispositive or Daubert motion may not exceed 5,500 words without prior permission.

Reply Brief

5,500 words

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Dispositive and Daubert Motions
Page Limits

Not confirmed. Read the court's wording below.Mandatory?

The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.

Summary: A dispositive or Daubert motion and its response may not exceed 8,000 words and must include a notice page stating the hearing date and time.

Motion

8,000 words

Response

8,000 words

Page LimitsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.

Summary: A motion in limine and its response may not exceed 4,000 words each unless the court has previously granted permission to exceed the limit.

Motion In Limine

4,000 words

Response

4,000 words

Page LimitsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing. The reply shall not exceed 5,500 words, unless permission previously has been granted to exceed that word limit.

Summary: Case dispositive motions and responses are limited to 8,000 words, while replies are limited to 5,500 words unless permission to exceed that limit was previously granted; the motion and response must include a notice page stating the hearing date and time.

Motion

8,000 words

Response

8,000 words

Reply Brief

5,500 words

New Castle De:913afb7e0606e1dd537a7dd9 · Aug 2021 · p. 5
|SecADDITIONAL INFORMATION AND PROCEDURES

Document Format Requirements7 rules

Formatting

Checked against the court's document on Oct 1, 2026Mandatory

Briefs, exhibits, and appendices must be stapled or bound.

Briefs, exhibits, or appendices must be stapled or bound.

Layout & Binding
Binding Style
Securely Bound
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Formatting
Formatting

Checked against the court's document on Oct 1, 2026Mandatory

A proposed order must be uploaded as a separate document in editable Word format.

A proposed order must be uploaded separately from any other documents, and filed in editable Word format.

Required Format

DOCX

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Formatting

Checked against the court's document on Oct 1, 2026Mandatory

Briefs and motions must have numbered pages, margins of at least one inch, Times New Roman 14-point type, and double spacing.

All briefs and motions must have numbered pages, no less than one-inch margins, and be written in Times New Roman 14 pt. type and double-spaced.

Typography
Font FamilyTimes New Roman
Size14 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

Checked against the court's document on Oct 1, 2026Mandatory

Counsel must provide the Court an agreed-upon jury instruction set in both hard-copy and WORD format.

Plaintiff’s counsel shall provide to the Court an agreed-upon set of instructions (both hard copy and in WORD format).

New Castle De:913afb7e0606e1dd537a7dd9 · Aug 2021 · p. 3
|SecADDITIONAL INFORMATION AND PROCEDURES
Formatting

Checked against the court's document on Oct 1, 2026Important

Exhibits, chambers copies of motions, and letters must be individually tabbed.

Exhibits to briefs, chambers copies of motions, or letters must be tabbed individually.

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Formatting
Formatting

Checked against the court's document on Oct 1, 2026Important

Appendices may exceed 25 pages when necessary.

Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Formatting
Formatting

Not confirmed. Read the court's wording below.Mandatory?

Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, shall be submitted in Microsoft Word to Judge Brennan's Administrative Specialist.

Summary: Proposed jury instructions and voir dire questions must be submitted in Microsoft Word to the Administrative Specialist.

Required Format

DOCX

New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecPretrial Matters — Jury Instructions

Document Filing Requirements24 rules

Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

A proposed order must include a signature line for Judge Brennan.

The proposed order must include a line for Judge Brennan's signature.

Document Type

Proposed Order

Content & Formatting
Proposed Order
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

Correspondence must be signed by a Delaware attorney in the attorney-of-record's law firm and copied to opposing counsel.

All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and must be copied to opposing counsel.

Document Type

Correspondence

Specific requirements detailed in rule text.
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

Substantive and the administrative emails that are docketed must include the civil action number.

All substantive and some administrative emails are docketed and always must include the civil action number.

Document Type

Email

Specific requirements detailed in rule text.
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

The proposed-order filing must be linked to the documents to which it applies.

The filing also must be linked to the documents to which the proposed order refers or applies.

Document Type

Proposed Order

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

Jury instructions must be submitted with a table of contents.

Jury instructions shall be submitted with a table of contents.

Document Type

Jury Instructions

Content & Formatting
Table Of Contents
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecPretrial Matters — Jury Instructions
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

Every communication to the Court or its staff must identify the case, civil action number, and represented party.

All communications addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil action number, and the name of the party whom communicating counsel represents.

Document Type

Communication

Specific requirements detailed in rule text.
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

The proposed order's title must specifically identify the motion it addresses.

The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").

Document Type

Proposed Order

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing Requirements

Checked against the court's document on Oct 1, 2026Mandatory

Counsel must use Superior Court Civil Form 46 for pretrial stipulations.

Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations.

Document Type

Pretrial Stipulation

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecPretrial Matters — Pretrial Stipulations
Filing Requirements

Checked against the court's document on Oct 1, 2026Important

A letter requesting court action must state all parties' positions or explain diligent efforts to reach opposing counsel or a self-represented party.

Any letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked and corrected to match the court's document on Oct 1, 2026Important

ADR proceedings may not be transcribed unless the court specifically authorizes transcription for good cause.

The ADR proceedings shall not be transcribed unless specifically authorized by the Court for good cause

Document Type

Adr Transcript

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 1, 2026Important

Plaintiff’s Counsel must file an Interim Status Report with the assigned judge that addresses the issues, discovery progress, and ADR results, reflects input from both parties, and excludes offers and demands.

The Interim Status Report is to be filed by Plaintiff(s)’s Counsel with a copy to the assigned Judge. The interim report will advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands. This document should reflect input from both parties.

Document Type

Interim Status Report

Specific requirements detailed in rule text.
New Castle De:913afb7e0606e1dd537a7dd9 · Aug 2021 · p. 5
|SecADDITIONAL INFORMATION AND PROCEDURES
Filing Requirements

Not confirmed. Read the court's wording below.Mandatory?

All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.

Summary: All Delaware counsel and self-represented litigants must sign a stipulation before the Court considers it.

Document Type

Stipulation

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecProposed Orders and Stipulations — Stipulations
Filing Requirements

Not confirmed. Read the court's wording below.Mandatory?

Parties who seek to exceed the page limit should file a letter, at least two days before the deadline for the filing, requesting permission to exceed the page limit, specifying the number of additional pages sought, and indicating opposing counsel's position on the request.

Summary: A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the number of extra pages sought and opposing counsel's position.

Document Type

Letter

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Routine Motions
Filing Requirements

Not confirmed. Read the court's wording below.Mandatory?

Counsel always should identify any “related” Superior Court cases on the Case Information Statement filed with the complaint, or with the answer, so that the new case is assigned to the same judge.

Summary: Counsel must identify related pending Superior Court cases on the Case Information Statement filed with the complaint or answer.

Document Type

Case Information Statement

Specific requirements detailed in rule text.
Filing Requirements

Not confirmed. Read the court's wording below.Mandatory?

Counsel who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.

Summary: A request to exceed a dispositive-motion word limit must be filed at least two business days before the filing deadline and state the additional words sought and opposing counsel's position.

Document Type

Letter

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Dispositive and Daubert Motions
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

(2) Filing of Motions in limine. Motions in limine are to be filed no later than . Motions in limine must include all supporting authority with the motion.

Summary: Motions in limine must be filed by the scheduling order's stated deadline, which is blank, and must include all supporting authority.

Document Type

Motion In Limine

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.

Summary: The case dispositive motion and response must include a notice page indicating the motion hearing date and time.

Document Type

Motion

Specific requirements detailed in rule text.
New Castle De:913afb7e0606e1dd537a7dd9 · Aug 2021 · p. 5
|SecADDITIONAL INFORMATION AND PROCEDURES
Filing Requirements

Not confirmed. Read the court's wording below.Important?

If counsel does not have access to Westlaw, or if the decision is not available on Westlaw, a copy of unreported decisions should be provided.

Summary: Copies of unreported decisions must be provided when counsel lacks Westlaw access or the decisions are unavailable on Westlaw.

Document Type

Brief

Specific requirements detailed in rule text.
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Citations and Compendia
Filing Requirements

Not confirmed. Read the court's wording below.Important?

If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case and a later-filed, related civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the later-filed case.

Summary: Counsel must promptly notify the Judicial Case Manager when an omitted related-case reference has resulted in assignment to a different judge.

Document Type

Notification

Specific requirements detailed in rule text.
Filing Requirements

Not confirmed. Read the court's wording below.Important?

All legal or evidentiary issues worthy of pretrial identification and focus should be identified in the stipulation with brief citation(s) of legal authorities relied upon.

Summary: The pretrial stipulation should identify all relevant legal or evidentiary issues with supporting citations.

Document Type

Pretrial Stipulation

Content & Formatting
Statement Of Facts
Legal Argument
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecPretrial Matters — Pretrial Stipulations
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Important?

All parties must attend and participate in the ADR in good faith, unless expressly excused by the ADR practitioner.

Summary: All parties must attend and participate in ADR in good faith unless expressly excused by the ADR practitioner.

Document Type

Adr Proceeding

Content & Formatting
Legal Argument
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Important?

Insurance adjusters with authority up to policy limits must also be present.

Summary: Insurance adjusters with authority up to policy limits must attend ADR.

Document Type

Adr Proceeding

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Important?

Plaintiff’s counsel is responsible for obtaining defense counsel’s consent to form or additional input to be included in the Report in sufficient advance of the submission deadline to ensure compliance with the deadline.

Summary: Plaintiff’s counsel must obtain defense counsel’s consent to the report’s content sufficiently before the submission deadline.

Document Type

Interim Status Report

Specific requirements detailed in rule text.
New Castle De:913afb7e0606e1dd537a7dd9 · Aug 2021 · p. 5
|SecADDITIONAL INFORMATION AND PROCEDURES
Filing Requirements

Not confirmed. Read the court's wording below.Note?

If counsel is relying on a treatise or other secondary source to support an important issue, it is helpful to provide a copy of the table of contents and the excerpt relied upon, unless it is a secondary source readily available to the Court, such as a law review article, Restatement section, or Delaware treatise.

Summary: For important issues supported by secondary sources, counsel should provide the table of contents and relevant excerpt unless the source is readily available to the Court.

Document Type

Brief

Content & Formatting
Table Of Contents
New Castle De:97a2618c5ade1c2a014a2e17 · Sep 2026
|SecMotions & Briefing — Citations and Compendia

Filing & Service rules

Electronic Filing Rules

Counsel must also file the jury instructions by email to Alicia Maxwell in WORD format.

Counsel is required to also file these instructions via email to Alicia Maxwell at Alicia.Maxwell@delaware.gov in WORD format.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 4 | ADDITIONAL INFORMATION AND PROCEDURES

Dispositive motions, Daubert motions, responses, and replies must be electronically filed.

The motion, response, and reply must be e-filed.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.

The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Motions in Limine

Filing Timing and Cure Windows

A case settling within 30 days of trial must submit its settlement documentation by the pretrial-stipulation deadline.

If, however, a case resolves less than thirty (30) days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.

Checked against the court's document on Oct 1, 2026

Page 1 | Trials — Settlements

After settlement, proper documentation should be submitted within 30 days, or a status report should be filed if the documentation remains unfinished.

As a general rule, proper documentation should be submitted to the Court within thirty (30) days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.

Checked against the court's document on Oct 1, 2026

Page 1 | Trials — Settlements

Proposed jury instructions are due on the Wednesday before trial.

Proposed jury instructions are due the Wednesday before the trial date.

Checked against the court's document on Oct 1, 2026

Page 1 | Pretrial Matters — Jury Instructions

A motion-in-limine response with all supporting authority is due within seven business days unless a court order states otherwise.

Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.

Checked against the court's document on Oct 1, 2026

Page 1 | Motions & Briefing — Motions in Limine

Routine motions must be filed 10 days before the noticed hearing date, excluding weekends and holidays.

Routine Motions must be filed 10 days (excluding weekends and holidays) before the noticed date.

Checked against the court's document on Oct 1, 2026

Page 1 | Motions & Briefing — Routine Motions

Unless the court orders otherwise, a response with all supporting authority to a motion in limine is due within 7 business days after filing.

Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

Routine civil motions are presented on Tuesdays at 10:00 a.m. and must be filed at least ten days before the noticed presentation date, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.

Judge Brennan’s routine civil motions are on Tuesday at 10:00 a.m. Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

A reply brief may be filed within five days after the response.

A reply brief may be filed within 5 days after the response.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

A response to a dispositive or Daubert motion is due 20 business days after the motion is filed.

Responses are due 20 business days after the motion is filed.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

A response to a routine motion is due on the Friday before the noticed hearing.

Responses are due the Friday before the noticed hearing.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Routine Motions

An oral-argument time may be canceled if the motion is not filed within four days after the time is obtained.

If a party then does not file the motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

A reply brief may be filed within five days after the response.

A reply brief may be filed within 5 days after the response.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

Plaintiff's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.

(2) Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | TRIAL SCHEDULING ORDER

Motions to add or amend must be filed by the scheduling order's stated deadline, which is blank in the provided text.

(a) Filing of Motions to Add or Amend. Such motions are to be filed no later than .

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | TRIAL SCHEDULING ORDER

Plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.

(4) Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure Deadline is .

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | TRIAL SCHEDULING ORDER

Dispositive and Daubert motions must be filed by the scheduling order's stated deadline, which is blank in the provided text.

(c) (1) Filing of Dispositive and Daubert Motions. Such motions are -1-

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | TRIAL SCHEDULING ORDER

All discovery must be initiated early enough to be completed by the scheduling order's discovery cut-off, which is blank in the provided text.

(1) Discovery Cut-Off: All discovery is to be initiated such that it will be completed by .

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | TRIAL SCHEDULING ORDER

Defendant's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.

(3) Defendant’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | TRIAL SCHEDULING ORDER

Mandatory alternative dispute resolution must be conducted by the scheduling order's stated date, which is blank in the provided text.

(d) (1) Mandatory ADR is to be conducted by .

We could not find this wording in the court's document. Open the source before relying on it. · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

Responses to dispositive and Daubert motions are due 21 business days after filing, and a reply brief may be filed within 5 days after the response.

to be filed no later than . Responses are due 21 business days after the motion is filed. A reply brief may be filed within 5 days after the response.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

A response to a case dispositive motion is due 21 business days after the motion is filed.

Responses are due 21 business days after the motion is filed.

Not confirmed. Read the court's wording below. · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

Failure to file a timely response to a motion in limine may result in the court deeming the motion unopposed.

Failure to file a timely Response may result in the Court deeming the motion as unopposed.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

Filing Fees and Waivers

Plaintiff must pay the trial fee by the pretrial conference.

Plaintiff must pay the trial fee on or before the pretrial conference.

Not confirmed. Read the court's wording below. · Civil cases

Page 3 | ADDITIONAL INFORMATION AND PROCEDURES

Courtesy Copy Requirements

Two courtesy copies of each motion and brief must be sent to chambers, except motions seeking admission of counsel pro hac vice.

Two courtesy copies of all motions and briefs must be sent to chambers, other than motions to admit counsel pro hac vice.

Checked against the court's document on Oct 1, 2026

Page 1 | Motions & Briefing — Courtesy Copies

The original case dispositive motion, response, and any reply must be filed with the Prothonotary’s Office, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.

The original motion, the response and any reply thereto shall be filed with the Prothonotary’s Office with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

Only one courtesy copy of appendices or compendia must be sent to chambers.

Only one copy of appendices or compendia need be sent to chambers.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Courtesy Copies

Courtesy copies must not be sent until the Prothonotary accepts the filing.

Courtesy copies should not be sent until the filing is accepted by the Prothonotary.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Courtesy Copies

Two courtesy copies of a routine motion and its response must be promptly sent to chambers.

Two courtesy copies of both the motion and response must be sent promptly to chambers.

Not confirmed. Read the court's wording below.

Two courtesy copies of a motion in limine and response must be promptly delivered to chambers.

The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.

Not confirmed. Read the court's wording below.

Two courtesy copies of each dispositive or Daubert motion, response, and reply must be promptly delivered to chambers.

Two courtesy copies of each must be delivered promptly to chambers.

Not confirmed. Read the court's wording below.

Routine motions require two courtesy copies, including exhibits, to be delivered to Judge Brennan’s chambers when filed.

Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

A routine motion response is due by the Wednesday before the hearing and must be accompanied by two courtesy copies, including exhibits, delivered to Judge Brennan’s chambers.

Responses are due no later than the Wednesday before the motion’s hearing, with two courtesy copies of a response (with exhibits) delivered to Judge Brennan in chambers.

Not confirmed. Read the court's wording below. · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

The File & Serve Transaction ID Number should appear on each courtesy copy's cover page.

The cover page of the courtesy copies should have the File & Serve Transaction ID Number printed on it.

Not confirmed. Read the court's wording below.

Filing Bundling Requirements

A motion to continue a trial date must be filed as a routine motion.

A Motion to Continue a Trial Date is filed as a routine motion.

Not confirmed. Read the court's wording below. · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

Pre-Motion Conference Requirements

Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.

Before filing a dispositive motion or a Daubert motion, Counsel must obtain possible dates and times for oral argument through Judge Brennan's Administrative Specialist.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

Motions in limine must be noticed for presentation at the Pretrial Conference and should be resolved there when possible.

Motions in limine shall be noticed for presentation at the Pretrial Conference and will be resolved, wherever possible, at that time.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

The Court establishes the briefing schedule by letter after the motion is filed.

After the motion is filed, the Court will issue a letter establishing a briefing schedule.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

Adjournment & Extension Requirements

An untimely motion in limine seeking dispositive relief or Daubert relief may be summarily denied unless the court grants leave and the motion articulates good cause for the missed deadline.

Should a Motion in limine be filed that seeks dispositive relief or relief under Daubert and D.R.E. 702, et. seq. it may be SUMMARILY DENIED unless leave from the Court is given to file an untimely dispositive or Daubert motion, articulating good cause for the failure to file such a motion under the appropriate deadline.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

The parties may be excused from the ADR deadline only by court order.

The parties may be excused from this deadline only by order of the Court.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

Chambers Communication Rules

Email is prohibited in cases involving a self-represented party unless Judge Brennan authorizes its use.

The use of email is not permitted when the case includes a self-represented party, unless previously authorized by Judge Brennan.

Checked against the court's document on Oct 1, 2026

Page 1 | Communications

If the case settles, Plaintiff’s Counsel must immediately notify chambers and the civil case manager by email.

In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Alicia Maxwell at Alicia.Maxwell@delaware.gov and civil case manager Shane DeLoatch at Shane.Deloatch@delaware.gov.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

Case dispositive motions must be scheduled by obtaining a date and time from Judge Brennan’s Chambers.

Case dispositive motions will be scheduled by obtaining a date and time from Judge Brennan’s Chambers which can be reached at 255-2306.

Checked against the court's document on Oct 1, 2026 · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

Requests for relief should be made by motion rather than by letter or email.

The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.

Checked and corrected to match the court's document on Oct 1, 2026 · Civil cases

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES

Counsel may request a scheduling teleconference or office conference through Judge Brennan's Administrative Specialist.

If counsel believes a teleconference or office conference with Judge Brennan will be helpful in establishing a schedule, they may request a conference by contacting Judge Brennan's Administrative Specialist.

Checked and corrected to match the court's document on Oct 1, 2026

Page 1 | Initial Stages

Administrative emails should be directed to Court staff rather than Judge Brennan unless the matter is inappropriate for staff.

Administrative email messages should not be sent to Judge Brennan unless they are not appropriate to send to Court staff.

Checked against the court's document on Oct 1, 2026

Page 1 | Communications

Chambers or the Prothonotary must be notified by phone or email before or when a fax transmission is sent.

* Please advise the Administrative Specialist or Civil Case Manager by phone or email that a FAX transmission has been or is about to be sent to chambers or the prothonotary.

Not confirmed. Read the court's wording below.

Page 1 | Communications

Substantive email to Judge Brennan requires advance approval unless exigent circumstances make it necessary.

Subject to the foregoing restriction on emails in cases regarding self-represented litigants, substantive email messages may be directed to Judge Brennan either (a) with Judge Brennan's advance approval; or (b) where exigent circumstances so require.

Not confirmed. Read the court's wording below.

Page 1 | Communications

For good cause, pro hac vice counsel may seek permission to participate by phone by making a sufficiently advance request to the Administrative Specialist.

For good cause, such as distance and/or the nature of the case, counsel admitted pro hac vice may be permitted to participate by phone if a request is sent to Judge Brennan's Administrative Specialist sufficiently in advance of the conference.

Not confirmed. Read the court's wording below.

Page 1 | Pretrial Matters — Pretrial Conferences

The parties should notify the court in writing of the scheduled ADR date.

The parties should notify the Court in writing of the date of the scheduled ADR.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | TRIAL SCHEDULING ORDER

Counsel may contact the Civil Case Manager to inquire about a missing scheduling order.

If any counsel believes a scheduling order should have been issued, and none has been issued, counsel should contact Judge Brennan's Civil Case Manager to inquire about the delay.

Not confirmed. Read the court's wording below.

Page 1 | Initial Stages

Court-wide rules

Applies court-wide

These 167 rules apply across Superior Court of Delaware, New Castle County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 50
  • Applies to
    Pending appeals inventory

    The Prothonotary of each county must prepare a Pending Appeals Inventory at the end of each month.

  • Applies to
    Case information statement

    A party identifies a qualifying case by entering the CCLD civil case code and Complex Commercial Litigation civil case type on the Case Information Statement.

  • Applies to
    Pleadings and other filed papers

    All pleadings and other papers filed with the court must include CCLD.

Filing Timing

All 30
  • A motion opposing CCLD case identification must be filed before the Rule 16 scheduling conference unless the Panel Judge directs otherwise, and filing it does not extend deadlines for other pleadings, motions, or responses.

  • For non-expedited Rule 7(c)(1) motions, the general briefing schedule calls for an opening brief 30 days after filing, an answering brief 30 days later, and a reply 15 days after that.

  • Deadline
    14 calendar days

    For non-expedited motions other than Rule 7(c)(1) motions, the opposition is generally due 14 calendar days after filing and the reply seven calendar days later.

Communication

All 23
  • A lawyer should give all affected parties reasonable notice, whenever possible, before communicating with a court concerning pending or prospective litigation.

  • Ex parte communications with the court on pending matters should be avoided unless permitted by law.

  • Contact
    Email to duty judge

    Direct email to judicial officers is reserved for a true emergency arising outside regular business hours.

Formatting

All 11
  • Appendices and compendia should use tabs.

  • Parties should submit joint exhibits rather than separate plaintiff or defense exhibit sets.

  • Exhibits should be organized chronologically, or, when chronological ordering is not feasible in a highly expedited matter, parties should provide a chronological exhibit list as soon as practicable.

About Judge Danielle J. Brennan

The Honorable Danielle J. Brennan was appointed to the Superior Court of Delaware by Governor John C. Carney, Jr. on July 1, 2021.

Administrative contact: Alicia Maxwell. Chambers phone: 302) 255-2306. Preference page updated September 8, 2026.

Common questions about Judge Danielle J. Brennan's rules

Are courtesy copies required for Judge Danielle J. Brennan?

Courtesy-copy rule applies for motions and briefs. Details: 2 copies. Two courtesy copies of each motion and brief must be sent to chambers, except motions seeking admission of counsel pro hac vice.

View ruleSource: page 1, section Motions & Briefing — Courtesy Copies

Does Judge Danielle J. Brennan require a pre-motion conference or letter before filing a motion?

Judge Danielle J. Brennan's rules set a pre-motion procedure for case dispositive motion and daubert. Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.

View ruleSource: page 1, section Motions & Briefing — Dispositive and Daubert Motions

What page or word limits apply to routine motion before Judge Danielle J. Brennan?

Judge Danielle J. Brennan's rule states these limits: 6 pages; 6 pages. A routine motion and its response may not exceed six pages without prior permission.

View ruleSource: page 1, section Motions & Briefing — Routine Motions

What page or word limits apply to motion in limine before Judge Danielle J. Brennan?

Judge Danielle J. Brennan's rule states these limits: 4000 words; 4000 words. A motion in limine and its response may not exceed 4,000 words without prior permission.

View ruleSource: page 1, section Motions & Briefing — Motions in Limine

What formatting rules apply to filings before Judge Danielle J. Brennan?

Judge Danielle J. Brennan's formatting rule includes times new roman font, 14 point type, double spacing, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, and numbered pages. Briefs and motions must have numbered pages, margins of at least one inch, Times New Roman 14-point type, and double spacing.

View ruleSource: page 1, section Motions & Briefing — Formatting

What must be included with communication filings before Judge Danielle J. Brennan?

The rule identifies required filing content or certificates. Every communication to the Court or its staff must identify the case, civil action number, and represented party.

View ruleSource: page 1, section Communications

What must be included with correspondence filings before Judge Danielle J. Brennan?

The rule identifies required filing content or certificates. Correspondence must be signed by a Delaware attorney in the attorney-of-record's law firm and copied to opposing counsel.

View ruleSource: page 1, section Communications

How may parties contact Judge Danielle J. Brennan's chambers?

The rule addresses email communications. Email is prohibited in cases involving a self-represented party unless Judge Brennan authorizes its use.

View ruleSource: page 1, section Communications

How do I request an adjournment or extension before Judge Danielle J. Brennan?

Advance notice is not fully stated in the structured details. An untimely motion in limine seeking dispositive relief or Daubert relief may be summarily denied unless the court grants leave and the motion articulates good cause for the missed deadline.

View ruleSource: page 2, section TRIAL SCHEDULING ORDER

Does Judge Danielle J. Brennan require motion papers to be bundled?

Bundling is optional for covered papers before Judge Danielle J. Brennan. A motion to continue a trial date must be filed as a routine motion.

View ruleSource: page 5, section ADDITIONAL INFORMATION AND PROCEDURES

Is electronic filing required before Judge Danielle J. Brennan?

Yes. Electronic filing is required for the covered filings. A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.

View ruleSource: page 1, section Motions & Briefing — Motions in Limine

Are filing fees or waivers addressed before Judge Danielle J. Brennan?

A fee is required for covered filings. Plaintiff must pay the trial fee by the pretrial conference.

View ruleSource: page 3, section ADDITIONAL INFORMATION AND PROCEDURES

What filing deadlines does Judge Danielle J. Brennan set?

Routine motions must be filed 10 days before the noticed hearing date, excluding weekends and holidays.

View ruleSource: page 1, section Motions & Briefing — Routine Motions
Complete rules summary for Judge Danielle J. Brennan

Chambers or the Prothonotary must be notified by phone or email before or when a fax transmission is sent.

Every communication to the Court or its staff must identify the case, civil action number, and represented party.

A letter requesting court action must state all parties' positions or explain diligent efforts to reach opposing counsel or a self-represented party.

Correspondence must be signed by a Delaware attorney in the attorney-of-record's law firm and copied to opposing counsel.

Substantive and the administrative emails that are docketed must include the civil action number.

Email is prohibited in cases involving a self-represented party unless Judge Brennan authorizes its use.

Substantive email to Judge Brennan requires advance approval unless exigent circumstances make it necessary.

Administrative emails should be directed to Court staff rather than Judge Brennan unless the matter is inappropriate for staff.

Counsel may request a scheduling teleconference or office conference through Judge Brennan's Administrative Specialist.

Counsel may contact the Civil Case Manager to inquire about a missing scheduling order.

Counsel must identify related pending Superior Court cases on the Case Information Statement filed with the complaint or answer.

Counsel must promptly notify the Judicial Case Manager when an omitted related-case reference has resulted in assignment to a different judge.

Briefs and motions must have numbered pages, margins of at least one inch, Times New Roman 14-point type, and double spacing.

Briefs, exhibits, and appendices must be stapled or bound.

Appendices may exceed 25 pages when necessary.

Exhibits, chambers copies of motions, and letters must be individually tabbed.

Two courtesy copies of each motion and brief must be sent to chambers, except motions seeking admission of counsel pro hac vice.

Courtesy copies must not be sent until the Prothonotary accepts the filing.

The File & Serve Transaction ID Number should appear on each courtesy copy's cover page.

Only one courtesy copy of appendices or compendia must be sent to chambers.

Copies of unreported decisions must be provided when counsel lacks Westlaw access or the decisions are unavailable on Westlaw.

For important issues supported by secondary sources, counsel should provide the table of contents and relevant excerpt unless the source is readily available to the Court.

Routine motions must be filed 10 days before the noticed hearing date, excluding weekends and holidays.

A response to a routine motion is due on the Friday before the noticed hearing.

Two courtesy copies of a routine motion and its response must be promptly sent to chambers.

A routine motion and its response may not exceed six pages without prior permission.

A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the number of extra pages sought and opposing counsel's position.

A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.

Two courtesy copies of a motion in limine and response must be promptly delivered to chambers.

A motion-in-limine response with all supporting authority is due within seven business days unless a court order states otherwise.

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