Court Rules
Judge

Judge Kathleen M. Vavala

Individual Rules, Standing Orders & Policies

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

Limits & Logistics

Document Limits

Motion Or Response
6 pgs
Motion In Limine Or Response
6 pgs
Routine Motion Or Response
4 pgs
Appendix
25 pgs
Routine Motion
4 pgs
Motion
6 pgs

Courtesy Copies

Case Dispositive Motion, Daubert Motions

  • 2 copies • Chambers Drop Off • Upon Filing

Motion

  • 2 copies • Chambers Drop Off • Upon Filing

Motion, Response

  • 2 copies • Upon Filing

Courtesy copies

Court-wide
  • 3 copies

Communication

Email

Chambers

angela.james@delaware.gov
SchedulingEmergencies
Hours: after court hours and over weekends
Email

Clerk

daviana.jimenez@delaware.gov
SchedulingStatus Inquiries
Phone

Chambers

302-255-0668
Scheduling
Phone

Clerk

302-255-0888
Technical Issues
Phone

Clerk

302-255-0166
Scheduling
Phone
Scheduling
Phone

Clerk

Technical Issues
Email
Court-wide

Duty Judge

Emergencies
Filters:AllMandatoryImportantFormattingExhibitsLettersBinders/TabsJuryProposed OrdersMemorandaTRO/Injunction

Page & Word Limits7 rules

Page Limits

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

Motions and responses must be no longer than six pages without prior Court permission and must include all supporting authority.

Motions and responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.

Motion

6 pages

Response

6 pages

Page Limits

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

A routine motion and its response may not exceed four pages and must contain a notice stating the argument or hearing date and time.

The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

Motion

4 pages

Response

4 pages

New Castle De:354b3bc2824e217422452323 · p. 4
|SecRoutine Civil Motions, including Motions to Continue Trial Dates.
Page Limits

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

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

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

Appendix

25 pages

Page Limits

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

All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.

Summary: Motions in limine and responses may not exceed six pages without prior court permission.

Motion In Limine

6 pages

Response

6 pages

New Castle De:354b3bc2824e217422452323 · p. 3
|SecMotions in Limine (other than Daubert Motions)
Page Limits

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

All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.

Summary: A motion in limine and its response are limited to six pages absent prior Court permission and must include all supporting authority.

Motion

6 pages

Response

6 pages

Page Limits

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

The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

Summary: A routine motion and its response may not exceed four pages and must state the argument or hearing date and time.

Motion

4 pages

Response

4 pages

Page Limits

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

Motions and Responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.

Summary: A case-dispositive or Daubert motion and its response are limited to six pages absent prior Court permission and must include all supporting authority.

Motion

6 pages

Response

6 pages

Document Format Requirements7 rules

Formatting

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

Briefs, exhibits, and appendices must be stapled or bound, with lay-flat bindings strongly preferred.

Briefs, exhibits, or appendices must be stapled or bound. Judge Vavala strongly prefers bindings that will permit the brief to lay flat when opened.

Layout & Binding
Binding Style
Securely Bound
Formatting

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

Motions must follow Superior Court Civil Rule 78(b), and briefs must follow specified provisions of Superior Court Civil Rule 107 unless another standing instruction or order applies.

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

Formatting

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.

Formatting

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

Trial exhibits should be placed in a three-ring binder containing a table of contents or exhibit list.

All trial exhibits should be in a three-ring binder with a table of contents or an exhibit list.

Layout & Binding
Binding Style
Three Ring Binder
Formatting

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

Counsel shall provide to the Court one hard copy of the agreed upon set of instructions AND a Microsoft Word (.docx) to Angela.James@delaware.gov by the deadline indicated.

Summary: Counsel must provide the court one hard copy and a Microsoft Word .docx copy of the agreed jury instructions by the stated deadline.

Required Format

DOCX

Formatting

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

The Court strongly discourages any requests submitted in the form of letters or emails.

Summary: The court strongly discourages submitting routine-motion requests as letters or emails.

New Castle De:354b3bc2824e217422452323 · p. 4
|SecRoutine Civil Motions, including Motions to Continue Trial Dates.
Formatting

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

The trial exhibits can be in separate binders for each party or a joint binder.

Summary: Trial exhibits may be placed in separate party binders or in one joint binder.

Layout & Binding
Binding Style
Three Ring Binder

Document Filing Requirements33 rules

Filing Requirements

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

Plaintiff’s counsel must file an interim status report no more than 14 days after ADR, with a copy to Judge’s Chambers.

An interim status report is to be filed by Plaintiff’s counsel no more than 14 days after the ADR has been conducted, with a copy to Judge’s Chambers.

Document Type

Interim Status Report

Specific requirements detailed in rule text.
Filing Requirements

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

The parties must file a stipulation of dismissal with the Prothonotary within 60 days after the court is notified of settlement.

The parties must also file a stipulation of dismissal with the Prothonotary within 60 days of the Court being notified of the settlement.

Document Type

Stipulation Of Dismissal

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:6a3c02852d8fa4791c85c77a · Sep 2026
|SecProposed Orders and Stipulations
Filing Requirements

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

A motion is mandatory when a party requests significant court action, while correspondence may be used for minor requests.

While formal correspondence with the Court may be appropriate for some minor requests, a motion must be filed if any significant court action is requested.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

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

Every Delaware attorney or self-represented litigant must sign a stipulation and proposed order before the Court will consider it.

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

Document Type

Stipulation

Specific requirements detailed in rule text.
New Castle De:6a3c02852d8fa4791c85c77a · Sep 2026
|SecProposed Orders and Stipulations
Filing Requirements

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

A proposed order must be uploaded as a separate document and include a signature line for Judge Vavala.

A proposed order must be uploaded separately from other documents and must include a line for Judge Vavala signature.

Document Type

Proposed Order

Content & Formatting
Proposed Order
New Castle De:6a3c02852d8fa4791c85c77a · Sep 2026
|SecProposed Orders and Stipulations
Filing Requirements

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
Filing Requirements

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

The Certificate of Service must identify every opposing attorney and pro se litigant.

The Certificate of Service must include all opposing names of all counsel of record and/or any pro se litigant(s).

Document Type

Certificate Of Service

Content & Formatting
Certificate Of Service
Filing Requirements

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

The proposed-order filing must be linked to the documents to which the order 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:6a3c02852d8fa4791c85c77a · Sep 2026
|SecProposed Orders and Stipulations
Filing Requirements

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

A request for Court action must be filed as a motion with a Notice of Motion, motion, Certificate of Service, and proposed form of order.

Requests for Court action should be submitted in the form of a motion and include: a Notice of Motion, Motion, Certificate of Service, and proposed Form of Order.

Document Type

Motion

Content & Formatting
Certificate Of Service
Proposed Order
Filing Requirements

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

The Notice of Motion must identify whether the hearing will use Courtscribes or an in-person courtroom.

Please indicate on the Notice of Motion whether the hearing will be scheduled via Courtscribes or as in-person hearing via a Courtroom.

Document Type

Notice Of Motion

Specific requirements detailed in rule text.
Filing Requirements

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

A disputed or alternative proposed jury instruction must explain the objection with supporting legal authority and include the 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

Specific requirements detailed in rule text.
Filing Requirements

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

A motion must state every party's position or explain that opposing counsel or the self-represented party could not be reached; otherwise it will be rejected.

All requests for court action must state the position of all parties or represent that opposing counsel or self-represented party could not be reached. FAILURE to state opposing party's position will be rejected by the Court.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

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

All correspondence with the Court or its staff must identify the case, case number, and represented party.

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

Document Type

Court Correspondence

Content & Formatting
Caption
Case Number
Filing Requirements

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

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

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

Document Type

ADR Scheduling Notice

Specific requirements detailed in rule text.
Filing Requirements

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

Motions in limine and responses must include all supporting authority.

All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.

Document Type

Motion In Limine Or Response

Specific requirements detailed in rule text.
New Castle De:354b3bc2824e217422452323 · p. 3
|SecMotions in Limine (other than Daubert Motions)
Filing Requirements

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

Motions and responses must include all supporting authority.

Motions and responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.

Document Type

Motion Or Response

Specific requirements detailed in rule text.
Filing Requirements

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

The proposed pretrial order must state whether motions in limine have been filed and identify the evidentiary issue to be resolved.

indicate whether any motions in limine have been filed and the evidentiary issue sought to be resolved; and

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

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

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

identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable;

Document Type

Proposed Order

Content & Formatting
Exhibit List
Filing Requirements

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

A trial-exhibit binder must or should include a table of contents or an exhibit list.

All trial exhibits should be in a three-ring binder with a table of contents or an exhibit list.

Document Type

Exhibits

Content & Formatting
Exhibit List
Table Of Contents
Filing Requirements

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

Trial exhibits must be pre-marked.

Exhibits must be pre-marked.

Document Type

Exhibits

Specific requirements detailed in rule text.
Filing Requirements

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

The proposed pretrial order must include any special voir dire questions a party proposes to ask the jury panel.

include any special voir dire questions any party proposes to ask of the jury panel.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

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

The proposed pretrial order must cover the matters specified in Form 46 of the Superior Court Civil Rules appendix.

cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of the Superior Court Civil Rules;

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

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

Every motion and response should include a proposed form of order.

All motions and responses should be accompanied by a proposed form of order.

Document Type

Motion

Content & Formatting
Proposed Order
Filing Requirements

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

A fully effective stipulation that requires no judicial signature should be filed with the document type "Stipulation" and will not enter judicial review.

If the Stipulation is fully effectuated and does not need the judge's signature to be implemented, the document type should be "Stipulation" - this document type does not put the document into judicial review.

Document Type

Stipulation

Specific requirements detailed in rule text.
New Castle De:6a3c02852d8fa4791c85c77a · Sep 2026
|SecProposed Orders and Stipulations
Filing Requirements

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

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

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 Requirements

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

The original motion and any response thereto shall be filed with the Prothonotary’s Office with a notice page indicating the argument or hearing date and time.

Summary: An original motion and any response must be filed with a notice page stating the argument or hearing date and time.

Document Type

Motion Or Response

Content & Formatting
Caption
Filing Requirements

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

The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

Summary: A routine motion and its response must include a notice indicating the argument or hearing date and time.

Document Type

Routine Motion Or Response

Content & Formatting
Caption
New Castle De:354b3bc2824e217422452323 · p. 4
|SecRoutine Civil Motions, including Motions to Continue Trial Dates.
Filing Requirements

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

An appeal will not be processed until the appropriate fees are paid or waived by the Court and the transcript is received from the administrative body or court below.

Summary: An administrative appeal will not proceed until the lower tribunal's transcript is received.

Document Type

Administrative Appeal Transcript

Specific requirements detailed in rule text.
Filing Requirements

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

All motions must be signed by an attorney in the law firm of the Delaware attorney of record. The signature block must include the law firm's name, attorney(s) email address(es) and telephone number.

Summary: Each motion must bear an attorney of the Delaware attorney's law firm's signature, and its signature block must include the firm's name and attorney email and telephone information.

Document Type

Motion

Specific requirements detailed in rule text.
Filing Requirements

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

Trial counsel, including pro hac vice counsel, and pro se litigants must attend the Pretrial Conference.

Summary: Trial counsel, including pro hac vice counsel, and pro se litigants must attend the pretrial conference.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing Requirements

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

Motions and Responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.

Summary: A case-dispositive or Daubert motion and its response must include all supporting authority.

Document Type

Case Dispositive Motion

Specific requirements detailed in rule text.
Filing Requirements

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

The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

Summary: A routine motion and its response must include notice of the argument or hearing date and time.

Document Type

Routine Motion

Specific requirements detailed in rule text.

Filing & Service rules

Filing Timing and Cure Windows

The stipulation of dismissal must be filed within 60 days after the court is notified of settlement.

The parties must also file a stipulation of dismissal with the Prothonotary within 60 days of the Court being notified of the settlement.

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

Page 2 | SETTLEMENT NEGOTIATIONS

The interim status report must be filed no more than 14 days after the ADR is conducted.

An interim status report is to be filed by Plaintiff’s counsel no more than 14 days after the ADR has been conducted, with a copy to Judge’s Chambers.

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

Page 2 | INTERIM STATUS REPORT

All motions in limine and motions to exclude testimony must be filed by the indicated deadline.

All motions in limine (or any motion to exclude all or part of a witness’s testimony) shall be filed no later than the deadline indicated.

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

Page 3 | Motions in Limine (other than Daubert Motions)

Unless a case-specific order states otherwise, a response to a motion in limine is due within seven business days.

Unless a specific order entered in this case provides otherwise, a response is due no later than seven business days after the filing of the motion in limine.

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

Page 3 | Motions in Limine (other than Daubert Motions)

A response to a motion is due within 14 business days after the motion is filed.

Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion.

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

Page 3 | MOTIONS

The completed pretrial stipulation must be received by the court by the indicated deadline.

The completed pretrial stipulation must be received by the Court on or before the deadline indicated.

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

Page 4 | PRETRIAL STIPULATION

A routine-motion response is due at the earlier of seven days after filing, excluding weekends and holidays, or noon on the Friday before the motion date.

Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier, unless otherwise ordered.

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

Page 1 | Motions & Briefing

Case-dispositive and Daubert motions must be filed by their CSO deadlines unless exceptional circumstances justify a late filing.

All case dispositive and Daubert motions shall be filed no later than the deadlines indicated on the CSO. The Court will not consider motions filed after those dates absent exceptional circumstances.

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

Page 1 | Motions & Briefing

The Courtscribes courtesy link must be sent to Chambers and the Civil Case Manager no later than five days before the hearing.

A courtesy link shall be sent to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimenez at Daviana.Jimenez@delaware.gov. no later than 5 days before the hearing.

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

Page 1 | Communications with the Court

A motion in limine or related motion must be filed by the CSO deadline or 45 days before the pretrial conference.

Motions in Limine (or any motion to exclude all or part of a document, recording, witness's testimony, etc.) must be filed no later than the CSO deadline or 45 days before the Pretrial Conference.

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

Page 1 | Motions & Briefing

Motion-in-limine and related exclusion motions must be filed by the CSO deadline unless exceptional circumstances justify lateness.

All motions in Limine (or any motion to exclude all or part of a witness's testimony) shall be filed no later than the deadline indicated on the CSO. The Court will not consider motions filed after that date absent exceptional circumstances.

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

Page 1 | Motions & Briefing

Absent a specific order, the response to a motion in limine is due within seven business days.

Unless a specific order provides otherwise, a response is due no later than seven business days after the filing of the motion in limine.

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

Page 1 | Motions & Briefing

All discovery must be initiated so that it is completed no later than the applicable deadlines.

All discovery shall be initiated such that it will be completed no later than the deadlines.

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

Page 2 | DISCOVERY

Failure to respond timely may cause the motion to be deemed unopposed.

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

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

Page 3 | MOTIONS

If no timely response is filed, the court may deem the motion unopposed and grant it before the hearing, with notice to the parties.

If no response is filed within the deadline, the Court may deem the motion unopposed, grant the motion before the hearing date, and will so notify the parties.

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

Page 4 | Routine Civil Motions, including Motions to Continue Trial Dates.

Failure to comply with the order’s deadlines may result in waiver of objections or sanctions against the responsible parties.

Failure to comply with deadlines established in this order may result in the Court considering objections waived by the non-complying party and/or the imposition of appropriate sanctions upon the responsible party or parties.

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

Page 4 | PRETRIAL STIPULATION

A routine-motion response is due by whichever is earlier, seven business days after filing or noon on the Friday before the motion date.

Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier.

Not confirmed. Read the court's wording below.

Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.

Routine civil motions must be filed ten business days before the noticed hearing.

Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.

Not confirmed. Read the court's wording below.

Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.

A response to a case-dispositive or Daubert motion is due within 14 business days after filing unless the Court orders otherwise.

Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion unless otherwise ordered.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing

A routine motion must be filed ten days before the noticed hearing, excluding weekends and holidays.

Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing

In represented civil cases, counsel must contact Courtscribes and send a courtesy link to Chambers and the Civil Case Manager within five days before the hearing.

Civil cases involving represented parties should contact Courtscribes to set up the hearing and send a courtesy link to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimeniz at Daviana.Jimenez@delaware.gov within 5 days of the hearing.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing

The court will not consider a motion in limine filed after the deadline unless exceptional circumstances exist.

The Court will not consider motions filed after that date absent exceptional circumstances.

Not confirmed. Read the court's wording below.

Page 3 | Motions in Limine (other than Daubert Motions)

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

Within five days from the date of receiving that draft, Defendant’s counsel shall provide Plaintiff’s counsel with comments on the Plaintiff’s draft and the information the Defendant proposes to include.

Not confirmed. Read the court's wording below.

Page 4 | PRETRIAL STIPULATION

Plaintiff’s counsel must send Defendant’s counsel a draft pretrial stipulation at least 15 days before the pretrial conference.

At least 15 days before the Pretrial Conference, Plaintiff’s counsel shall forward to Defendant’s counsel a draft of the pretrial stipulation with the information Plaintiff proposes to include.

Not confirmed. Read the court's wording below.

Page 4 | PRETRIAL STIPULATION

Service and Proof of Service Rules

Demonstratives responding to first-time trial testimony must be provided to the opposing party as early as possible.

Demonstratives to be used during trial in response to testimony that was given for the first time at trial, must be provided to the opposing party at the earliest possible time.

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

Page 1 | Pretrial

Counsel must provide planned demonstrative evidence to the opposing party three business days before trial.

Counsel intending to use demonstrative evidence must provide the opposing party with same 3 business days before trial.

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

Page 1 | Pretrial

All correspondence with the Court must copy every Delaware attorney of record.

All correspondence must also copy all Delaware counsel of record.

Not confirmed. Read the court's wording below.

Page 1 | Communications with the Court

Filing Fees and Waivers

An administrative appeal will not proceed until the proper fee is paid or waived and the lower tribunal's transcript is received.

An appeal will not be processed until the appropriate fees are paid or waived by the Court and the transcript is received from the administrative body or court below.

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

Page 1 | Initial Stages a Civil Case

Counsel must arrange and pay for a court-certified interpreter for all required court appearances.

Counsel is responsible for paying for and coordinating the appearance of a court-certified interpreter for all court appearances.

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

Page 1 | Pretrial

The trial fee is due by the Pretrial Conference; if unpaid within two business days after the conference, the case may be removed from the trial calendar until payment.

The trial fee shall be paid no later than the Pretrial Conference. If the trial fee is not paid within two business days of the Pretrial Conference, the case will be removed from the Court’s trial calendar. A new date will be scheduled upon payment of the fee.

Not confirmed. Read the court's wording below.

Page 5 | PRETRIAL CONFERENCE

Courtesy Copy Requirements

Two courtesy copies, including exhibits, must be delivered to Judge Vavala’s chambers when a motion or response is filed.

Two courtesy copies (with exhibits) of motions and responses must also be delivered to Judge Vavala in Chambers at the time of filing.

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

Page 3 | MOTIONS

Two contemporaneous hard-copy courtesy copies of each motion should be delivered to Judge Vavala's Chambers when the motion is filed with the New Castle Prothonotary.

Motions must be filed with the New Castle Prothonotary's Office and two (2) hard copy courtesy copies should contemporaneously be provided to Judge Vavala's Chambers.

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

Page 1 | Motions & Briefing

For case-dispositive and Daubert matters, two courtesy copies of the motion or response and exhibits must be delivered to Chambers when filed.

Two courtesy copies (with exhibits) of motions and responses must also be delivered to Judge Vavala's Chambers at the time of filing.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing

Pre-Motion Conference Requirements

A motion in limine must be filed at least 45 days before the pretrial conference and noticed for presentation there.

Motions in limine must be filed at least 45 days before the Pretrial Conference, shall be noticed for presentation at the Pretrial Conference, and will be resolved (if appropriate) at that time.

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

Page 3 | Motions in Limine (other than Daubert Motions)

Further briefing and hearings on motions will occur only as ordered by the court.

Further briefing and or hearings will be as ordered by the Court.

Not confirmed. Read the court's wording below.

Page 3 | MOTIONS

Replies and surreplies are not permitted without prior court permission.

No replies or surreplies are permitted, without prior permission by the Court.

Not confirmed. Read the court's wording below.

Page 3 | MOTIONS

No reply is permitted; the Court will order any further briefing on the motion.

No Reply is permitted. Further briefing on the motion will be as ordered by the Court.

Not confirmed. Read the court's wording below.

Page 4 | Routine Civil Motions, including Motions to Continue Trial Dates.

Judge Vavala’s routine motion calendar is held on Thursday at 9:00 a.m.

Judge Vavala’s weekly routine motion calendar is on Thursday at 9:00 a.m.

Not confirmed. Read the court's wording below.

Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.

Adjournment & Extension Requirements

Any amendment or modification to the scheduled event deadlines requires court approval.

Any amendments or modifications to the event deadlines established in this Order will require Court approval.

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

Page 1 | CASE SCHEDULING ORDER

The court will not consider an extension request submitted after the applicable deadline.

The Court will not consider a request for an extension submitted after the deadline expires.

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

Page 2 | DISCOVERY

Unjustified failure to meet CSO deadlines may result in denial of an extension.

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

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

Page 1 | Case Scheduling Orders ("CSOs")

Chambers Communication Rules

Plaintiff’s counsel must immediately notify chambers by email when the case settles.

If the case settles, Plaintiff’s counsel shall notify chambers immediately by email to Angela.James@delaware.gov.

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

Page 2 | SETTLEMENT NEGOTIATIONS

A party seeking argument or a hearing on the motion must contact Angela James at Angela.James@delaware.gov or 302-255-0668 to obtain a date and time.

If either party desires argument or a hearing on the motion, the party must contact Angela James Angela.James@delaware.gov or 302-255-0668 to obtain a date and time for same.

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

Page 1 | Motions & Briefing

Emails to the Court must copy all Delaware counsel of record and Judge Vavala's Judicial Assistant.

Email messages must be copied to all Delaware counsel of record and Judge Vavala's Judicial Assistant, Angela James, at Angela.James@delaware.gov.

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

Page 1 | Communications with the Court

Administrative email may be sent to Court staff when counsel represents all parties and copies them, but direct email to Judge Vavala should be used only when staff communication is inappropriate.

Administrative email messages may be sent to Court staff if all parties are represented by counsel and are copied on the email. Administrative email messages should not be sent to Judge Vavala directly unless they are not appropriate to send to Court staff. Administrative emails may be docketed.

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

Page 1 | Communications with the Court

Email to Judge Vavala or her staff after court hours or over weekends is generally inappropriate.

Emails sent after court hours and over weekends to Judge Vavala or her staff are generally not appropriate.

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

Page 1 | Communications with the Court

The requesting counsel must initiate a teleconference, and plaintiffs must initiate it when the conference is jointly requested.

Counsel requesting a teleconference will be expected to initiate the call. If the conference is jointly requested, plaintiff(s) are directed to initiate the call.

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

Page 1 | Communications with the Court

A fax to Chambers or the Prothonotary must be announced in advance or promptly afterward by phone or email to the Administrative Specialist or Civil Case Manager.

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.

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

Page 1 | Communications with the Court

Trial-related substantive emails should be sent to the Judicial Assistant and appropriate case manager with a copy to Judge Vavala, and all substantive emails are docketed.

But to the extent such emails pertain to a case in trial (or immediately pending trial), such emails should be directed to Judge Vavala's Judicial Assistant at Angela.James@delaware.gov, and the appropriate civil or criminal judicial case manager, with a copy to Judge Vavala. All substantive emails are docketed.

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

Page 1 | Communications with the Court

Scheduling and hearing requests should be submitted to Judge Vavala's Judicial Assistant by email or phone.

To set up a case scheduling conference, status conference, pretrial conference, dispositive motion argument, or miscellaneous hearing, please contact Judge Vavala's Judicial Assistant, Angela James at Angela.James@delaware.gov or 302-255-0668.

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

Page 1 | Communications with the Court

Questions and comments from lawyers, paralegals, and other legal staff about Judge Vavala's preferences should be directed to her Judicial Assistant.

Comments or questions from lawyers, paralegals, and other legal staff about Judge Vavala's preferences are welcome and should be directed to Judge Vavala's Judicial Assistant.

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

Page 1 | Communications with the Court

Counsel must contact Judge Vavala's Civil Case Manager to schedule a routine motion hearing.

Please contact Judge Vavala's Civil Case Manager Daviana.Jimenez@delaware.gov to schedule a motion hearing date.

Not confirmed. Read the court's wording below.

Page 1 | Motions & Briefing

After a hearing date is established, counsel must contact Courtscribes to arrange the teleconference or videoconference.

Once a hearing date has been established, Counsel must take the lead to set up the conference by contacting Courtscribes at: scheduling.courtscribes.com.

Not confirmed. Read the court's wording below.

Page 1 | Communications with the Court

A party seeking argument or a hearing on a dispositive or Daubert motion must contact Judge Vavala’s Chambers by email to obtain the date and time.

If either party desires argument or a hearing on the motion, the party must contact Angela.James@delaware.gov in Judge Vavala’s Chambers to obtain a date and time for same.

Not confirmed. Read the court's wording below.

Page 2 | MOTIONS

Substantive email may be sent directly to Judge Vavala only with advance approval or when exigent circumstances require it.

Substantive email messages may be directed to Judge Vavala: (a) with her advance approval or (b) where exigent circumstances so require.

Not confirmed. Read the court's wording below.

Page 1 | Communications with the Court

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

If counsel belatedly realize that the Case Information Statement omitted reference to another pending case and that the subsequent civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the subsequently filed case.

Not confirmed. Read the court's wording below.

Page 1 | Initial Stages a Civil Case

Only Delaware counsel, excluding legal staff and pro hac vice counsel, may communicate directly with Judge Vavala.

Only Delaware counsel, not legal staff or counsel admitted pro hac vice, may write directly to Judge Vavala.

Not confirmed. Read the court's wording below.

Page 1 | Communications with the Court

Counsel seeking particular courtroom technology should contact the Court Security Officers' Office at least one week before the trial or hearing.

Counsel desiring a courtroom with specific technology support should contact the Court Security Officers' Office at (302) 255-0888 at least a week before the trial or hearing.

Not confirmed. Read the court's wording below.

Page 1 | Pretrial

Pro hac vice counsel may be permitted to participate in the pretrial conference by phone for good cause, such as distance or case nature, if the Court gives prior permission.

For good cause, such as distance and/or the nature of the case, pro hac vice counsel may be permitted to participate by phone, with prior permission from the Court.

Not confirmed. Read the court's wording below.

Page 1 | Pretrial

Appellant's counsel should notify the Court in writing of an unusual delay in preparing the record.

If there is an unusual delay in the preparation of the record, counsel for appellant(s) should write to the Court to advise of the problem.

Not confirmed. Read the court's wording below.

Page 1 | Initial Stages a Civil Case

Counsel requiring an interpreter must contact the Court Interpreter Coordinator at the listed number.

Counsel requiring use of an interpreter shall contact the Court Interpreter Coordinator at (302) 255-0166.

Not confirmed. Read the court's wording below.

Page 1 | Pretrial

A self-represented party may not use email to communicate with the Court absent Judge Vavala's prior authorization.

Email is not appropriate when a party is self-represented unless previously authorized by Judge Vavala.

Not confirmed. Read the court's wording below.

Page 1 | Communications with the Court

Teleconferences and videoconferences are generally appropriate for routine proceedings, require Court permission for some dispositive matters, and are generally inappropriate for criminal and pro se cases.

Teleconferences or videoconferences are appropriate for most status conferences, pretrial conferences, routine motions, and some miscellaneous matters before the Court. They may also be appropriate for some dispositive motions or hearings, but only with the Court's permission. They are generally not appropriate for cases involving pro se litigants or criminal cases.

Not confirmed. Read the court's wording below.

Page 1 | Communications with the Court

Judge Vavala’s Civil Case Manager may be contacted by email at Daviana.Jimenez@delaware.gov to schedule routine motions.

Please contact Judge Vavala’s Civil Case Manager to schedule: Daviana.Jimenez@delaware.gov.

Not confirmed. Read the court's wording below.

Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.

Counsel must collaborate with Judge Vavala’s Civil Case Manager by email to discuss evidence formatting.

Counsel shall collaborate with Judge Vavala’s Civil Case Manager, Daviana.Jimenez@delaware.gov to discuss formatting of the evidence.

Not confirmed. Read the court's wording below.

Page 4 | EXHIBITS

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. Vavala

The Honorable Kathleen M. Vavala was appointed to the Superior Court of Delaware by John C. Carney, Jr. on May 15, 2024.

Administrative contact: Angela James. Chambers phone: (302) 255-0668. Preference page updated September 8, 2026.

Common questions about Judge Kathleen M. Vavala's rules

Are courtesy copies required for Judge Kathleen M. Vavala?

Courtesy-copy rule applies for motions and responses. Details: 2 copies, delivery upon filing. Two courtesy copies, including exhibits, must be delivered to Judge Vavala’s chambers when a motion or response is filed.

View ruleSource: page 3, section MOTIONS

Does Judge Kathleen M. Vavala require a pre-motion conference or letter before filing a motion?

Judge Kathleen M. Vavala's rules set a pre-motion procedure for covered motions. A motion in limine must be filed at least 45 days before the pretrial conference and noticed for presentation there.

View ruleSource: page 3, section Motions in Limine (other than Daubert Motions)

What page or word limits apply to motion or response before Judge Kathleen M. Vavala?

Judge Kathleen M. Vavala's rule states these limits: 6 pages; 6 pages. Motions and responses must be no longer than six pages without prior Court permission and must include all supporting authority.

View ruleSource: page 3, section MOTIONS

What page or word limits apply to motion in limine or response before Judge Kathleen M. Vavala?

Judge Kathleen M. Vavala's rule states these limits: 6 pages; 6 pages. Motions in limine and responses may not exceed six pages without prior court permission.

View ruleSource: page 3, section Motions in Limine (other than Daubert Motions)

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

Judge Kathleen M. Vavala's formatting rule includes file format docx and one hard copy of the agreed upon set of instructions. Counsel must provide the court one hard copy and a Microsoft Word .docx copy of the agreed jury instructions by the stated deadline.

View ruleSource: page 5, section JURY INSTRUCTIONS

What must be included with stipulation of dismissal filings before Judge Kathleen M. Vavala?

The rule identifies required filing content or certificates. The parties must file a stipulation of dismissal with the Prothonotary within 60 days after the court is notified of settlement.

View ruleSource: page 2, section SETTLEMENT NEGOTIATIONS

What must be included with interim status report filings before Judge Kathleen M. Vavala?

The rule identifies required filing content or certificates. Plaintiff’s counsel must file an interim status report no more than 14 days after ADR, with a copy to Judge’s Chambers.

View ruleSource: page 2, section INTERIM STATUS REPORT

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

The rule addresses email communications with Judge Kathleen M. Vavala's chambers. The rule lists email Angela.James@delaware.gov. Plaintiff’s counsel must immediately notify chambers by email when the case settles.

View ruleSource: page 2, section SETTLEMENT NEGOTIATIONS

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

Advance notice is not fully stated in the structured details. Any amendment or modification to the scheduled event deadlines requires court approval.

View ruleSource: page 1, section CASE SCHEDULING ORDER

Are filing fees or waivers addressed before Judge Kathleen M. Vavala?

A fee is required for covered filings. The trial fee is due by the Pretrial Conference; if unpaid within two business days after the conference, the case may be removed from the trial calendar until payment.

View ruleSource: page 5, section PRETRIAL CONFERENCE

What filing deadlines does Judge Kathleen M. Vavala set?

The stipulation of dismissal must be filed within 60 days after the court is notified of settlement.

View ruleSource: page 2, section SETTLEMENT NEGOTIATIONS

What rule applies to service for court correspondence before Judge Kathleen M. Vavala?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. All correspondence with the Court must copy every Delaware attorney of record.

View ruleSource: page 1, section Communications with the Court
Complete rules summary for Judge Kathleen M. Vavala

Trial exhibits must be pre-marked.

Failure to respond timely may cause the motion to be deemed unopposed.

Any amendment or modification to the scheduled event deadlines requires court approval.

Plaintiff’s counsel must immediately notify chambers by email when the case settles.

The parties must file a stipulation of dismissal with the Prothonotary within 60 days after the court is notified of settlement.

The stipulation of dismissal must be filed within 60 days after the court is notified of settlement.

All discovery must be initiated so that it is completed no later than the applicable deadlines.

The court will not consider an extension request submitted after the applicable deadline.

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

Plaintiff’s counsel must file an interim status report no more than 14 days after ADR, with a copy to Judge’s Chambers.

The interim status report must be filed no more than 14 days after the ADR is conducted.

A party seeking argument or a hearing on a dispositive or Daubert motion must contact Judge Vavala’s Chambers by email to obtain the date and time.

An original motion and any response must be filed with a notice page stating the argument or hearing date and time.

Two courtesy copies, including exhibits, must be delivered to Judge Vavala’s chambers when a motion or response is filed.

A response to a motion is due within 14 business days after the motion is filed.

Motions and responses must be no longer than six pages without prior Court permission and must include all supporting authority.

Motions and responses must include all supporting authority.

Replies and surreplies are not permitted without prior court permission.

Further briefing and hearings on motions will occur only as ordered by the court.

All motions in limine and motions to exclude testimony must be filed by the indicated deadline.

The court will not consider a motion in limine filed after the deadline unless exceptional circumstances exist.

A motion in limine must be filed at least 45 days before the pretrial conference and noticed for presentation there.

Unless a case-specific order states otherwise, a response to a motion in limine is due within seven business days.

Motions in limine and responses may not exceed six pages without prior court permission.

Motions in limine and responses must include all supporting authority.

Judge Vavala’s routine motion calendar is held on Thursday at 9:00 a.m.

Judge Vavala’s Civil Case Manager may be contacted by email at Daviana.Jimenez@delaware.gov to schedule routine motions.

Routine civil motions must be filed ten business days before the noticed hearing.

Failure to comply with the order’s deadlines may result in waiver of objections or sanctions against the responsible parties.

A routine-motion response is due by whichever is earlier, seven business days after filing or noon on the Friday before the motion date.

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