Court Rules
Judge

Judge Kathleen M. Miller

Individual Rules, Standing Orders & Policies

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

Limits & Logistics

Document Limits

Brief
10 pgs
Reply Brief
6 pgs
Motion
10 pgs
Motion In Limine
10 pgs
Case Dispositive MotionCourt-wide
4 pgs
Discovery MotionCourt-wide
10 pgs

Courtesy Copies

Case Dispositive Motion, Daubert Motions

  • 2 copies • Chambers Drop Off • Immediately Upon Filing

Courtesy copies

  • Chambers Drop Off • Immediately Upon Filing

Daubert Motions

  • Upon Filing

Motion, Response

Adjournments

  • Failure to meet deadlines without good cause may result in denial of an extension request.
  • A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.
  • An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.
  • +2 more

Request must include

Proposed New Dates

Communication

Email

Chambers

stephanie.jackson@delaware.gov
Scheduling
Phone

Chambers

302-255-0669
Scheduling
Fax

Chambers

(302) 255-2273
Email
Court-wide

Duty Judge

Emergencies
Filters:AllMandatoryImportantFormattingProposed OrdersJuryExhibitsMemorandaLettersTRO/InjunctionBinders/Tabs

Page & Word Limits6 rules

Page LimitsCivil cases

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

The motion and response shall not exceed 10 pages, unless permission has previously been granted.

Summary: A dispositive or Daubert motion and its response may not exceed 10 pages unless permission was previously granted.

Motion

10 pages

Response

10 pages

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Dispositive and Daubert Motions
Page LimitsCivil cases

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

Replies shall not exceed 6 pages, unless permission has previously been granted.

Summary: A reply to a dispositive or Daubert motion may not exceed 6 pages unless permission was previously granted.

Reply Brief

6 pages

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Dispositive and Daubert Motions
Page LimitsCivil cases

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

The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.

Summary: Dispositive and Daubert motions and responses are limited to 10 pages each, and replies are limited to 6 pages.

Motion

10 pages

Response

10 pages

Reply Brief

6 pages

New Castle De:d08c124ae9a9a628f4e69888 · p. 3
|SecDispositive and Daubert Motions
Page LimitsCivil cases

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

The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages,

Summary: Motions in limine and responses are limited to 10 pages each, and replies are limited to 6 pages.

Motion

10 pages

Response

10 pages

Reply Brief

6 pages

Page LimitsCivil cases

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

The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.

Summary: Dispositive and Daubert motions and responses are limited to 10 pages, while replies are limited to 6 pages, and each filing must include a hearing notice page.

Brief

10 pages

Response

10 pages

Reply Brief

6 pages

New Castle De:40cebd0bb3fa7f398934a6b3
|SecDispositive and Daubert Motions
Page LimitsCivil cases

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

The motion and response shall not exceed 10 pages and the reply shall not exceed 6 pages.

Summary: Motions in limine and responses are limited to 10 pages, while replies are limited to 6 pages.

Motion

10 pages

Response

10 pages

Reply Brief

6 pages

Document Format Requirements12 rules

FormattingCivil cases

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

Unless another provision or order specifies otherwise, motions must follow Superior Court Civil Rule 78(b)'s formatting requirements.

Unless otherwise specified herein or in a separate order, all motions shall be formatted in the manner set forth in Superior Court Civil Rule 78(b).

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

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

Briefs must follow the formatting requirements in Superior Court Civil Rules 107(b), (d), (e), (h), and (j).

All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), (h) and (j).

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

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

Chambers copies of exhibits submitted with briefs, motions, and letters must be individually tabbed.

Chambers' copies of exhibits to briefs, motions, and letters must be individually tabbed.

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

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.

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

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

Trial exhibits must be pre-marked.

Exhibits must be pre-marked.

FormattingCivil cases

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

All exhibits must be pre-marked.

Exhibits must be pre-marked.

FormattingCivil cases

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

Appendices may exceed 25 pages when necessary, notwithstanding the NCC Plan.

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

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

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

Judge Miller strongly prefers bindings that allow a brief to lie flat when opened.

Judge Miller strongly prefers bindings that will permit the brief to lay flat when opened.

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting
FormattingCivil cases

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

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

Summary: All Delaware counsel and all self-represented litigants must sign a stipulation and proposed order before the Court will consider it.

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecProposed Orders and Stipulations — Stipulations
FormattingCivil cases

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

One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.

Summary: Counsel must send Chambers one hard copy and one electronic Microsoft Word copy of the jury instructions by email.

Required Format

DOCX

FormattingCivil cases

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

One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.

Summary: One hard copy and one electronic Microsoft Word copy of the proposed jury instructions must be sent to Chambers at the stated email address.

Required Format

DOCX

FormattingCivil cases

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

Counsel are encouraged to use double-sided copying or printing for hard copied submitted to Chambers.

Summary: Counsel are encouraged to use double-sided copying or printing for hard copies submitted to Chambers.

New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Formatting

Document Filing Requirements26 rules

Filing RequirementsCivil cases

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

A proposed-order filing must be linked to the documents to which the order refers or 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:d16a32fcada9d8b515619e01 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing RequirementsCivil cases

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

A disputed or alternative proposed jury instruction must state the basis for the objection, cite supporting legal authority, and include a proposed alternative when applicable.

If any instruction, or portion thereof, is disputed, or if the parties are requesting alternate instructions, counsel shall include within the proposed instruction the basis for the objection with a citation to the legal authority in support of the objection and if applicable, the proposed alternative instruction.

Document Type

Proposed Jury Instructions

Content & Formatting
Legal Argument
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecPretrial/Evidentiary Matters — Jury Instructions
Filing RequirementsCivil cases

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

A letter requesting Court action must state all parties' positions or explain that opposing counsel or the self-represented party could not be reached.

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

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

A proposed order's document 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:d16a32fcada9d8b515619e01 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing RequirementsCivil cases

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

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

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

Document Type

Proposed Order

Specific requirements detailed in rule text.
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing RequirementsCivil cases

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

A proposed order must be uploaded as a separate filing.

A proposed order must be uploaded separately from other documents.

Document Type

Proposed Order

Specific requirements detailed in rule text.
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecProposed Orders and Stipulations — Proposed Orders
Filing RequirementsCivil cases

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

Proposed jury instructions must contain a table of contents.

Jury instructions are to contain a table of contents.

Document Type

Proposed Jury Instructions

Content & Formatting
Table Of Contents
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecPretrial/Evidentiary Matters — Jury Instructions
Filing RequirementsCivil cases

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

Correspondence must bear the signature of an attorney in the attorney-of-record's law firm and be copied to the opposing counsel or party.

All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.

Document Type

Correspondence

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

Every motion, letter, or email to the Court or its staff must identify the case name, 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 the communicating counsel represents.

Document Type

Court Communication

Content & Formatting
Case Number
Filing RequirementsCivil cases

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

The proposed pretrial order must cover at least all matters listed in Form 46 of the Superior Court Civil Rules appendix.

The proposed order must, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

The pretrial stipulation must identify all potential trial exhibits by Bates number or another specific description.

The stipulation is to identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable.

Document Type

Pretrial Stipulation

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

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

The proposed pretrial order must cover at minimum all matters listed in Form 46 of the Superior Court Civil Rules.

The proposed order must, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.

Document Type

Pretrial Order

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

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

The pretrial stipulation must identify every potential trial exhibit by Bates number or another specific description sufficient to make it readily identifiable.

The stipulation is to identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable.

Document Type

Pretrial Stipulation

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

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

The Case Information Statement filed with a complaint or answer should identify related pending Superior Court cases.

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

Document Type

Case Information Statement

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

Administrative emails may be docketed, while substantive emails are docketed and must copy all counsel and include the civil action number.

Administrative emails may be docketed. Substantive emails are docketed and must copy all counsel and include the civil action number.

Document Type

Substantive Email

Content & Formatting
Case Number
Filing RequirementsCivil cases

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

Counsel is expected to use Superior Court Civil Form 46 for pretrial stipulations.

Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.

Document Type

Pretrial Stipulation

Specific requirements detailed in rule text.
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecPretrial/Evidentiary Matters — Pretrial Stipulations
Filing RequirementsCivil cases

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

Requests for Court action should be made by motion accompanied by a Notice of Motion, Certificate of Service, and proposed form of order.

Requests for Court action should be submitted by motion, rather than by letter, with a Notice of Motion and Certificate of Service, as well as a proposed Form of Order.

Document Type

Motion

Content & Formatting
Certificate Of Service
Proposed Order
Filing RequirementsCivil cases

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

All proposed special voir dire questions must be included with the pretrial stipulation.

Special Voir Dire – All proposed special voir dire questions must be included with the pretrial stipulation.

Document Type

Pretrial Stipulation

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

The motion, response, and reply shall include a notice of hearing, indicating the date and time for argument.

Summary: A dispositive or Daubert motion, response, and reply must each include a notice of hearing stating the date and time for argument.

Document Type

Motion

Specific requirements detailed in rule text.
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecMotions & Briefing — Dispositive and Daubert Motions
Filing RequirementsCivil cases

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

Counsel must confer and attempt to agree upon jury instructions. Areas of disagreement must be noted within the specific proposed instruction with supporting authority and where needed, the proposed alternative instruction.

Summary: Counsel must confer on jury instructions and identify any disagreement within each affected proposed instruction, with supporting authority and, when needed, a proposed alternative.

Document Type

Jury Instructions

Content & Formatting
Legal Argument
Filing RequirementsCivil cases

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

Special Voir Dire – All proposed special voir dire questions must be included with the pretrial stipulation.

Summary: All proposed special voir dire questions must be included with the pretrial stipulation.

Document Type

Pretrial Stipulation

Content & Formatting
Exhibit List
Filing RequirementsCivil cases

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

The motion and response must have a notice page indicating the date and time of the motion hearing.

Summary: A routine civil motion must include a notice page stating the motion-hearing date and time.

Document Type

Motion

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 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.

Summary: A dispositive or Daubert motion must include a notice page stating the hearing date and time.

Document Type

Case Dispositive Motion

Specific requirements detailed in rule text.
New Castle De:40cebd0bb3fa7f398934a6b3
|SecDispositive and Daubert Motions
Filing RequirementsCivil cases

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 legal or evidentiary issues warranting pretrial focus and include brief citations to the authorities relied upon.

Document Type

Pretrial Stipulation

Content & Formatting
Legal Argument
New Castle De:d16a32fcada9d8b515619e01 · Sep 2026
|SecPretrial/Evidentiary Matters — Pretrial Stipulations
Filing RequirementsCivil cases

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

The motion and response must have a notice page indicating the date and time of the motion hearing.

Summary: A routine civil motion must include a notice page stating the motion-hearing date and time.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.

Summary: A dispositive or Daubert motion must include a notice page stating the motion-hearing date and time.

Document Type

Motion

Specific requirements detailed in rule text.
New Castle De:d08c124ae9a9a628f4e69888 · p. 3
|SecDispositive and Daubert Motions

Filing & Service rules

Filing Timing and Cure Windows

Movant's counsel must contact Chambers within five days after filing a dispositive or Daubert motion to obtain a hearing date.

The movant's counsel must contact Chambers within 5 days of filing a dispositive or Daubert Motion to obtain a hearing date.

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

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

A routine motion must be filed at least 10 days before the noticed hearing date, excluding weekends and holidays.

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

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

Page 1 | Motions & Briefing — Routine Motions

Failure to meet the scheduling-order deadlines without good cause will likely lead the Court to deny an extension.

Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.

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

Page 1 | CASE SCHEDULING ORDER

Plaintiff's counsel must send defendant's counsel a draft pretrial stipulation and order at least 15 days before the pretrial conference.

At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.

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

Page 1 | Pretrial Stipulation

Any amendment or modification of a deadline in the scheduling order requires Court approval.

Any amendments or modifications to the deadlines established in this Order must be approved by the Court.

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

Page 1 | CASE SCHEDULING ORDER

All deadlines in the Case Scheduling Order are firm deadlines.

Counsel are advised that all of the deadlines established by this Case Scheduling Order are firm deadlines.

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

Page 1 | CASE SCHEDULING ORDER

An Interim Status Report is due no more than 14 days after ADR is conducted.

An Interim Status Report will be due no more than 14 days after ADR has been conducted.

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

Page 3 | CASE SCHEDULING ORDER

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. · Civil cases

Page 1 | Motions & Briefing — Routine Motions

Responses to motions in limine are due 10 working days after the motion is filed.

Responses are due 10 days (excluding holidays and weekends) after the motion is filed.

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

Page 3 | Motions in Limine

Routine civil motions must be filed at least 10 working days before the noticed hearing.

Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.

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

Page 3 | Routine Civil Motions

Responses to routine civil motions are due on the Friday before the hearing.

Responses are due the Friday before the hearing.

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

Page 3 | Routine Civil Motions

Responses to dispositive and Daubert motions are due 30 days after the motion is filed.

Responses are due 30 days after the motion is filed.

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

Page 3 | Dispositive and Daubert Motions

A reply to a motion in limine may be filed within five non-holiday, non-weekend days after the response.

A reply may be filed within 5 days (excluding holidays and weekends) after the response.

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

Page 1 | Motions in Limine

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

Responses are due the Friday before the hearing.

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

Page 1 | Routine Civil Motions

A reply to a dispositive or Daubert motion may be filed within seven non-holiday, non-weekend days after the response.

A reply may be filed within 7 days (excluding holidays and weekends) after the response.

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

Page 1 | Dispositive and Daubert Motions

Routine civil motions must be filed at least 10 non-holiday, non-weekend days before the noticed hearing.

Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.

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

Page 1 | Routine Civil Motions

A response to a motion in limine is due within 10 non-holiday, non-weekend days after filing.

Responses are due 10 days (excluding holidays and weekends) after the motion is filed.

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

Page 1 | Motions in Limine

Defendant's counsel must provide comments and proposed order information within five days after receiving the draft pretrial stipulation.

Within 5 days from the date of receiving that draft, defendant’s counsel must provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.

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

Page 1 | Pretrial Stipulation

An Interim Status Report is due no later than 14 days after the ADR has been conducted.

An Interim Status Report will be due no more than 14 days after ADR has been conducted.

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

Page 1 | Mandatory ADR

A response to a dispositive or Daubert motion is due 30 days after the motion is filed.

Responses are due 30 days after the motion is filed.

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

Page 1 | Dispositive and Daubert Motions

A request for additional words must be submitted by stipulation or noticed motion at least two business days before the filing deadline and state the number requested and the opposing party's position.

Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party's position.

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

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

A reply to a dispositive or Daubert motion may be filed within seven working days after the response.

A reply may be filed within 7 days (excluding holidays and weekends) after the response.

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

Page 3 | Dispositive and Daubert Motions

A reply to a motion in limine may be filed within five working days after the response.

A reply may be filed within 5 days (excluding holidays and weekends) after the response.

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

Page 3 | Motions in Limine

Service and Proof of Service Rules

Correspondence must be copied to opposing counsel or the opposing party.

All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.

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

Page 1 | Communications

Plaintiff’s counsel must forward the draft pretrial stipulation and order to defendant’s counsel at least 15 days before the pretrial conference.

At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.

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

Page 4 | Pretrial Stipulation

Courtesy Copy Requirements

The parties must promptly deliver Chambers a courtesy copy of the motion and response.

A courtesy copy of the motion and response must be promptly delivered to Chambers.

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

Page 3 | Routine Civil Motions

One courtesy copy each of a dispositive or Daubert motion, response, and reply must be promptly delivered to Chambers.

One courtesy copy of the motion, response, and reply must be promptly delivered to Chambers.

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

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

One courtesy copy of both a routine motion and its response must be filed in Chambers.

A courtesy copy of both the motion and response must be filed in Chambers.

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

Page 1 | Motions & Briefing — Routine Motions

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. · Civil cases

Page 3 | Dispositive and Daubert Motions

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. · Civil cases

Page 1 | Dispositive and Daubert Motions

The parties must promptly deliver a courtesy copy of the motion and response to Chambers.

A courtesy copy of the motion and response must be promptly delivered to Chambers.

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

Page 1 | Routine Civil Motions

Adjournment & Extension Requirements

An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.

Parties must use the Stipulated Amended Case Scheduling Order form for any stipulations/proposed orders to amend the Case Scheduling Order, including the current deadline for each event and the proposed deadline for each event, whether or not the proposed order anticipates amendment of each date.

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

Page 1 | Initial Stages — Trial Scheduling Orders

A motion requesting continuation of a trial date must be scheduled as a routine motion.

A motion to continue a trial date shall be scheduled as a routine motion.

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

Page 1 | Motions & Briefing — Routine Motions

A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.

Requests for amendment of scheduling and management orders must be made: (1) by motion; or (2) by joint stipulation to be considered by the Court, if the proposed amendments do not affect any dates requiring Court action (such as hearings on dispositive motions, pretrial conferences, or trial dates).

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

Page 1 | Initial Stages — Trial Scheduling Orders

Failure to meet deadlines without good cause may result in denial of an extension request.

Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions.

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

Page 1 | Initial Stages — Trial Scheduling Orders

An amendment to the Case Scheduling Order requires a Court order entered on an appropriate motion or party stipulation.

Amendments to this Case Order must be by Order of the Court on appropriate motion or stipulation of the parties.

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

Page 1 | CASE SCHEDULING ORDER

Chambers Communication Rules

Counsel should seek possible oral-argument dates and times by email to Judge Miller's Administrative Specialist.

Counsel should obtain possible dates and times for oral argument through Judge Miller's Administrative Specialist at Stephanie.Jackson@Delaware.gov.

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

Page 1 | Motions & Briefing — Dispositive and Daubert Motions

A Court teleconference may be requested by telephone or email to Judge Miller's Administrative Specialist.

A teleconference with the Court may be requested by contacting Judge Miller's Administrative Specialist, Stephanie Jackson at 302-255-0669 or Stephanie.Jackson@Delaware.gov.

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

Page 1 | Communications

A phone or email notice must be given before or promptly after a fax is sent to chambers or the prothonotary.

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. · Civil cases

Page 1 | Communications

Email should not be sent directly to Judge Miller without prior approval or in exigent circumstances.

Emails should not be directed to Judge Miller except (a) with Judge Miller's prior approval or (b) when exigent circumstances exist.

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

Page 1 | Communications

Counsel requesting a Court teleconference is expected to initiate the call.

Counsel requesting a teleconference will be expected to initiate the call.

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

Page 1 | Communications

Parties should contact Chambers by email to obtain a hearing date for a dispositive or Daubert motion.

The parties should contact Chambers via email to obtain a hearing date.

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

Page 1 | Dispositive and Daubert Motions

Questions from lawyers, paralegals, and other legal staff concerning Judge Miller's preferences should be directed to Stephanie Jackson.

Comments or questions from lawyers, paralegals and other legal staff about Judge Miller's preferences are welcome and should be directed to Stephanie Jackson.

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

Page 1 | Communications

Counsel may request an office conference by email to Judge Miller's Administrative Specialist.

Counsel may request an office conference through Judge Miller's Administrative Specialist at stephanie.jackson@delaware.gov.

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

Page 1 | Initial Stages — Initial Scheduling

Parties should contact Chambers by email to obtain a hearing date for dispositive or Daubert motions.

The parties should contact Chambers via email to obtain a hearing date.

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

Page 3 | Dispositive and Daubert Motions

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 Kathleen M. Miller

The Honorable Kathleen M. Miller was appointed to the Superior Court of Delaware by Governor John C. Carney, Jr. on September 27, 2023.

Administrative contact: Stephanie Jackson. Chambers phone: (302) 255-0669. Preference page updated September 8, 2026.

Common questions about Judge Kathleen M. Miller's rules

Are courtesy copies required for Judge Kathleen M. Miller?

Courtesy-copy rule applies for motions and responses. One courtesy copy of both a routine motion and its response must be filed in Chambers.

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

What page or word limits apply to brief before Judge Kathleen M. Miller?

Judge Kathleen M. Miller's rule states these limits: 10 pages; 10 pages. A dispositive or Daubert motion and its response may not exceed 10 pages unless permission was previously granted.

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

What page or word limits apply to reply brief before Judge Kathleen M. Miller?

Judge Kathleen M. Miller's rule states these limits: 6 pages. A reply to a dispositive or Daubert motion may not exceed 6 pages unless permission was previously granted.

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

What formatting rules apply to filings before Judge Kathleen M. Miller?

Judge Kathleen M. Miller's formatting rule includes chambers copies of exhibits must be individually tabbed.. Chambers copies of exhibits submitted with briefs, motions, and letters must be individually tabbed.

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

What must be included with court communication filings before Judge Kathleen M. Miller?

The rule requires case number. Every motion, letter, or email to the Court or its staff must identify the case name, civil action number, and represented party.

View ruleSource: page 1, section Communications

What must be included with correspondence filings before Judge Kathleen M. Miller?

The rule identifies required filing content or certificates. Correspondence must bear the signature of an attorney in the attorney-of-record's law firm and be copied to the opposing counsel or party.

View ruleSource: page 1, section Communications

How may parties contact Judge Kathleen M. Miller's chambers?

A phone or email notice must be given before or promptly after a fax is sent to chambers or the prothonotary.

View ruleSource: page 1, section Communications

How do I request an adjournment or extension before Judge Kathleen M. Miller?

Advance notice is not fully stated in the structured details. A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.

View ruleSource: page 1, section Initial Stages — Trial Scheduling Orders

What filing deadlines does Judge Kathleen M. Miller set?

A routine motion must be filed at least 10 days before the noticed hearing date, excluding weekends and holidays.

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

What rule applies to serving the opposing party before Judge Kathleen M. Miller?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Correspondence must be copied to opposing counsel or the opposing party.

View ruleSource: page 1, section Communications
Complete rules summary for Judge Kathleen M. Miller

Every motion, letter, or email to the Court or its staff must identify the case name, civil action number, and represented party.

Correspondence must bear the signature of an attorney in the attorney-of-record's law firm and be copied to the opposing counsel or party.

Correspondence must be copied to opposing counsel or the opposing party.

A letter requesting Court action must state all parties' positions or explain that opposing counsel or the self-represented party could not be reached.

Requests for Court action should be made by motion accompanied by a Notice of Motion, Certificate of Service, and proposed form of order.

A phone or email notice must be given before or promptly after a fax is sent to chambers or the prothonotary.

A Court teleconference may be requested by telephone or email to Judge Miller's Administrative Specialist.

Counsel requesting a Court teleconference is expected to initiate the call.

Email should not be sent directly to Judge Miller without prior approval or in exigent circumstances.

Administrative emails may be docketed, while substantive emails are docketed and must copy all counsel and include the civil action number.

Questions from lawyers, paralegals, and other legal staff concerning Judge Miller's preferences should be directed to Stephanie Jackson.

The Case Information Statement filed with a complaint or answer should identify related pending Superior Court cases.

Counsel may request an office conference by email to Judge Miller's Administrative Specialist.

Failure to meet deadlines without good cause may result in denial of an extension request.

A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.

An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.

Unless another provision or order specifies otherwise, motions must follow Superior Court Civil Rule 78(b)'s formatting requirements.

Briefs must follow the formatting requirements in Superior Court Civil Rules 107(b), (d), (e), (h), and (j).

Chambers copies of exhibits submitted with briefs, motions, and letters must be individually tabbed.

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

Judge Miller strongly prefers bindings that allow a brief to lie flat when opened.

Appendices may exceed 25 pages when necessary, notwithstanding the NCC Plan.

Counsel are encouraged to use double-sided copying or printing for hard copies submitted to Chambers.

A routine motion must be filed at least 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.

One courtesy copy of both a routine motion and its response must be filed in Chambers.

A motion requesting continuation of a trial date must be scheduled as a routine motion.

Counsel should seek possible oral-argument dates and times by email to Judge Miller's Administrative Specialist.

Movant's counsel must contact Chambers within five days after filing a dispositive or Daubert motion to obtain a hearing date.

One courtesy copy each of a dispositive or Daubert motion, response, and reply must be promptly delivered to Chambers.

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