District of Delaware Local Rules and Judge Filing Requirements
Filing requirements from individual practices, standing orders, and published court policies for District of Delaware
Federal court local rules are only the first layer. These filing requirements come from individual judges' practices, standing orders, and policies published by the District of Delaware. They supplement the district local rules and the Federal Rules of Civil Procedure. Requirements vary significantly between judges in the same district, so always verify the specific rules for your assigned judge.
- Magistrate Judge Christopher J. Burke
Sworn declarations required for disputed factual issues
- Chief Judge Colm F. Connolly
Materials for appendix must be submitted in Joint Appendix.
- Magistrate Judge Sherry R. Fallon
Rebuttal fact witness list due one month after receiving initial fact witness list
- Judge Maryellen Noreika
Page limits for proposed Findings of Fact must be proposed in pretrial order.
- Magistrate Judge Eleanor G. Tennyson
Parties must submit to depositions within this district upon request.
- Magistrate Judge Christopher J. Burke
Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.
- Chief Judge Colm F. Connolly
Defendant's sur-reply brief in claim construction is limited to 2,750 words.
- Magistrate Judge Sherry R. Fallon
Opposing parties must respond to concise statement of facts within 6 pages, addressing each paragraph and providing citations for disputed facts.
- Magistrate Judge Eleanor G. Tennyson
Opposition to summary judgment must include a response to the concise statement, limited to 6 pages.
- Judge Gregory B. Williams
Opposition to motions to strike must be filed within 7 days as a 5-page letter.
- Magistrate Judge Sherry R. Fallon
Joint voir dire, jury instructions, and verdict forms must be filed 3 business days before the final pretrial conference with electronic courtesy copies in Microsoft Word format emailed to Rebecca_Polito@ded.uscourts.gov.
- Magistrate Judge Christopher J. Burke
Two courtesy copies required for briefs and supporting documents, including sealed papers, by noon next business day.
- Chief Judge Colm F. Connolly
Parties may submit two courtesy copies of a case compendium with any briefing.
- Judge Gregory B. Williams
Courtesy copies required for briefs, appendices, exhibits, declarations, affidavits, and sealed papers; appendices/exhibits must have hard tabs.
- Magistrate Judge Eleanor G. Tennyson
Parties must provide two double-sided courtesy copies of all briefs and supporting documents, with tabbed exhibits and highlighted sections.
- Judge Jennifer L. Hall
Parties must jointly submit a proposed judgment order within seven days after jury verdict.
- Bankruptcy Thomas M. Horan
Parties are encouraged to submit a redline of agreed changes to a proposed order one hour before the hearing.
- Magistrate Judge Laura D. Hatcher
Parties must supplement identification of accused products and invalidity references by the specified date, unless otherwise agreed and approved.
- Magistrate Judge Christopher J. Burke
Opposition to a motion to amend must be filed within 7 days of the motion.
- Chief Judge Colm F. Connolly
Opposition letter for discovery disputes must be filed 48 hours before the conference.
- Chief Judge Colm F. Connolly
Brief cover colors: opening (blue), answering (red), reply (gray); motions in limine excluded.
- Magistrate Judge Christopher J. Burke
The parties must produce single-page TIFF images with associated multi-page extracted-text or OCR files and Concordance and Opticon load files containing requisite information, including relevant metadata.
- Bankruptcy Thomas M. Horan
Multiple exhibits should be sent as a zip file with exhibit numbers and descriptions.
- Judge Maryellen Noreika
Non-hyperlinked cases: trial exhibits required within 1 week, double-sided, stapled/bound, in labeled folders, with electronic copy on labeled flash drive.
- Magistrate Judge Laura D. Hatcher
Pretrial documents must be submitted in Word format.
- Bankruptcy Thomas M. Horan
Confer with chambers to obtain dates before filing a Certificate of Counsel and proposed Omnibus Hearing Date Order.
- Magistrate Judge Mary Pat Thynge
Video conference emails must include links and joining instructions.
- Visiting Mark A. Kearney
PSI reports and sentencing memoranda must be emailed to chambers at the specified address.
- Bankruptcy J. Kate Stickles
Parties may inquire about status of pending matters after reasonable time.
- Visiting Joshua D. Wolson
Counsel must contact Judge Wolson by phone for deposition issues and must not leave a deposition without first attempting to contact Chambers for guidance.
- Judge Gregory B. Williams
Motions to strike must be accompanied by a 3-page letter, not an opening brief.
- Magistrate Judge Christopher J. Burke
Early case dispositive motions require leave with 4-page letter brief; responsive briefs limited to 4 pages within 7 days; no reply briefs.
- Chief Judge Colm F. Connolly
Meet and confer required 3-2 weeks before claim construction hearing to file Amended Joint Claim Construction Chart.
- Visiting Mark A. Kearney
Responses to discovery motions are due within 3 days absent a court order.
- Magistrate Judge Sherry R. Fallon
Opposition pre-motion letter (max 4 pages, 12pt font) due 48 hours before conference.
- Chief Judge Colm F. Connolly
Multiple Daubert motions must be numbered in order of priority; Court will not review subsequent motions if one is denied.
- Bankruptcy Mary F. Walrath
First Day Binders require submission of a virtual hyperlinked hearing agenda and delivery of one physical binder to Chambers.
- Magistrate Judge Christopher J. Burke
Separate briefing on in limine requests is prohibited; all arguments must be included in the pretrial order.
- Magistrate Judge Sherry R. Fallon
Demonstratives created during testimony or used for cross examination are exempt from the exchange requirements.
- Judge Jennifer L. Hall
Motions in limine must not be filed separately.
- Magistrate Judge Sherry R. Fallon
To request sealing/redaction of a transcript, file a motion with highlighted complete transcript and proposed redacted version.
- Magistrate Judge Christopher J. Burke
Redacted versions of sealed documents must be filed electronically within 7 days of the sealed filing.
- Magistrate Judge Eleanor G. Tennyson
Redacted version of sealed documents must be filed electronically within 7 days.
- Chief Judge Colm F. Connolly
Sealed documents require 1 original + 2 copies to Clerk; electronic redacted version within 7 days.
- Judge Jennifer L. Hall
To seal a transcript, note intent at start of proceeding and file a motion with highlighted and proposed redacted transcripts.
- Visiting Joshua D. Wolson
Continuances of court events are granted only in extreme circumstances; other extension requests require an appropriate showing of good cause.
- Visiting Mark A. Kearney
Parties must adhere to scheduling orders unless good cause exists; trial date extensions require extraordinary circumstances.
- Chief Judge Colm F. Connolly
Claim construction hearing: no testimony without prior approval, max 3 hours total.
- Judge Richard G. Andrews
United States may request extension for good cause
- Magistrate Judge Sherry R. Fallon
Discovery-related extension requests for case dispositive motions must follow the discovery dispute letter procedure.
- Judge Jennifer L. Hall
Mediation statements must not be e-filed or docketed.
- Visiting Joshua D. Wolson
Stipulations and proposed orders must be emailed to Chambers instead of filed on the docket, departing from Local Civil Rule 5.1.2(9).
- Bankruptcy J. Kate Stickles
For claims binders, email hyperlinked index or consolidated searchable PDF.
- Chief Judge Colm F. Connolly
Sealed documents must be filed electronically.
- Magistrate Judge Sherry R. Fallon
Mediation statements must not be electronically filed; they must be delivered to the Clerk's Office in a sealed envelope addressed to the Magistrate Judge.
- Chief Judge Colm F. Connolly
Claim construction briefs are served on opposing counsel but not filed with the court individually.
- Visiting Joshua D. Wolson
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.
- Bankruptcy Thomas M. Horan
After filing a Notice of Completion of Briefing, email a copy to chambers.
- Magistrate Judge Christopher J. Burke
Delaware counsel must inform out-of-state counsel about this Order.
- Bankruptcy Craig T. Goldblatt
Exhibits intended for use at a hearing must be emailed in PDF format to all relevant parties and chambers no later than 24 hours before the hearing.
- Magistrate Judge Christopher J. Burke
Judge encourages newer attorneys to argue motions they contributed to briefing for.
- Bankruptcy Thomas M. Horan
If a party designates a younger attorney to argue a motion, the Court will permit supervising counsel to assist during oral argument.
- Judge Maryellen Noreika
Attorneys with fewer than 7 years of experience are encouraged to participate in proceedings.
- Visiting Joshua D. Wolson
Judge Wolson encourages assigning court presentations to less-experienced attorneys and may permit two lawyers to argue if requested in advance.
- Visiting Todd M. Hughes
Newer attorneys (practicing fewer than 7 years) are encouraged to participate in oral arguments; upon notice, judge grants oral argument if practicable, considers extra time, and allows experienced counsel to assist.