Court Rules
Judge

Judge Richard G. Andrews

Individual Rules, Standing Orders & Policies

Rules last changed:
District of Delaware

Limits & Logistics

Document Limits

General
250 wds
Brief
5,000 wds
Letter
3 pgs
In Limine Request
3 pgs
Motion
3 pgs
Opening Brief
7,500 wds

Courtesy Copies

All filings

  • 1 copy • Hand Delivery • Within 1 Hour

Brief

  • 2 copies • Upon Filing

Brief, Appendix, Exhibits, Declarations, Affidavits

  • 2 copies • Upon Filing

Courtesy copies

  • 1 copy

Adjournments

1Weeknotice
  • Objections to expert reports must be raised within one week of submission.

Communication

Email

Chambers

rga_civil@ded.uscourts.gov
Technical IssuesScheduling
No status inquiries
Cases:
Filters:AllMandatoryImportantFormattingMemorandaConferencesDiscoveryJuryWord CountsLettersPage Limits

Page & Word Limits21 rules

Page Limits

Machine summary. Not checked yet.Mandatory?

For all double-spaced submissions where there are page limits specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250).

Summary: Parties may use word count (250 words per page) as an alternative to page limits for double-spaced submissions.

Brief

5,000 words

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.

Summary: Each party is limited to three in limine requests unless court permission is obtained.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.

Summary: In limine requests limited to 3 per party with 3-page argument limits.

In Limine Request

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.

Summary: In limine requests are limited to 3 pages of argument, opposition limited to 3 pages, and reply limited to 1 page.

Motion

3 pages

Opposition

3 pages

Reply

1 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered, by no later than forty-eight hours prior to the hearing, 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.

Summary: Party seeking relief in discovery dispute must file letter not exceeding 3 pages at least 48 hours before hearing.

Letter

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

By no later than twenty-four hours prior to the hearing, 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: Opposing party in discovery dispute may file letter not exceeding 3 pages at least 24 hours before hearing.

Letter

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

By no later than forty-eight hours prior to the hearing, 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. By no later than twenty-four hours prior to the hearing, 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 limited to 3 pages; 48-hour and 24-hour filing deadlines.

Letter

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on ________.

Summary: Defendant's sur-reply brief (max 2,500 words) must be served but not filed.

Structured details unavailable. See the source text.

Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff shall serve, but not file, its opening brief, not to exceed 7,500 words, on ________.

Summary: Plaintiff's opening brief (max 7,500 words) must be served but not filed.

Structured details unavailable. See the source text.

Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on ________.

Summary: Plaintiff's reply brief (max 5,000 words) must be served but not filed.

Structured details unavailable. See the source text.

Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Absent an order of the Court upon a showing of good cause, each side is limited to one forty-page opening brief, one forty-page answering brief, and one twenty-page reply brief for all of its Daubert and case dispositive motions.

Summary: Page limits for Daubert and case dispositive motions: 40 pages for opening and answering briefs, 20 pages for reply briefs.

Brief

40 pages

Page LimitsCivil cases

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).

Summary: Multiple parties supporting or opposing an in limine request must combine into single 3-page submission (or 1-page reply for moving party).

Motion

3 pages

Reply

1 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

By no later than seven business days prior to the conference/argument, any 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.

Summary: Discovery dispute letters seeking relief are limited to 3 pages and must be filed 7 business days before the conference.

Letter

3 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Absent prior approval of the Court (which, if it is sought, must be done so by joint letter submission no later than the date on which answering claim construction briefs are due), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.

Summary: Claim construction argument limited to 3 hours with no testimony unless court approves via joint letter.

Structured details unavailable. See the source text.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one 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 page submission (and, if the moving party, a single one page reply). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Summary: Each party limited to 3 in limine requests with strict page limits for arguments and replies.

In Limine Motion

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request

Summary: In limine requests limited to 3 pages support, 3 pages opposition, 1 page reply.

Motion

3 pages

Opposition

3 pages

Reply

1 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's opposition.

Summary: Opposition letters in discovery disputes are limited to 3 pages and must be filed 5 business days before the conference.

Letter

3 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.

Summary: Each party is limited to three in limine requests unless the Court permits more.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Absent an order of the Court upon a showing of good cause, each side is limited to one forty-page opening brief, one forty-page answering brief, and one twenty-page reply brief for all of its Daubert and case dispositive motions.

Summary: Page limits for Daubert and dispositive motions: 40 pages for opening/answering, 20 pages for reply.

Opening Brief

40 pages

Applies to: Attorney

Answering Brief

40 pages

Applies to: Attorney

Reply Brief

20 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Claim Construction Briefing4. Plaintiff shall serve, but not file, its opening brief, not to exceed 7,500 words, on ________. Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on ________. Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on ________.

Summary: Claim construction briefs have word limits: opening brief 7,500 words, reply brief 5,000 words, sur-reply brief 2,500 words.

Opening Brief

7,500 words

Reply Brief

5,000 words

Sur Reply

2,500 words

Page Limits

Machine summary. Not checked yet.Note?

For all double-spaced submissions where there are page limits specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

Summary: Word count alternative to page limits: 250 words per page with certification required.

General

250 words

Applies to: Attorney

Standing Order 0 · Dec 2019 · p. 1
|SecSTANDING ORDER REGARDING BRIEFING IN ALL CASES

Document Format Requirements6 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

Summary: Jury documents must be submitted in WordPerfect format.

Required Format

Word Perfect

Rule16 Scheduling Order-Non-Patent · p. 5
|SecJury Instructions, Voir Dire, and Special Verdict Forms
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

Summary: Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov in Word format.

Required Format

DOCX

Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

Summary: Joint Claim Construction Chart must be in Word format and emailed to chambers simultaneously with filing.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.

Summary: Discovery-related motions must be emailed in Word format to rga_civil@ded.uscourts.gov simultaneously with filing.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.

Summary: Jury documents must be submitted in Word format to specified email address.

Required Format

DOCX

FormattingCivil cases

Machine summary. Not checked yet.Important?

The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

Summary: Plaintiff must submit jury instructions, voir dire, and verdict forms in WordPerfect format via email to a designated address.

Required Format

Word Perfect

Rule16 Scheduling Order-Non-Patent · p. 5
|SecJury Instructions, Voir Dire, and Special Verdict Forms

Document Filing Requirements43 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

Summary: Certification of total word count is required when using word count limit.

Document Type

Brief

Content & Formatting
Word Count
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ___________

Summary: Motions to join parties or amend pleadings must be filed by specified deadline

Document Type

Motion

Content & Formatting
Caption
Case Number
Judge Name
Legal Argument
Rule16 Scheduling Order-Non-Patent · p. 1
|SecJoinder of Other Parties and Amendment of Pleadings
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., 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.

Summary: Daubert objections must be made by dispositive motion deadline

Document Type

Motion

Content & Formatting
Caption
Case Number
Judge Name
Legal Argument
Rule16 Scheduling Order-Non-Patent · p. 2
|SecDisclosure of Expert Testimony
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 no later than 5 p.m. on the third business day before the date of the final pretrial conference. The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

Summary: Jury-related documents due 3 business days before final pretrial conference.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
Rule16 Scheduling Order-Non-Patent · p. 5
|SecJury Instructions, Voir Dire, and Special Verdict Forms
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 no later than 5 p.m. on the third business day before the date of the final pretrial conference.

Summary: Parties must file proposed voir dire, jury instructions, and special verdict forms by 5 p.m. three business days before the final pretrial conference.

Document Type

Pretrial Order

Content & Formatting
Proposed Order
Rule16 Scheduling Order-Non-Patent · p. 5
|SecJury Instructions, Voir Dire, and Special Verdict Forms
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 disclose another party's information designated as confidential 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: Protective orders must include required 'Other Proceedings' paragraph about limiting disclosure.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

Summary: Non-dispositive motions must contain statement required by Local Rule 7.1.1.

Document Type

Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the third business day before the date of the final pretrial conference.

Summary: Joint proposed final pretrial order due by 5 p.m. on 3rd business day before final pretrial conference.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 as confidential 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: Any proposed protective order must include the specified 'Other Proceedings' paragraph.

Document Type

Protective Order

Specific requirements detailed in rule text.
Rule 16 pretrial order patent rev 2 2023 · p. 4
|SecApplication to Court for Protective Order
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties need not include any general summaries of the law relating to claim construction.

Summary: Joint Claim Construction Brief must not include general summaries of claim construction law.

Document Type

Joint Claim Construction Brief

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Joint Claim Construction Chart should include an explanation of why resolution of the dispute makes a difference.

Summary: Joint Claim Construction Chart must explain why dispute resolution matters.

Document Type

Joint Claim Construction Chart

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.

Summary: Materials that would be in an appendix must be submitted in a Joint Appendix.

Document Type

Joint Claim Construction Brief

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Exhibit List
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

In this joint submission, the parties shall not provide argument.

Summary: Joint Claim Construction Chart must not include argument.

Document Type

Joint Claim Construction Chart

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall copy and past their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Summary: Joint Claim Construction Brief must combine unfiled briefs in sequential order.

Document Type

Joint Claim Construction Brief

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No later than ___________, the parties shall file a Joint Claim Construction Brief.

Summary: Joint Claim Construction Brief must be filed by specified deadline.

Document Type

Joint Claim Construction Brief

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____________, 20__.

Summary: Joint Claim Construction Chart must be filed by specified deadline.

Document Type

Joint Claim Construction Chart

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with the Joint Claim Construction Chart.

Summary: Patent(s) and relied-upon intrinsic record portions must be submitted with Joint Claim Construction Chart.

Document Type

Joint Claim Construction Chart

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Exhibit List
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The 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.

Summary: Joint Claim Construction Chart must identify disputed terms and proposed constructions with intrinsic evidence citations.

Document Type

Joint Claim Construction Chart

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

For each term in dispute, there should be a table or the like setting forth the term in dispute, the parties’ competing constructions, and why resolution of the dispute matters. The table does not count against the word limits.

Summary: Each disputed term must have a table showing term, competing constructions, and dispute significance. Tables don't count against word limits.

Document Type

Joint Claim Construction Brief

Content & Formatting
Caption
Case Number
Judge Name
Certificate Of Service
Notice Of Electronic Filing
Rule 16 pretrial order patent rev 2 2023 · p. 6
|SecClaim Construction Procedure
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 of this Order.

Summary: Parties must confer and submit proposed protective order within 10 days if needed.

Document Type

Protective Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Parties are required to submit a joint statement no later than one week before the pretrial conference.

Summary: Mediation joint statement required one week before pretrial conference.

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The Parties are required to engage in good faith in an in-person mediation. They are to hire a jointly agreed-upon mediator. The timing of mediation efforts is left to the discretion of the Parties, but the mediation efforts need to be conducted in advance of the pretrial conference. The Parties are required to submit a joint statement no later than one week before the pretrial conference. The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith.

Summary: Mandatory in-person mediation with joint statement required one week before pretrial conference.

Document Type

Mediation Joint Statement

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith.

Summary: Joint mediation statement must include mediator ID, lead counsel, mediation length, and good faith certification.

Document Type

Letter

Content & Formatting
Certificate Of Conference
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the above-scheduled claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.

Summary: Joint claim construction brief filing requires simultaneous motion requesting hearing and stating requested argument time.

Document Type

Joint Claim Construction Brief

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

If one or more of the patents-in-suit have already been licensed or settlement agreements to Defendant no later than the time of the initial Rule 16(b) scheduling conference, or (2) if Plaintiff requires a Court Order to make such disclosures, Plaintiff shall file any necessary proposed orders no later than twenty-four hours before the initial Rule 16(b) scheduling conference. Plaintiff shall represent in the scheduling order that it is complying or has complied with this requirement.

Summary: Plaintiff must disclose existing licenses/settlements by scheduling conference or file proposed order 24 hours prior.

Document Type

Scheduling Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No later than ___________, the parties shall file a Joint Claim Construction Brief. The parties shall copy and past their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Summary: Parties must file a Joint Claim Construction Brief by copying unfiled briefs into one document with positions in sequential order.

Document Type

Joint Claim Construction Brief

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff2 should advise whether it expects to institute any further litigation in this or other Districts within the next year. Defendant should advise whether it expects to file one or more IPRs and, if so, when.

Summary: Plaintiff must disclose expected future litigation; Defendant must disclose expected IPR filings.

Document Type

Scheduling Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 no later than 6 p.m. on the fourth business day before the date of the final pretrial conference.

Summary: Jury-related documents must be filed by 6 p.m. on the fourth business day before final pretrial conference.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 6 p.m. on the fourth business day before the date of the final pretrial conference.

Summary: Jury instructions, voir dire, and special verdict forms due 4 business days before final pretrial conference by 6 p.m.

Document Type

Jury Instructions

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 as confidential 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: Protective orders must include paragraph about disclosure in other proceedings.

Document Type

Protective Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the fourth business day before the date of the final pretrial conference.

Summary: Joint proposed final pretrial order due 4 business days before pretrial conference by 5 p.m.

Document Type

Joint Proposed Final Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

Summary: Non-dispositive motions must include statement required by Local Rule 7.1.1.

Document Type

Non Dispositive Motion

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All parties shall be prepared to discuss at the conference what their preliminary views of damages are.

Summary: All parties must be prepared to discuss preliminary damages views at scheduling conference.

Document Type

Scheduling Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties should set forth a statement identifying any other pending or completed litigation including IPRs involving one or more of the asserted patents.

Summary: Parties must identify other litigation/IPRs involving asserted patents in scheduling order.

Document Type

Scheduling Order

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Whenever the response of the United States is to a "suppression motion," the response shall include the position of the United States as to whether an evidentiary hearing is required, including, if appropriate, the reasons for the position of the United States.

Summary: Suppression motion responses must include position on evidentiary hearing

Document Type

Response

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Summary: Separate briefing is prohibited on in limine requests unless Court permits.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

As each brief is written and provided to the opposing party, the individual responsible for verifying the word count will represent to the other party that it has so verified and by what means. These verifications should not be provided to the Court unless a dispute arises about them.

Summary: Word count verification must be represented to opposing party but not filed with Court unless dispute arises.

Document Type

Claim Construction Brief

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(f) above.

Summary: If parties cannot agree on protective order, follow Paragraph 3(f) procedures.

Document Type

Protective Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution.

Summary: Case referred to magistrate judge for ADR exploration.

Document Type

Adr Process

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s)3. This document will not be filed with the Court.

Summary: Parties must exchange claim construction lists but not file them with the Court.

Document Type

Claim Construction List

Specific requirements detailed in rule text.
Rule 16 pretrial order patent rev 2 2023 · p. 5
|SecClaim Construction Procedure
Filing RequirementsCivil cases

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The parties, if they think it necessary, should set times in the schedule for reducing the number of asserted claims and asserted prior art used for anticipation and obviousness combinations. The usual points where the Court will consider such limits are before claim construction and after a ruling on claim construction.

Summary: Parties should schedule claim/prior art reduction before claim construction and after ruling.

Document Type

Scheduling Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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This matter is referred to a magistrate judge to handle all discovery disputes including any that arise in connection with expert reports. (This referral is optional, and should be deleted unless all parties agree to it.)

Summary: Discovery disputes are referred to magistrate judge, but referral is optional.

Document Type

Discovery Dispute

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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The parties may, if they choose, agree to a timetable for initial patent disclosures either as set forth in the Delaware Default Standard for Discovery or as agreed to by the parties, and the parties should set forth any such agreement in the scheduling order.

Summary: Parties may agree to patent disclosure timetable in scheduling order.

Document Type

Scheduling Order

Specific requirements detailed in rule text.

Filing & Service rules

Courtesy Copy Requirements

Two courtesy copies of all briefs and one copy of supporting documents required.

The parties shall provide to the Court two courtesy copies of all briefs and one courtesy copy of 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.

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Two courtesy copies required for briefs; one courtesy copy for supporting documents; applies to sealed papers.

The parties shall provide to the Court two courtesy copies of all briefs and one courtesy copy of 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.

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Courtesy copy of sealed documents must be provided within one hour of e-filing.

Should any document(s) be filed under seal, a courtesy copy of the sealed document(s) must be provided to the Court within one hour of e-filing the document(s).

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Courtesy copy of sealed documents must be provided to Court within 1 hour of e-filing.

Should any document(s) be filed under seal, a courtesy copy of the sealed document(s) must be provided to the Court within one hour of e-filing the document(s).

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Sealing & Redaction Procedures

Sealed papers require original and copy delivered to Clerk; redacted version filed electronically within 7 days.

When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. 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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Sealed papers require original and copy to Clerk; redacted version due within 7 days.

When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. 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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Redacted version of sealed documents must be filed electronically within 7 days.

When filing papers under seal, 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 4 | Papers Filed Under Seal

Redacted version of sealed documents must be filed electronically within 7 days.

When filing papers under seal, 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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Filing Bundling Requirements

In limine requests must be included in proposed pretrial order with page limits.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one 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 page submission (and, if the moving party, a single one page reply). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

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Page 5 | Motions in Limine

Multiple parties supporting or opposing an in limine request must combine their submission into a single 3-page document (or single 1-page reply for moving parties).

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).

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Page 5 | Motions in Limine

Motions in limine must not be filed separately and must be included in the proposed pretrial order instead.

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 5 | Motions in Limine

Separate briefing on in limine requests is prohibited unless court permission is obtained.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

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Page 5 | Motions in Limine

Pre-Motion Conference Requirements

Daubert objections must be filed by dispositive motion deadline unless court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., 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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Pre-motion letter (max 3 pages) required for discovery disputes, with 7-day and 5-day filing deadlines.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court’s Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any 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. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s opposition.

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Discovery-related motions filed without leave will be denied without prejudice.

If a discovery-related motion is filed without leave of the Court, it will be denied without prejudice to the moving party’s right to bring the dispute to the Court through the discovery matters procedures set forth in this Order.

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Discovery disputes require contacting the Case Manager to schedule a conference, with pre-conference letters (max 3 pages) due 7 days for moving party and 5 days for opposition.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court's Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any 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. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's opposition.

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Adjournment & Extension Requirements

United States must respond to defense pretrial motions within 21 calendar days

Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant's motion was filed;

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Page 1 | STANDING ORDER

Objections to expert reports must be raised within one week of submission.

If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report.

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United States may request extension for good cause

For good cause shown, the United States may request an alteration to the presumptive schedule;

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Page 1 | STANDING ORDER

Chambers Communication Rules

Scheduling order must be emailed in Word format to chambers simultaneously with filing.

order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.

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Page 3 | SCHEDULING ORDER

Jury instruction documents must be submitted in Word format via email to rga_civil@ded.uscourts.gov simultaneously with filing.

The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.

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Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov simultaneously with filing.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

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About United States District Judge Richard G. Andrews

**Senior Judge Richard G. Andrews** was appointed to the District of Delaware by President Barack Obama in 2011. He was nominated on May 11, 2011, confirmed by the Senate on November 3, 2011, received his commission on November 7, 2011, and assumed his judicial role on November 11, 2011. He filled the seat vacated by Joseph James Farnan, Jr. Judge Andrews assumed senior status on January 1, 2024. He was born in Manchester, England. Before his appointment, Judge Andrews served as an Assistant United States Attorney in the District of Delaware for over two decades, followed by service as a state prosecutor with the Delaware Department of Justice. He also clerked on the U.S. Court of Appeals for the Third Circuit early in his career. **Education** - University of California, Berkeley, Boalt Hall School of Law, J.D., 1981 - Haverford College, B.A., 1977 **Career** - Law clerk to Hon. Collins J. Seitz, U.S. Court of Appeals for the Third Circuit (1981–1982) - Assistant United States Attorney, District of Delaware (1983–2007) - State prosecutor, Delaware Department of Justice (2007–2011)

**Courthouse:** J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 **Chambers:** Room 6325, Unit 9 **Courtroom:** 6A **Phone:** (302) 573-4581 **Chambers Staff** - Courtroom Deputy: (302) 573-4536 - Case Manager: (302) 573-6137 **Note:** Judge Andrews assumed senior status on January 1, 2024. Delaware is a major patent and corporate litigation court, particularly known for high-volume patent cases.

Common questions about Judge Richard G. Andrews's rules

Are courtesy copies required for Judge Richard G. Andrews?

Courtesy-copy rule applies for all covered filings. Details: 1 copy, delivery within 1 hour, by hand delivery. Courtesy copy of sealed documents must be provided within one hour of e-filing.

Does Judge Richard G. Andrews require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery motions. Details: 3 pages, response due in 5 days. Pre-motion letter (max 3 pages) required for discovery disputes, with 7-day and 5-day filing deadlines.

What page or word limits apply to brief before Judge Richard G. Andrews?

Judge Richard G. Andrews' rule states these limits: attorney: 5000 words. Parties may use word count (250 words per page) as an alternative to page limits for double-spaced submissions.

What page or word limits apply to letter before Judge Richard G. Andrews?

Judge Richard G. Andrews' rule states these limits: attorney: 3 pages. Discovery dispute letters limited to 3 pages; 48-hour and 24-hour filing deadlines.

What formatting rules apply to filings before Judge Richard G. Andrews?

Judge Richard G. Andrews' formatting rule includes file format word perfect. Jury documents must be submitted in WordPerfect format.

View ruleSource: page 5, section Jury Instructions, Voir Dire, and Special Verdict Forms

What must be included with brief filings before Judge Richard G. Andrews?

The rule requires word count. Certification of total word count is required when using word count limit.

What must be included with motion filings before Judge Richard G. Andrews?

The rule requires caption, judge name, case number, and legal argument. Motions to join parties or amend pleadings must be filed by specified deadline

View ruleSource: page 1, section Joinder of Other Parties and Amendment of Pleadings

How may parties contact Judge Richard G. Andrews' chambers?

The rule addresses email communications with Judge Richard G. Andrews' chambers. The rule lists email rga_civil@ded.uscourts.gov. Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov simultaneously with filing.

How does Judge Richard G. Andrews handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf and file unredacted to clerk. Sealed papers require original and copy to Clerk; redacted version due within 7 days.

How do I request an adjournment or extension before Judge Richard G. Andrews?

Requests should be made at least 21 calendar days in advance when this rule applies before Judge Richard G. Andrews. The request must include original date. United States must respond to defense pretrial motions within 21 calendar days

View ruleSource: page 1, section STANDING ORDER

Does Judge Richard G. Andrews require motion papers to be bundled?

Yes. Judge Richard G. Andrews requires bundling for covered papers. In limine requests must be included in proposed pretrial order with page limits.

View ruleSource: page 5, section Motions in Limine
Complete rules summary for Judge Richard G. Andrews

Word count alternative to page limits: 250 words per page with certification required.

Parties may use word count (250 words per page) as an alternative to page limits for double-spaced submissions.

Certification of total word count is required when using word count limit.

Motions to join parties or amend pleadings must be filed by specified deadline

Daubert objections must be made by dispositive motion deadline

Courtesy copy of sealed documents must be provided within one hour of e-filing.

Sealed papers require original and copy to Clerk; redacted version due within 7 days.

Discovery dispute letters limited to 3 pages; 48-hour and 24-hour filing deadlines.

In limine requests must be included in proposed pretrial order with page limits.

In limine requests limited to 3 per party with 3-page argument limits.

Jury-related documents due 3 business days before final pretrial conference.

Jury documents must be submitted in WordPerfect format.

Case referred to magistrate judge for ADR exploration.

Party seeking relief in discovery dispute must file letter not exceeding 3 pages at least 48 hours before hearing.

Opposing party in discovery dispute may file letter not exceeding 3 pages at least 24 hours before hearing.

Sealed papers require original and copy delivered to Clerk; redacted version filed electronically within 7 days.

Courtesy copy of sealed documents must be provided to Court within 1 hour of e-filing.

Non-dispositive motions must contain statement required by Local Rule 7.1.1.

Joint proposed final pretrial order due by 5 p.m. on 3rd business day before final pretrial conference.

Protective orders must include required 'Other Proceedings' paragraph about limiting disclosure.

Motions in limine must not be filed separately and must be included in the proposed pretrial order instead.

Each party is limited to three in limine requests unless court permission is obtained.

In limine requests are limited to 3 pages of argument, opposition limited to 3 pages, and reply limited to 1 page.

Multiple parties supporting or opposing an in limine request must combine their submission into a single 3-page document (or single 1-page reply for moving parties).

Separate briefing on in limine requests is prohibited unless court permission is obtained.

Parties must file proposed voir dire, jury instructions, and special verdict forms by 5 p.m. three business days before the final pretrial conference.

Plaintiff must submit jury instructions, voir dire, and verdict forms in WordPerfect format via email to a designated address.

Two courtesy copies of all briefs and one copy of supporting documents required.

Two courtesy copies required for briefs; one courtesy copy for supporting documents; applies to sealed papers.

Jury documents must be submitted in Word format to specified email address.

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