Court Rules
Visiting

Judge Joshua D. Wolson

Individual Rules, Standing Orders & Policies

Rules last changed:
District of Delaware

Limits & Logistics

Document Limits

Brief
25 pgs8,750 wds
Discovery Motion
5 pgs1,750 wds

Courtesy Copies

All filings

  • Upon Filing

Courtesy copies

  • Email

Adjournments

  • Requests to reschedule the Rule 16 conference must be made as early as possible and based on a pre-existing commitment.
  • Continuances of court events are granted only in extreme circumstances; other extension requests require an appropriate showing of good cause.
  • Extension and continuance requests are made by letter emailed to Chambers, must include 'request for continuance' or 'request for extension' in the subject line, and must state opposing counsel's position after conferring.
  • +3 more

Request must include

Reason For RequestAdversary Position
7Calendar Daysnotice
  • Requests to exceed a page limit must be received at least seven days before the filing is due, emailed to Chambers with 'page limits' in the subject line, and reflect conferral with opposing counsel and state opposing counsel's position.
  • Extension or continuance requests must be made at least seven days before the applicable deadline.
Adversary Position

Communication

Email

Chambers

SchedulingStatus Inquiries
Phone

Chambers

Emergencies
Filters:AllMandatoryImportantFormattingMemorandaDiscoverySummary JudgmentExhibitsEvidence/WitnessesPage LimitsProposed Orders

Page & Word Limits4 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

Opening briefs in support of and in opposition to a motion shall not exceed 25 pages, unless counsel includes a certification that the brief contains no more than 8,750 words. Replies shall not exceed 10 pages or 3,500 words, and sur-replies shall not exceed seven pages or 2,450 words.

Summary: Opening briefs are limited to 25 pages or 8,750 words (with certification); replies to 10 pages or 3,500 words; sur-replies to 7 pages or 2,450 words.

Brief

25 pages

Applies to: Attorney

Brief

8,750 words

Applies to: Attorney

Reply

10 pages

Applies to: Attorney

Reply

3,500 words

Applies to: Attorney

Sur Reply

7 pages

Applies to: Attorney

Sur Reply

2,450 words

Applies to: Attorney

Page Limits

Machine summary. Not checked yet.Mandatory?

Any motion for reconsideration of a discovery order must itself comply with the page limits in Section II.C.1., below.

Summary: Reconsideration motions of discovery orders must comply with discovery motion page limits in Section II.C.1.

Motion For Reconsideration

Page Limits

Machine summary. Not checked yet.Mandatory?

The applicable page limits for individual parties shall apply for joint pleadings absent leave of Court.

Summary: Joint pleadings are subject to the same page limits as individual parties.

Joint Pleading

Page Limits

Machine summary. Not checked yet.Mandatory?

with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.

Summary: Discovery motion briefs are limited to five pages or 1,750 words, excluding exhibits.

Discovery Motion

5 pages

Applies to: Attorney

1,750 words

Applies to: Attorney

Document Format Requirements5 rules

Formatting

Machine summary. Not checked yet.Mandatory?

The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will he deem those arguments preserved.

Summary: Parties must not put substantive arguments in footnotes; the Court will not consider or deem such arguments preserved.

Formatting

Machine summary. Not checked yet.Mandatory?

All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font. All footnotes shall appear in the same font and font size as the body of the submission.

Summary: All written submissions must be double-spaced, in at least 12-point font, with at least one-inch margins; any proportionally spaced font may be used, and footnotes must match the body font and size.

Typography
Size12 pt
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
Formatting

Machine summary. Not checked yet.Important?

Parties should submit deposition testimony and other transcripts to Judge Wolson as full-sized pages, not miniscripts.

Summary: Deposition testimony and transcripts must be submitted as full-sized pages, not miniscripts.

Formatting

Machine summary. Not checked yet.Important?

Parties should submit stipulations and proposed Orders as Word documents.

Summary: Stipulations and proposed orders should be submitted to Chambers as Word documents.

Required Format

DOCX

Formatting

Machine summary. Not checked yet.Important?

Counsel must file text-searchable versions of their briefs on the CM/ECF system.

Summary: Briefs must be filed on CM/ECF as text-searchable versions.

Document Filing Requirements37 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

By signing below, counsel for each Party and/or each pro se Party represents that he or she has reviewed the Judge's Policies and Procedures and acknowledges the requirements contained therein, including the Policies governing keywords to use when emailing Chambers. The Parties and their counsel further acknowledge by signing below that Judge Wolson will strike pleadings and other submissions that do not comply with his Policies and Procedures.

Summary: Signing the Rule 16 statement certifies review of and compliance with Judge Wolson's Policies and Procedures, including email-chambers keyword rules; non-compliant pleadings and submissions will be stricken.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Parties may not make additional submissions, whether captioned as a brief, a letter, a notice, or anything else, other than to notify Judge Wolson of subsequent binding authority.

Summary: No additional submissions (brief, letter, notice, or otherwise) are permitted, except to notify the Court of subsequent binding authority.

Document Type

Additional Submissions

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.

Summary: Summary judgment motions must be accompanied by a jointly prepared consolidated statement of facts and a joint set of cited exhibits.

Document Type

Summary Judgment Motion

Content & Formatting
Exhibit List
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Mandatory?

At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Summary: A responding party's statement of facts response must respond to each factual assertion directly under the original paragraph with citations/argument and include any additional facts for summary judgment briefing.

Document Type

Response To Statement Of Facts

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If a party's motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.

Summary: If summary judgment motion or opposition includes expert admissibility arguments, party must file a separate Daubert motion.

Document Type

Motion For Summary Judgment

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures.

Summary: Summary judgment movant must file consolidated statement of facts and joint exhibits conforming to Section I.C.

Document Type

Motion For Summary Judgment

Content & Formatting
Exhibit List
Statement Of Facts
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Parties may not incorporate by reference arguments from other briefs in the case, including briefs filed by other parties or briefs filed earlier in the case. If a party needs to repeat an argument that was made earlier in the case, then that party must include the substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.

Summary: Parties may not incorporate arguments by reference; must include substance in the brief.

Document Type

Brief

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Parties shall not respond to a motion for reconsideration absent a Court Order.

Summary: Parties may not respond to a motion for reconsideration without a court order.

Document Type

Motion For Reconsideration

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” Judge Wolson will deny a discovery motion that does not meet these requirements.

Summary: Discovery motions require a certificate detailing informal resolution efforts, including verbal communications; letters or emails are insufficient and non-compliance results in denial.

Document Type

Discovery Motion

Content & Formatting
Certificate Of Conference
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All discovery motions must attach the discovery requests at issue, as well as the written response.

Summary: Discovery motions must attach the discovery requests at issue and the corresponding written response.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All motions must contain the certification required under Local Civil Rule 26.1(f).

Document Type

Motion

Content & Formatting
Local Rule Certificate
Filing Requirements

Machine summary. Not checked yet.Mandatory?

When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its position on whether Judge Wolson should impose time limits on each side's trial presentation and, if Judge Wolson does impose a time limit, what that limit should be.

Summary: Pretrial memoranda must include all matters set forth in LR 16.1 and the party's position on trial time limits.

Document Type

Pretrial Memorandum

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

All such motions must satisfy the requirements of In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019) and Pansy v. Borough of Stroudsberg, 23 F.3d 772 (3d Cir. 1994).

Summary: Motions for protective orders or confidentiality agreements must satisfy the requirements of Avandia and Pansy.

Document Type

Motion

Specific requirements detailed in rule text.
Judge Wolson's Policies and Procedures (July 2026) · Jul 2026 · p. 21
|SecE. Protective Orders And Confidentiality Agreements
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Any request for a protective order or approval of a confidentiality agreement must be made by motion. Judge Wolson will not accept stipulated proposed orders in lieu of a motion.

Summary: Requests for protective orders or confidentiality agreement approvals must be made by motion; stipulated proposed orders are not accepted in lieu of a motion.

Document Type

Motion

Specific requirements detailed in rule text.
Judge Wolson's Policies and Procedures (July 2026) · Jul 2026 · p. 21
|SecE. Protective Orders And Confidentiality Agreements
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.

Summary: To retain jurisdiction to enforce a settlement, parties must place the agreement on the docket or include all material terms in a stipulation of dismissal.

Document Type

Settlement Agreement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount. If liability for restitution is joint and several, then the Government shall itemize the restitution amount for which each defendant is responsible.

Summary: The Government's sentencing memorandum must include restitution details, including victim names/addresses, loss amounts, documentary support, and itemization for joint and several liability.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Per my Policies and Procedures, lead counsel for a case must participate in the Rule 26(f) conference. If the person listed as lead counsel does not attend the Rule 26(f) conference, then I will designate the lawyer who attended the Rule 26(f) conference as lead counsel.

Summary: Lead counsel must attend the Rule 26(f) conference; otherwise, the Court will designate the attending lawyer as lead counsel.

Document Type

Rule 26f Report

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

In addition, the Parties should not default to the limits in the Federal Rules of Civil Procedure when providing the numbers of interrogatories or depositions they expect in the case.

Summary: The Rule 26(f) report must state the parties' actual expected numbers of interrogatories and depositions rather than defaulting to FRCP limits.

Document Type

Rule 26f Report

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 2
|SecIII. Anticipated Scope Of Discovery
Filing Requirements

Machine summary. Not checked yet.Important?

Default statements like “Discovery about all claims and defenses” are not acceptable.

Summary: The Rule 26(f) report must provide a thoughtful, specific discovery scope; default statements are not acceptable.

Document Type

Rule 26f Report

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 2
|SecIII. Anticipated Scope Of Discovery
Filing Requirements

Machine summary. Not checked yet.Important?

When completing this section, the Parties should make a good faith effort to reach agreement on proposed deadlines. To the extent there is disagreement, the Parties shall identify the dispute and their respective positions.

Summary: Parties must make a good faith effort to agree on proposed case management deadlines and must identify any disagreements and their respective positions.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 3
|SecV. Proposed Case Management Deadlines
Filing Requirements

Machine summary. Not checked yet.Important?

The Parties must summarize the status of discovery to-date. If nothing has been done in terms of discovery, the Parties should explain why.

Summary: The case management statement must summarize the status of discovery to date and explain why if no discovery has occurred.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Has each Party provided written notice to the client of the obligation to preserve all relevant material, including electronic records?

Summary: The case management statement must indicate whether each party has provided written notice to its client of the obligation to preserve all relevant material, including electronic records.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 3
|SecIII. Anticipated Scope of Discovery
Filing Requirements

Machine summary. Not checked yet.Important?

Parties should not submit pleadings from the case before Judge Wolson. For example, there is no need to attach a copy of a complaint to a Motion to Dismiss. Judge Wolson can retrieve those documents from the CM/ECF system. Nor should parties submit pleadings from other federal cases. It is enough to cite the pleading by court, case number, and docket number. Judge Wolson will retrieve the pleading from the CM/ECF

Summary: Parties should not attach pleadings from the case or other federal cases; instead they should cite the pleading by court, case number, and docket number.

Document Type

Pleadings

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

In addition, parties submitting deposition transcripts should provide only a cover page identifying the witness and relevant pages from the transcripts. Parties should not submit the entire transcript unless the entire transcript is relevant to the issue.

Summary: Deposition transcript submissions should include only a cover page and relevant pages; entire transcripts should not be submitted unless fully relevant.

Document Type

Deposition Transcript

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Counsel seeking admission pro hac vice should use the form available on the Eastern District of Pennsylvania's website.

Summary: Pro hac vice counsel should use the form available on the Eastern District of Pennsylvania's website.

Document Type

Pro Hac Vice Motion

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Fed. R. Civ. P. 11 only permits parties to assert affirmative defenses for which they have a good faith basis. Parties may not assert affirmative defenses prophylactically.

Summary: Parties may assert affirmative defenses only with a good faith basis and may not assert them prophylactically.

Document Type

Answer

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Parties must submit that report to Judge Wolson via email. The parties must use Judge Wolson's sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.

Summary: Parties must submit the Rule 26(f) report by email using Judge Wolson's sample form.

Document Type

Joint Status Report

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Any briefs longer than 10 pages must include a table of contents.

Summary: Briefs longer than 10 pages must include a table of contents.

Document Type

Brief

Content & Formatting
Table Of Contents
Filing Requirements

Machine summary. Not checked yet.Important?

Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.

Summary: Replies and sur-replies should be filed only when necessary, must be concise, may address only new issues raised by opposing counsel, and should not repeat or rehash prior arguments.

Document Type

Reply Or Sur Reply

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Wolson will set, and only cross-examination of experts (and redirect) will occur live.

Summary: In civil bench trials, only cross-examination of experts (and redirect) will occur live; the beginning of this provision is truncated in the source.

Document Type

Trial

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Judge Wolson will generally require the parties to submit a joint proposed set of jury instructions. Judge Wolson's pretrial order will detail how the parties should present contested jury instructions. Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper. Each proposed instruction must be submitted with corresponding legal authority.

Summary: Jury instructions must generally be submitted jointly, with each point for charge and interrogatory numbered on a separate sheet and supported by corresponding legal authority.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
Judge Wolson's Policies and Procedures (July 2026) · Jul 2026 · p. 28
|SecD. Proposed Jury Instructions And Verdict Forms
Filing Requirements

Machine summary. Not checked yet.Note?

A. Lead Counsel (each Party must designate one lawyer as lead counsel).

Summary: Each party must designate one lawyer as lead counsel in the Rule 26(f) report.

Document Type

Rule 26f Report

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

When completing this section, the Parties shall keep in mind the following deadlines that I usually apply in patent cases, as set forth in the chart below. To the extent a departure is necessary.

Summary: Parties should use the Court's usual patent-case deadlines as the baseline when proposing case management deadlines, departing only if necessary.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 3
|SecV. Proposed Case Management Deadlines
Filing Requirements

Machine summary. Not checked yet.Note?

Do the Parties anticipate the need for any third-party discovery? If so, identify the likely third parties, where those third parties are located, and the discovery to be sought.

Summary: The case management statement must state whether third-party discovery is anticipated and, if so, identify the likely third parties, their locations, and the discovery sought.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 3
|SecIII. Anticipated Scope of Discovery
Filing Requirements

Machine summary. Not checked yet.Note?

Does the plaintiff expect to request attorneys’ fees?

Summary: The case management statement must state whether the plaintiff expects to request attorneys' fees.

Document Type

Case Management Statement

Specific requirements detailed in rule text.
Rule 26(f) Report (Patent Cases) - Delaware · p. 3
|SecIII. Anticipated Scope of Discovery
Filing Requirements

Machine summary. Not checked yet.Note?

These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.

Summary: Joint statement of facts procedure is not required for pro se prisoner cases.

Document Type

Motion For Summary Judgment

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Note?

Absent extraordinary circumstances, Judge Wolson will not retain jurisdiction of cases following dismissal due to settlement. Even when he does retain jurisdiction, Judge Wolson will not do so to enforce confidential settlement agreements.

Summary: Judge Wolson will not retain post-settlement jurisdiction absent extraordinary circumstances, and will not retain jurisdiction to enforce confidential settlement agreements.

Document Type

Settlement Agreement

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

Exhibits must be submitted as separate ECF documents; a combined 'Exhibits' filing will be struck.

When submitting exhibits via ECF, parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If Judge Wolson receives a filing with a single document marked “Exhibits,” he will strike the filing.

Machine summary. Not checked yet.

Page 6

Pro hac vice lawyers must register for CM/ECF within seven days of the admission Order; failure results in sua sponte cancellation of the pro hac admission and no mailed orders.

Any lawyer admitted pro hac vice must register for the Court's CM/ECF system within seven days of the Order. If a lawyer fails to register, Judge Wolson will sua sponte cancel the pro hac admission. Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.

Machine summary. Not checked yet.

Page 10

Stipulations and proposed orders must be emailed to Chambers instead of filed on the docket, departing from Local Civil Rule 5.1.2(9).

Contrary to Local Civil Rule 5.1.2(9), parties must email all stipulations and proposed orders to Chambers rather than filing them on the docket.

Machine summary. Not checked yet.

Page 13 | Stipulations and proposed Orders

Exhibit documents filed via ECF must have descriptive names (e.g., 'Contract,' 'Declaration of John Smith') rather than generic labels like 'Exhibit A.'

In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Contract,” “Declaration of John Smith,” or some other reference that permits Judge Wolson to identify what the exhibit is without having to open the file.

Machine summary. Not checked yet.

Page 6

Filing Timing and Cure Windows

The Rule 26(f) joint status report is due at least seven days before the Rule 16 conference.

A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.

Machine summary. Not checked yet.

Page 12 | Pretrial conferences

Judge Wolson does not permit additional discovery or summary judgment motions after arbitration is completed.

Judge Wolson does not permit additional discovery or summary judgment motions after the arbitration.

Machine summary. Not checked yet.

Page 13 | Arbitration

Replies and sur-replies must be filed as soon as practicable and no later than seven days after the previous filing.

Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.

Machine summary. Not checked yet.

Page 14 | Replies and sur-replies

Sentencing motions must be filed at least 7 days before the sentencing date.

Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.

Machine summary. Not checked yet.

Page 25 | F. Sentencing

Responses to sentencing motions must be filed at least 3 days before the sentencing date.

Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.

Machine summary. Not checked yet.

Page 25 | F. Sentencing

Each party must file its sentencing memorandum no later than 7 days before sentencing.

Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.

Machine summary. Not checked yet.

Page 25 | F. Sentencing

In habeas matters other than § 2255, the relevant government agency must respond to motions or objections within 14 days absent a court-ordered extension; a failure to respond may be treated as uncontested.

In all other habeas corpus matters, Judge Wolson will not pre-screen prisoner submissions to determine if it requires a response. Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension. In cases in which Judge Wolson is considering a Report and Recommendation, the Government agency may respond by saying that it stands by its prior briefing and/or the Report and Recommendation. Judge Wolson reserves the right to treat a failure to respond as a statement that the motion or objection is uncontested.

Machine summary. Not checked yet.

Page 27

The parties are expected to begin discovery before the Rule 16 conference.

In general, Judge Wolson expects the parties to begin discovery prior to the Rule 16 conference.

Machine summary. Not checked yet.

Page 3 | IV. Status of Discovery

Service and Proof of Service Rules

The responding party must serve its response to the statement of facts on all other parties at least 14 days before the summary judgment motion deadline.

At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Machine summary. Not checked yet.

Page 16

The moving party must serve a numbered statement of undisputed material facts with citations on all other parties at least 28 days before the summary judgment motion deadline.

At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;

Machine summary. Not checked yet.

Page 16

Parties may consent to email service of pleadings and discovery under FRCP 5(b)(2)(E); non-consenting parties must explain their reasons.

Do the parties consent to service of pleadings and discovery via email pursuant to Fed. R. Civ. P. 5(b)(2)(E)? Any party that does not consent must explain its reasons.

Machine summary. Not checked yet.

Page 8 | X. Consent to Service via Email

Filing Fees and Waivers

Pro hac vice motions will be denied if no filing fee is submitted.

Judge Wolson will deny pro hac vice motions for which no fee is submitted.

Machine summary. Not checked yet.

Page 10

Courtesy Copy Requirements

Courtesy copies must be emailed (even in multiple emails) to the chambers courtesy copy address; Dropbox, FTP, and paper submissions are prohibited.

Parties may not submit courtesy copies via Dropbox, FTP, or some other source that requires Judge Wolson to download files to the Court's system. Instead, files should be emailed, even if that requires multiple emails. Parties also should not submit paper courtesy copies.

Machine summary. Not checked yet.

Page 9

Courtesy copies must use the e-filed version with the CM/ECF header and be submitted as separate files with consistent names or include a coversheet identifying the corresponding CM/ECF entry.

Each submission should use the e-filed version that has the CM/ECF system's header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system.

Machine summary. Not checked yet.

Page 9

Filing Bundling Requirements

Multiple co-parties must file joint motions unless clear conflicts exist.

When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position.

Machine summary. Not checked yet.

Page 18 | Motion Practice

Pre-Motion Conference Requirements

Before filing a Rule 12 motion, parties must contact opposing counsel for a substantive discussion and an opportunity to cure pleading deficiencies.

Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies.

Machine summary. Not checked yet.

Page 15

A telephone conference with counsel is scheduled before any responsive brief is filed on a discovery motion.

Judge Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.

Machine summary. Not checked yet.

Page 19 | Discovery Motions

Summary judgment motions are not permitted in bench trials without prior leave; leave must be requested by letter within seven days after close of discovery.

Judge Wolson does not permit summary judgment motions in bench trials without prior leave of court. A party that seeks leave to file a summary judgment motion in a bench trial must send Judge Wolson a letter no more than seven days after the close of discovery explaining the grounds on which the party seeks leave to move.

Machine summary. Not checked yet.

Page 21 | G. Bench Trials

Adjournment & Extension Requirements

Requests to exceed a page limit must be received at least seven days before the filing is due, emailed to Chambers with 'page limits' in the subject line, and reflect conferral with opposing counsel and state opposing counsel's position.

Judge Wolson must receive any request to exceed an applicable page limit at least seven days before the filing is due. Counsel may make such a request via letter emailed to Chambers with the words “page limits” in the subject line. Counsel making such a request should confer with opposing counsel and set forth opposing counsel’s position in the letter.

Machine summary. Not checked yet.

Page 14 | Length of briefs

Extension and continuance requests are made by letter emailed to Chambers, must include 'request for continuance' or 'request for extension' in the subject line, and must state opposing counsel's position after conferring.

Requests for continuances or extensions may be made by letter, which can be emailed to Chambers. Any request for a continuance or extension must include the words “request for continuance” or “request for extension,” as appropriate, in the subject line of the email. Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel’s position in the letter.

Machine summary. Not checked yet.

Page 20 | D. Extensions

Extension or continuance requests must be made at least seven days before the applicable deadline.

Any request for an extension or continuance must be made at least seven (7) days before the applicable

Machine summary. Not checked yet.

Page 20 | D. Extensions

Sentencing continuances are discouraged and granted only for good cause.

Judge Wolson discourages requests for continuances of sentencing and will continue a sentencing for good cause only.

Machine summary. Not checked yet.

Page 25 | F. Sentencing

After a 90-day continuance, counsel may jointly request an additional continuance in writing stating good cause; if granted, it is 45 days.

In the rare event of a 90-day continuance, if counsel for both the Government and the defendant(s) believe that good cause exists for an additional continuance beyond the initial 90-day period, then counsel may jointly request in writing an additional continuance. Any such request must state why good cause exists. If Judge Wolson grants 45 days until the sentencing hearing takes place.

Machine summary. Not checked yet.

Page 25 | F. Sentencing

Requests to reschedule the Rule 16 conference must be made as early as possible and based on a pre-existing commitment.

If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference. However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.

Machine summary. Not checked yet.

Page 11 | Pretrial conferences

Continuances of court events are granted only in extreme circumstances; other extension requests require an appropriate showing of good cause.

Judge Wolson is reluctant to grant continuances of trial dates and other scheduled court events and will only do so in extreme circumstances. Judge Wolson will consider other requests for extensions on an appropriate showing of good cause.

Machine summary. Not checked yet.

Page 20 | D. Extensions

Sentencing continuances exceeding 90 days are not considered absent extraordinary circumstances.

Absent extraordinary circumstances, Judge Wolson will not consider any request for a continuance exceeding 90 days.

Machine summary. Not checked yet.

Page 25 | F. Sentencing

Chambers Communication Rules

Judge Wolson's Policies and Procedures specify required keywords to use when emailing Chambers, which counsel and pro se parties must acknowledge.

Judge Wolson's Policies and Procedures are available for the Parties to review online. By signing below, counsel for each Party and/or each pro se Party represents that he or she has reviewed the Judge's Policies and Procedures and acknowledges the requirements contained therein, including the Policies governing keywords to use when emailing Chambers.

Machine summary. Not checked yet.

Page 8 | XI. Policies and Procedures

Emails to Judge Wolson must include the case name and docket number in the subject line.

Emails to Judge Wolson must include the case name and docket number in the subject line.

Machine summary. Not checked yet.

Page 5 | B. Conventions For Emails

Emails to Judge Wolson must use required subject line verbiage: extension requests 'request for extension'; continuance requests 'request for continuance'; proposed orders 'proposed order'; stipulations 'stipulation'; Rule 26(f) reports '26(f) report'; page-limit requests 'page limits'; deposition scheduling 'deposition scheduling'; settlement updates 'settlement status'.

Judge Wolson will filter emails based on certain terminology in the subject line. Therefore, to ensure that emails receive prompt attention, where appropriate, emails to Judge Wolson must also use the following verbiage in the subject line:

Machine summary. Not checked yet.

Page 5 | B. Conventions For Emails

Communications about administrative or procedural matters should be directed to a Courtroom Deputy or Chambers.

Counsel should direct communications concerning administrative or procedural matters to a Courtroom Deputy or Chambers.

Machine summary. Not checked yet.

Page 5 | A. Correspondence With Chambers

Responsive letters may be submitted only at Judge Wolson's request.

Responsive letters should only be submitted at Judge Wolson’s request.

Machine summary. Not checked yet.

Page 5 | A. Correspondence With Chambers

Letters may be emailed to chambers only for routine matters where no opposition is anticipated or required.

Parties may submit letters (when appropriate) via email, but they must limit such communications to routine matters for which no opposition is anticipated or required.

Machine summary. Not checked yet.

Page 5 | A. Correspondence With Chambers

Meet-and-confer obligations require a verbal conversation (in person, videoconference, or phone); written correspondence does not satisfy them.

Any time that lawyers must meet and confer, whether pursuant to a statute, a federal or local rule, these Policies and Procedures, or a Court order, the parties must have a verbal conversation to satisfy the obligation. The conversation can be in person, by videoconference, or by phone. The mere exchange of written correspondence, whether letter, email, or otherwise, does not satisfy the obligation.

Machine summary. Not checked yet.

Page 9 | F. Meeting And Conferring

Counsel must contact Judge Wolson by phone for deposition issues and must not leave a deposition without first attempting to contact Chambers for guidance.

Counsel should contact Judge Wolson by phone for any issues that arise during depositions. Counsel should not walk out of a deposition before trying to contact Judge Wolson and obtain guidance.

Machine summary. Not checked yet.

Page 19 | Discovery Motions

Junior Lawyer Participation Incentives

Judge Wolson encourages assigning court presentations to less-experienced attorneys and may permit two lawyers to argue if requested in advance.

Judge Wolson encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand (e.g., discovery hearings). If necessary, Judge Wolson will permit two lawyers to make an argument to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation, if the request is made in advance. Judge Wolson will draw no inference from a party’s decision to have a younger lawyer make a particular presentation, including as to whether the client deems the issue “important.”

Machine summary. Not checked yet.

Page 30 | H

About United States District Judge Joshua D. Wolson

# Judge Joshua D. Wolson Chambers of Judge Joshua D. Wolson Room 12613 U.S. Courthouse 601 Market St. Philadelphia, PA 19106 (267) 299-7320 [Chambers\_of\_Judge\_Wolson@paed.uscourts.gov](mailto:Chambers_of_Judge_Wolson@paed.uscourts.gov) Judge Tabs - [**About**(active tab)](https://www.ded.uscourts.gov/judge/judge-joshua-d-wolson#undefined) - [**Forms**](https://www.ded.uscourts.gov/judge/judge-joshua-d-wolson#undefined) About Visiting Judge Active: Yes Forms ![PDF icon](https://www.ded.uscourts.gov/modules/file/icons/application-pdf.png)[Judge Wolson's Policies and Procedures (July 2026).pdf](https://www.ded.uscourts.gov/sites/ded/files/chambers/Judge%20Wolson%27s%20Policies%20and%20Procedures%20%28July%202026%29.pdf) ![PDF icon](https://www.ded.uscourts.gov/modules/file/icons/application-pdf.png)[Rule 26(f) Report (Patent Cases) - Delaware.pdf](https://www.ded.uscourts.gov/sites/ded/files/chambers/Rule%2026%28f%29%20Report%20%28Patent%20Cases%29%20-%20Delaware.pdf)

Chambers of Judge Joshua D. Wolson Room 12613 U.S. Courthouse 601 Market St. Philadelphia, PA 19106 (267) 299-7320 [Chambers\_of\_Judge\_Wolson@paed.uscourts.gov](mailto:Chambers_of_Judge_Wolson@paed.uscourts.gov)

Common questions about Judge Joshua D. Wolson's rules

Are courtesy copies required for Judge Joshua D. Wolson?

Details: by email. Courtesy copies must be emailed (even in multiple emails) to the chambers courtesy copy address; Dropbox, FTP, and paper submissions are prohibited.

View ruleSource: page 9

Does Judge Joshua D. Wolson require a pre-motion conference or letter before filing a motion?

Judge Joshua D. Wolson's rules set a pre-motion procedure for discovery. A telephone conference with counsel is scheduled before any responsive brief is filed on a discovery motion.

View ruleSource: page 19, section Discovery Motions

What page or word limits apply to brief before Judge Joshua D. Wolson?

Judge Joshua D. Wolson's rule states these limits: attorney: 25 pages; attorney: 8750 words; attorney: 10 pages; attorney: 3500 words; attorney: 7 pages; attorney: 2450 words. Opening briefs are limited to 25 pages or 8,750 words (with certification); replies to 10 pages or 3,500 words; sur-replies to 7 pages or 2,450 words.

View ruleSource: page 14, section Length of briefs

What page or word limits apply to discovery motion before Judge Joshua D. Wolson?

Judge Joshua D. Wolson's rule states these limits: attorney: 5 pages; attorney: 1750 words. Excludes exhibits. Discovery motion briefs are limited to five pages or 1,750 words, excluding exhibits.

View ruleSource: page 19, section Discovery Motions

What formatting rules apply to filings before Judge Joshua D. Wolson?

Judge Joshua D. Wolson's formatting rule includes 12 point type, double spacing, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, any proportionally spaced font may be used, and all footnotes must appear in the same font and font size as the body of the submission. All written submissions must be double-spaced, in at least 12-point font, with at least one-inch margins; any proportionally spaced font may be used, and footnotes must match the body font and size.

View ruleSource: page 13, section Motion Practice

What must be included with case management statement filings before Judge Joshua D. Wolson?

The rule identifies required filing content or certificates. Signing the Rule 16 statement certifies review of and compliance with Judge Wolson's Policies and Procedures, including email-chambers keyword rules; non-compliant pleadings and submissions will be stricken.

View ruleSource: page 8, section XI. Policies and Procedures

What must be included with additional submissions filings before Judge Joshua D. Wolson?

The rule identifies required filing content or certificates. No additional submissions (brief, letter, notice, or otherwise) are permitted, except to notify the Court of subsequent binding authority.

View ruleSource: page 14, section Replies and sur-replies

How may parties contact Judge Joshua D. Wolson's chambers?

The rule addresses email communications with Judge Joshua D. Wolson's chambers. Judge Wolson's Policies and Procedures specify required keywords to use when emailing Chambers, which counsel and pro se parties must acknowledge.

View ruleSource: page 8, section XI. Policies and Procedures

How do I request an adjournment or extension before Judge Joshua D. Wolson?

Requests should be made at least 7 calendar days in advance when this rule applies before Judge Joshua D. Wolson. The request must include adversary position. Requests to exceed a page limit must be received at least seven days before the filing is due, emailed to Chambers with 'page limits' in the subject line, and reflect conferral with opposing counsel and state opposing counsel's position.

View ruleSource: page 14, section Length of briefs

Does Judge Joshua D. Wolson require motion papers to be bundled?

Yes. Judge Joshua D. Wolson requires bundling for covered papers. Multiple co-parties must file joint motions unless clear conflicts exist.

View ruleSource: page 18, section Motion Practice

Is electronic filing required before Judge Joshua D. Wolson?

Yes. Electronic filing is required for the covered filings. Exhibits must be submitted as separate ECF documents; a combined 'Exhibits' filing will be struck.

View ruleSource: page 6

Are filing fees or waivers addressed before Judge Joshua D. Wolson?

A fee is required for covered filings. Pro hac vice motions will be denied if no filing fee is submitted.

View ruleSource: page 10

What filing deadlines does Judge Joshua D. Wolson set?

The Rule 26(f) joint status report is due at least seven days before the Rule 16 conference.

View ruleSource: page 12, section Pretrial conferences

What rule applies to service for statement of facts before Judge Joshua D. Wolson?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 28 calendar days before deadline. The moving party must serve a numbered statement of undisputed material facts with citations on all other parties at least 28 days before the summary judgment motion deadline.

View ruleSource: page 16

Does Judge Joshua D. Wolson encourage junior lawyer participation?

Yes. Judge Joshua D. Wolson's rules include a junior lawyer participation incentive. Judge Wolson encourages assigning court presentations to less-experienced attorneys and may permit two lawyers to argue if requested in advance.

View ruleSource: page 30, section H
Complete rules summary for Judge Joshua D. Wolson

The case management statement must state whether the plaintiff expects to request attorneys' fees.

Parties must make a good faith effort to agree on proposed case management deadlines and must identify any disagreements and their respective positions.

The case management statement must state whether third-party discovery is anticipated and, if so, identify the likely third parties, their locations, and the discovery sought.

Lead counsel must attend the Rule 26(f) conference; otherwise, the Court will designate the attending lawyer as lead counsel.

Each party must designate one lawyer as lead counsel in the Rule 26(f) report.

The Rule 26(f) report must provide a thoughtful, specific discovery scope; default statements are not acceptable.

The Rule 26(f) report must state the parties' actual expected numbers of interrogatories and depositions rather than defaulting to FRCP limits.

The case management statement must summarize the status of discovery to date and explain why if no discovery has occurred.

The case management statement must indicate whether each party has provided written notice to its client of the obligation to preserve all relevant material, including electronic records.

Parties should use the Court's usual patent-case deadlines as the baseline when proposing case management deadlines, departing only if necessary.

The parties are expected to begin discovery before the Rule 16 conference.

Parties may consent to email service of pleadings and discovery under FRCP 5(b)(2)(E); non-consenting parties must explain their reasons.

Signing the Rule 16 statement certifies review of and compliance with Judge Wolson's Policies and Procedures, including email-chambers keyword rules; non-compliant pleadings and submissions will be stricken.

Judge Wolson's Policies and Procedures specify required keywords to use when emailing Chambers, which counsel and pro se parties must acknowledge.

Letters may be emailed to chambers only for routine matters where no opposition is anticipated or required.

Responsive letters may be submitted only at Judge Wolson's request.

Emails to Judge Wolson must include the case name and docket number in the subject line.

Multiple co-parties must file joint motions unless clear conflicts exist.

Communications about administrative or procedural matters should be directed to a Courtroom Deputy or Chambers.

Emails to Judge Wolson must use required subject line verbiage: extension requests 'request for extension'; continuance requests 'request for continuance'; proposed orders 'proposed order'; stipulations 'stipulation'; Rule 26(f) reports '26(f) report'; page-limit requests 'page limits'; deposition scheduling 'deposition scheduling'; settlement updates 'settlement status'.

Exhibits must be submitted as separate ECF documents; a combined 'Exhibits' filing will be struck.

Exhibit documents filed via ECF must have descriptive names (e.g., 'Contract,' 'Declaration of John Smith') rather than generic labels like 'Exhibit A.'

Deposition testimony and transcripts must be submitted as full-sized pages, not miniscripts.

Deposition transcript submissions should include only a cover page and relevant pages; entire transcripts should not be submitted unless fully relevant.

Parties should not attach pleadings from the case or other federal cases; instead they should cite the pleading by court, case number, and docket number.

Courtesy copies must use the e-filed version with the CM/ECF header and be submitted as separate files with consistent names or include a coversheet identifying the corresponding CM/ECF entry.

Meet-and-confer obligations require a verbal conversation (in person, videoconference, or phone); written correspondence does not satisfy them.

Pro hac vice motions will be denied if no filing fee is submitted.

Pro hac vice counsel should use the form available on the Eastern District of Pennsylvania's website.

Pro hac vice lawyers must register for CM/ECF within seven days of the admission Order; failure results in sua sponte cancellation of the pro hac admission and no mailed orders.

More Judges in District of Delaware

Brendan L. Shannon
Bankruptcy
Christopher J. Burke
Magistrate Judge
Colm F. Connolly
Chief Judge
Craig T. Goldblatt
Bankruptcy
Eleanor G. Tennyson
Magistrate Judge
Gregory B. Williams
Judge
J. Kate Stickles
Bankruptcy
Jennifer Choe-Groves
Visiting