Judge Jennifer L. Hall
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 2 copies • Upon Filing
Brief, Appendix, Exhibit, Declaration, Affidavit
- 2 copies • Upon Filing
Brief, Exhibits, Appendices, Declarations, Affidavits
- 2 copies • Upon Filing
Courtesy copies
- 1 copy • Email • With Submission
Communication
Chambers
Page & Word Limits25 rules
Machine summary. Not checked yet.Mandatory?
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font
Summary: Moving party's discovery dispute letter is limited to 3 pages.
Discovery Dispute Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages
Summary: Summary judgment motions must include a concise statement of facts limited to 6 pages.
Concise Statement Of Facts
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.
Summary: Opposing party's response to moving party's concise statement is limited to 6 pages.
Summary Judgment Response
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis.
Summary: Moving party's reply response to opposing party's concise statement is limited to 4 pages.
Summary Judgment Reply
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
Summary: Opposing party's separate concise statement of additional facts is limited to 4 pages.
Summary Judgment Opposing Statement
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply).
Summary: In limine request argument limited to 3 pages, opposition 3 pages, reply 1 page; combined submissions if multiple parties.
Motion In Limine Request
3 pages
Applies to: Attorney
Motion In Limine Opposition
3 pages
Applies to: Attorney
Motion In Limine Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. ... any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
Summary: Discovery dispute letters are limited to 3 pages for both the initial request and the opposition.
Discovery Dispute Letter
3 pages
Applies to: Attorney
Opposition Discovery Dispute Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on __________, 20___. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________, 20___.
Summary: Claim construction briefs have page limits: opening 20, answering 30, reply 20, sur-reply 10.
Opening Claim Construction Brief
20 pages
Applies to: Attorney
Answering Claim Construction Brief
30 pages
Applies to: Attorney
Reply Claim Construction Brief
20 pages
Applies to: Attorney
Sur Reply Claim Construction Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.
Summary: Opposing party's response to concise statement is limited to 6 pages.
Response To Concise Statement
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
Summary: Opposing party's additional concise statement of facts is limited to 4 pages.
Additional Concise Statement
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
Summary: Moving party's reply to opposing party's concise statement is limited to 4 pages.
Reply To Concise Statement
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each side will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs.
Summary: Each side limited to 40 pages for all opening briefs, 40 pages for all answering briefs, and 20 pages for all reply briefs on case dispositive motions (without Daubert).
Opening Brief
40 pages
Applies to: Attorney
Answering Brief
40 pages
Applies to: Attorney
Reply Brief
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried.
Summary: Moving party's concise statement of facts for summary judgment is limited to 6 pages.
Concise Statement
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.
Summary: Total briefing pages for both sides combined on case dispositive and Daubert motions must not exceed 250 pages.
Brief
250 pages
Machine summary. Not checked yet.Mandatory?
the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each side.
Summary: If Daubert motions are also filed, each side limited to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs on case dispositive and Daubert motions.
Opening Brief
50 pages
Applies to: Attorney
Answering Brief
50 pages
Applies to: Attorney
Reply Brief
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
[For non-ANDA cases] Unless otherwise ordered by the Court, all sides are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed.
Summary: Post-trial motion briefs limited to 20 pages (opening), 20 pages (answering), and 10 pages (reply) for non-ANDA cases.
Opening Brief
20 pages
Answering Brief
20 pages
Reply Brief
10 pages
Machine summary. Not checked yet.Mandatory?
Each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one additional page in reply in support of its request.
Summary: In limine support limited to 3 pages, opposition to 3 pages, reply to 1 page.
In Limine Support
3 pages
Applies to: Attorney
In Limine Opposition
3 pages
Applies to: Attorney
In Limine Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three page submission (and, if the moving party, a single one page reply), unless otherwise ordered by the Court.
Summary: When multiple parties support or oppose an in limine request, combined submission limited to 3 pages; combined reply limited to 1 page.
In Limine Combined Support Opposition
3 pages
Applies to: Attorney
In Limine Combined Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends...
Summary: Summary judgment motions must include a concise statement of facts not exceeding 6 pages.
Concise Statement Of Facts
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
Summary: Moving party's reply response to opposing party's concise statement limited to 4 pages.
Reply To Concise Statement
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.
Summary: Opposing party's response to moving party's concise statement limited to 6 pages.
Response To Concise Statement
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by the Court.
Summary: When multiple parties support or oppose an in limine request, they must combine into a single 3-page submission (or 1-page reply for moving party).
In Limine Support Combined
3 pages
Applies to: Attorney
In Limine Reply Combined
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one additional page in reply in support of its request.
Summary: In limine support limited to 3 pages, opposition 3 pages, reply 1 page.
In Limine Support
3 pages
Applies to: Attorney
In Limine Opposition
3 pages
Applies to: Attorney
In Limine Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
Summary: Opposing party's separate concise statement of facts limited to 4 pages.
Separate Concise Statement
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Note?
On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font
Summary: Opposing party's discovery dispute opposition letter is limited to 3 pages.
Discovery Dispute Opposition Letter
3 pages
Applies to: Attorney
Document Format Requirements3 rules
Machine summary. Not checked yet.Mandatory?
shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, emailed to egt_civil@ded.uscourts.gov.
Summary: Courtesy copies must be accompanied by electronic files in Microsoft Word format emailed to egt_civil@ded.uscourts.gov.
DOCX
Machine summary. Not checked yet.Important?
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font
Summary: Moving party's discovery dispute letter must be in 12-point font.
Machine summary. Not checked yet.Note?
On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font
Summary: Opposing party's discovery dispute opposition letter must be in 12-point font.
Document Filing Requirements38 rules
Machine summary. Not checked yet.Mandatory?
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party's position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute.
Summary: Moving party must file a letter (max 3 pages, 12-point font) at least 72 hours before the discovery conference, with exhibits including a proposed order and discovery requests/responses.
Document Type
Discovery Dispute Letter
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages
Summary: Summary judgment motions must be accompanied by a concise statement of facts.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
Any such motion shall attach the proposed amended pleading (as well as a 'redline' comparison to the prior pleading) or the document proposed to be stricken.
Summary: Motions to amend must attach the proposed amended pleading and a redline comparison; motions to strike must attach the document to be stricken.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Except as otherwise specified herein, any application to the Court shall be by written motion. Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.
Summary: Applications must be by written motion; non-dispositive motions must include Local Rule 7.1.1 statement.
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Mandatory?
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Summary: All in limine requests and responses must be included in the proposed pretrial order.
Document Type
Proposed Pretrial Order
Machine summary. Not checked yet.Mandatory?
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Summary: Moving party's concise statement of material facts must use separate numbered paragraphs with specific record citations.
Document Type
Summary Judgment Concise Statement
Machine summary. Not checked yet.Mandatory?
The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.
Summary: Proposed final pretrial order must contain a table of contents and numbered paragraphs.
Document Type
Proposed Pretrial Order
Machine summary. Not checked yet.Mandatory?
Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.
Summary: Each side is limited to 3 in limine requests.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Any motion to amend shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.
Summary: Motions to amend must attach the proposed amended pleading and a blackline comparison to the prior pleading.
Document Type
Motion To Amend
Machine summary. Not checked yet.Mandatory?
Any motion to strike shall attach the document sought to be stricken.
Summary: Motions to strike must attach the document sought to be stricken.
Document Type
Motion To Strike
Machine summary. Not checked yet.Mandatory?
This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.
Summary: Discovery dispute letters must include a proposed order and, if applicable, the disputed discovery requests and responses.
Document Type
Discovery Dispute Letter
Machine summary. Not checked yet.Mandatory?
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. If a party proposes a construction of a term to be its “plain and ordinary” meaning, the party must explain what that meaning is and how it differs from the other party’s proposed construction.
Summary: Joint Claim Construction Chart must identify disputed terms and include each party's proposed construction with citations only to intrinsic evidence, with additional explanation for 'plain and ordinary' meaning proposals.
Document Type
Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
The amended Joint Claim Construction Chart shall be filed with a letter identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred, and how long it lasted. If no additional agreements on constructions were reached or if no dispute was narrowed, the letter shall so state.
Summary: The amended Joint Claim Construction Chart must be accompanied by a letter detailing the meet and confer participants, timing, method, duration, and any agreements reached.
Document Type
Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
For each term in dispute, there should be a table setting forth the term in dispute and the parties' competing constructions. If a party proposes a construction of a term to be its "plain and ordinary" meaning, the party must explain what that meaning is and how it differs from the other party's proposed construction. The parties' briefing must also explain how resolution of the dispute is relevant to an issue in the case. The parties need not include any general summaries of the law relating to claim construction. The parties shall include a joint appendix that contains a copy of the patent(s) at issue, all relevant intrinsic evidence, and any other evidence cited in the parties' briefing.
Summary: Claim construction briefs must include a table of disputed terms, explain plain meaning if proposed, explain relevance, and include a joint appendix; general summaries of law are prohibited.
Document Type
Claim Construction Brief
Machine summary. Not checked yet.Mandatory?
The parties shall notify the Court, by joint letter submission, no later than the date on which their Joint Claim Construction brief is filed (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
Summary: The joint letter must state whether testimony is requested and the time allocation requested.
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
Summary: The joint letter must contain an interim report on the nature of issues and discovery progress.
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends...
Summary: Summary judgment motions must be accompanied by a concise statement of facts.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
Any motion to strike shall attach the document sought to be stricken.
Summary: Motions to strike must attach the document sought to be stricken.
Document Type
Motion To Strike
Machine summary. Not checked yet.Mandatory?
Any motion to amend shall attach the proposed amended pleading as well as a 'blackline' comparison to the prior pleading.
Summary: Motions to amend must attach the proposed amended pleading and a blackline comparison.
Document Type
Motion To Amend
Machine summary. Not checked yet.Important?
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated 'confidential' [the parties should list any other level of designation, such as 'highly confidential,' which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Summary: Proposed protective orders must include a specific paragraph regarding other proceedings.
Document Type
Protective Order
Machine summary. Not checked yet.Important?
Failure to respond to a fact presented in the opposing party’s concise statement of facts shall indicate that fact remains in dispute for purposes of summary judgment.
Summary: Failure to respond to opposing party's concise statement fact indicates that fact remains in dispute.
Document Type
Summary Judgment Reply
Machine summary. Not checked yet.Important?
Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.
Summary: Failure to respond to moving party's concise statement fact indicates that fact is not in dispute.
Document Type
Summary Judgment Response
Machine summary. Not checked yet.Important?
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Summary: Proposed protective orders must include a paragraph about other proceedings.
Document Type
Protective Order
Machine summary. Not checked yet.Important?
Except as otherwise specified herein, any application to the Court shall be by written motion. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Summary: Applications must be by written motion; non-dispositive motions must include Local Rule 7.1.1 statement.
Document Type
Motion
Machine summary. Not checked yet.Important?
the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
Summary: Parties must submit a joint status report after trial indicating how the case should proceed and listing any intended post-trial motions.
Document Type
Joint Status Report
Machine summary. Not checked yet.Important?
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict.
Summary: Parties must jointly submit a proposed judgment order.
Document Type
Proposed Judgment Order
Machine summary. Not checked yet.Important?
Any party asserting a patent must file a “Notice of IPR/PGR Event” within seven days of any of the following actions taken on that patent: petition for inter partes review/post grant review (regardless of whether a party filed the petition), institution decision, final written decision, appeal to the Federal Circuit, Federal Circuit decision. The Notice must list the action taken, the affected claims, the dates of any expected further action by the PTAB, and the status of all other pending IPRs/PGRs.
Summary: Patent holder must file a Notice of IPR/PGR Event within seven days of specified actions; the notice must include specific content.
Document Type
Notice Of Ipr Pgr Event
Machine summary. Not checked yet.Important?
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the final pretrial conference.
Summary: Parties must file proposed voir dire, preliminary jury instructions, final jury instructions, and special verdict forms.
Document Type
Jury Trial Documents
Machine summary. Not checked yet.Important?
Any stipulation or other request to amend the scheduling order shall include a chart that lists each court-ordered event with a deadline/date (even if it is not being changed), the current deadline/date, and the new proposed deadline/date.
Summary: Stipulations or requests to amend the scheduling order must include a chart listing each event, current deadline, and proposed new deadline.
Document Type
Scheduling Order Amendment Request
Machine summary. Not checked yet.Important?
The proposed final pretrial order shall contain a table of contents.
Summary: Proposed final pretrial order must include a table of contents.
Document Type
Proposed Final Pretrial Order
Machine summary. Not checked yet.Important?
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Summary: Proposed protective orders must include a specific paragraph about other proceedings.
Document Type
Protective Order
Machine summary. Not checked yet.Important?
Each side shall be limited to three in limine requests, unless otherwise permitted by the Court.
Summary: Each side is limited to three in limine requests unless the Court permits more.
Document Type
Motion In Limine
Machine summary. Not checked yet.Important?
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Summary: Each fact in summary judgment concise statement must be in a separate numbered paragraph with specific citations.
Document Type
Concise Statement
Machine summary. Not checked yet.Important?
Any stipulation or other request to amend the scheduling order shall include a chart that lists each court-ordered event with a deadline/date (even if it is not being changed), the current deadline/date, and the new proposed deadline/date.
Summary: Requests to amend scheduling order must include a chart listing all court-ordered events with current and proposed deadlines.
Document Type
Request To Amend Scheduling Order
Machine summary. Not checked yet.Important?
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Summary: Non-dispositive motions must contain the statement required by Local Rule 7.1.1 (certificate of conference).
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Note?
On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party's reason for its opposition.
Summary: Opposing party may file a letter (max 3 pages, 12-point font) at least 48 hours before the discovery conference.
Document Type
Discovery Dispute Opposition Letter
Machine summary. Not checked yet.Note?
The Court expects the parties to work together to submit joint proposed versions of the voir dire, preliminary jury instructions and final jury instructions, indicating within those joint submissions any differences between the parties’ proposals.
Summary: Parties should submit joint proposed jury instructions indicating any differences.
Document Type
Jury Instructions
Machine summary. Not checked yet.Note?
The proposed final pretrial order shall contain a table of contents.
Summary: Proposed final pretrial order must include a table of contents.
Document Type
Proposed Final Pretrial Order
Filing & Service rules
Electronic Filing Rules
Mediation statements must not be e-filed or docketed.
Mediation statements are not to be e-filed or docketed.
Machine summary. Not checked yet.
Page 1 | Communications regarding ADR/mediation process
Communications regarding the ADR/mediation process must not be e-filed or docketed.
IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed.
Machine summary. Not checked yet.
Page 1 | Communications regarding ADR/mediation process
Redacted versions of sealed documents must be filed electronically.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Machine summary. Not checked yet. · Civil cases
Page 2 | 4. Papers and Proceedings Under Seal.
Redacted versions of sealed documents must be filed electronically.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Machine summary. Not checked yet. · Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
Filing Timing and Cure Windows
Initial disclosures must be made within 5 days of the scheduling order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date this Order is entered by the Court.
Machine summary. Not checked yet. · Civil cases
Page 1 | Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard
Motions to join parties or amend pleadings must be filed by a specified deadline.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].
Machine summary. Not checked yet. · Civil cases
Page 1 | Joinder of Other Parties and Amendment of Pleadings
Case dispositive motions must be filed by a specified date set in the scheduling order.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [DATE]
Machine summary. Not checked yet. · Civil cases
Page 6 | Case Dispositive Motions
Summary judgment motions cannot be filed more than 10 days before the dispositive motion deadline without court leave.
No case dispositive motion under Federal Rule of Civil Procedure 56 may be filed more than ten (10) days before the above date without leave of the Court.
Machine summary. Not checked yet. · Civil cases
Page 6 | Case Dispositive Motions
Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference.
Not later than seven (7) days before the pretrial conference, the parties shall file a joint proposed final pretrial order in compliance with Federal Rule of Civil Procedure 26(a)(3) and Local Rule 16.3(c) & (d)(4).
Machine summary. Not checked yet. · Civil cases
Page 8 | 12. Pretrial Conference
Proposed voir dire, jury instructions, and special verdict forms must be filed at least 7 days before the final pretrial conference.
At least seven (7) days before the final pretrial conference, the parties shall file proposed voir dire, preliminary jury instructions, final jury instructions and special verdict forms pursuant to Local Rules 47.1(a)(2) and 51.1.
Machine summary. Not checked yet. · Civil cases
Page 8 | 13. Jury Instructions, Voir Dire and Special Verdict Forms
Parties must make initial disclosures within 5 days of entry of scheduling order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.
Machine summary. Not checked yet. · Civil cases
Page 1 | 1. Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard.
Parties must submit a proposed protective order within 10 days of entry of scheduling order if needed.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.
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Page 1 | 3. Application to Court for Protective Order.
Motions to join or amend pleadings must be filed by a date set in the order.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________, 20___.
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Page 1 | 2. Joinder of Other Parties and Amendment of Pleadings.
Redacted version of sealed documents must be filed within 7 days of filing the sealed document.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 2 | 4. Papers and Proceedings Under Seal.
Daubert motions in non-ANDA cases must be filed no later than the dispositive motion deadline.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
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Page 6 | Disclosure of Expert Testimony
The party seeking relief must file their submission at least 72 hours (excluding weekends and holidays) before the discovery teleconference.
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file
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Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Daubert motions in ANDA cases must be filed no later than 14 days after the close of expert discovery.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen days after the close of expert discovery, unless otherwise ordered by the Court.
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Page 6 | Disclosure of Expert Testimony
Joint Claim Construction Chart must be filed two weeks prior to service of the opening claim construction brief.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed two weeks prior to service of the opening claim construction brief.
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Page 8
Amended Joint Claim Construction Chart must be filed no earlier than three weeks before and no later than one week before the claim construction hearing.
No earlier than __________________, 20__ [no earlier than three weeks before the claim construction hearing and no later than one week before the claim construction hearing], Delaware and Lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended Joint Claim Construction Chart that sets forth all agreed-upon constructions and all terms that remain in dispute.
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Page 9 | Claim Construction Briefing
Parties must submit a joint letter by the date the Joint Claim Construction brief is filed, stating whether they request testimony and the time allocation requested.
The parties shall notify the Court, by joint letter submission, no later than the date on which their Joint Claim Construction brief is filed (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
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Page 10 | Hearing on Claim Construction
Parties must finally supplement identification of accused products and invalidity references by a specified date, absent agreement and court approval.
Absent agreement among the parties, and approval of the Court, no later than _______________, 20___, the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.
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Page 10 | Supplementation
Counsel must submit a joint letter with an interim status report on the nature of issues and discovery progress by a specified date.
On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
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Page 10 | Interim Status Report
Parties must jointly submit a proposed judgment order within seven days after jury verdict.
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict.
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Notice of IPR/PGR Event must be filed within seven days of specified events.
Any party asserting a patent must file a “Notice of IPR/PGR Event” within seven days of any of the following actions taken on that patent: petition for inter partes review/post grant review (regardless of whether a party filed the petition), institution decision, final written decision, appeal to the Federal Circuit, Federal Circuit decision.
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Joint proposed final pretrial order must be filed at least seven days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.
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Proposed voir dire, jury instructions, and special verdict forms must be filed seven days before final pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the final pretrial conference.
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Redacted version of sealed document must be filed within 7 days of sealed filing.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 2 | 4. Papers and Proceedings Under Seal
Rule 56 motions may not be filed more than 10 days before the case dispositive motion deadline without leave of court.
No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
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Page 6 | Case Dispositive Motions
Jury instructions, voir dire, and special verdict forms must be filed 7 days before the final pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the final pretrial conference.
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Page 8 | Jury Instructions, Voir Dire, and Special Verdict Forms
Parties must confer and submit a proposed protective order within 10 days of the scheduling order.
counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.
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Page 2 | Application to Court for Protective Order
If a protective order is needed, parties must submit a proposed order within 10 days of entry of this Order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.
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Page 2 | 3. Application to Court for Protective Order
Technology tutorials, if filed, must be submitted on or before the date the Joint Claim Construction Brief is filed.
if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed.
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Page 7
Courtesy Copy Requirements
Parties must provide two double-sided courtesy copies of all briefs and supporting documents, with tabbed exhibits and highlighted key portions.
The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. Exhibits and attachments must be separated by tabs, and the parties should highlight the portions of the exhibits and attachments that they wish the Court to read.
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Page 3 | Courtesy Copies
Parties must provide 2 double-sided courtesy copies of the joint proposed final pretrial order and attachments.
The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
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Page 8 | 12. Pretrial Conference
Two courtesy copies required for all briefs and supporting documents; copies must be double-sided.
The parties shall provide to the Court two courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided.
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Page 3 | 5. Courtesy Copies.
Two courtesy copies of discovery dispute letters and supporting documents must be delivered to the Clerk's Office within one day of e-filing, and must be double-sided.
Each party shall submit two courtesy copies of its letter and any other document filed in support to the Clerk’s Office within one day of e-filing. All courtesy copies shall be double-sided.
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Page 7
Jury trial document submission must be accompanied by a courtesy copy with electronic Word files, emailed to chambers.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
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Parties must deliver two double-sided courtesy copies of the joint proposed final pretrial order and attachments to the Court.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
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Two courtesy copies of all briefs and supporting documents must be provided to the Court, double-sided.
The parties shall provide to the Court two courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided.
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Page 3 | 5. Courtesy Copies
Two courtesy copies of discovery dispute letters and supporting documents must be submitted to the Clerk's Office within one day of e-filing; courtesy copies must be double-sided.
Each party shall submit two courtesy copies of its letter and any other document filed in support to the Clerk's Office within one day of e-filing. All courtesy copies shall be double-sided.
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Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Parties must provide two double-sided courtesy copies of the joint proposed final pretrial order and attachments.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
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Page 8 | Pretrial Conference
Sealing & Redaction Procedures
All ADR proceedings and communications are confidential; disclosure is prohibited unless authorized by the Court or agreed by the parties.
The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.
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Page 1 | Confidentiality of ADR proceedings
Redacted version of sealed documents must be filed electronically within 7 days.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.
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Page 2 | Papers Filed Under Seal
Parties must note intent to seal transcript at start of proceeding, and file a motion for sealing/redaction promptly after transcript completion, with highlighted and proposed redacted transcripts, and show good cause.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
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Page 2 | 4. Papers and Proceedings Under Seal.
To seal a transcript, note intent at start of proceeding and file a motion with highlighted and proposed redacted transcripts.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.
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Page 2 | Papers Filed Under Seal
Procedure for sealing/redacting transcripts: note intent at start, file motion with attachments promptly after transcript, demonstrate good cause.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
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Page 2 | 4. Papers and Proceedings Under Seal
Filing Bundling Requirements
Motions in limine must not be filed separately.
Motions in limine shall not be separately filed.
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Page 7 | 11. Motions in Limine
No separate briefing on in limine requests.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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Page 8 | 11. Motions in Limine
Parties must file a Joint Claim Construction Brief that combines all unfiled briefs into one document.
No later than __________, 20___, the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
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Page 8
Motions in limine must be included in the proposed pretrial order and not filed separately.
Motions in Limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
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Page 7 | Motions in Limine
Motions in limine must not be filed separately; they must be included in the proposed pretrial order.
Motions in limine shall not be separately filed.
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Pre-Motion Conference Requirements
Discovery motions require compliance with a pre-motion conference procedure; failure results in denial without prejudice.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.
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Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend or strike must follow the discovery dispute pre-motion conference procedure.
Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g) above.
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Page 6 | Motions to Amend / Motions to Strike
Before filing a discovery motion, counsel must file a Motion for Teleconference and participate in a discovery telephone conference.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' The Court will thereafter order a discovery telephone conference and deadlines for submissions.
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Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Case dispositive motions are not heard in ANDA cases.
the Court will not hear case dispositive motions in ANDA cases.
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Page 11 | Preamble
Discovery motions require a pre-motion conference procedure: file a Motion for Teleconference; the court sets a conference and deadlines; moving party files a 3-page letter 72 hours before conference with proposed order and discovery requests; opposing party may file a 3-page letter 48 hours before conference.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... the moving party ... should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' ... On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
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Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend and motions to strike must follow the discovery dispute procedure (pre-motion conference and letter requirements).
Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g), above.
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Page 6 | Motions to Amend / Motions to Strike
Hearing on case dispositive and Daubert motions scheduled; each side allocated 45 minutes for argument.
The Court will hear argument on all pending case dispositive and Daubert motions on __________, 20___ beginning at __________ [a date approximately two months prior to the requested pretrial conference date]. Unless otherwise ordered by the Court, each side will be allocated a total of forty-five minutes to present its argument on all pending motions.
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Page 12 | (e) Hearing
Chambers Communication Rules
Parties must e-mail a Word-format copy of the amended Joint Claim Construction Chart to chambers.
The parties shall e-mail a copy of the amended Joint Claim Construction Chart in Microsoft Word format to jlh_civil@ded.uscourts.gov.
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Page 10 | Claim Construction Briefing
E-mail courtesy copies of jury trial documents to jlh_civil@ded.uscourts.gov.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
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