District of Delaware Document Filing Requirements

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Compensation application

Applications for compensation for particular matters outside the Standard Fee or Business Standard Fee must include time records for that matter.

For applications requesting compensation and expenses for particular matters not included in the Standard Fee or the Business Standard Fee under this General Order, e.g., a final evidentiary hearing on a motion to lift stay, the attorney must include time records for the particular matter.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Proposed order

Must include

proposed order

Debtors must submit a proposed fee-examiner order under counsel’s certification no later than 60 days after the Case begins.

The debtor(s) shall submit under certification of counsel, by no later than 60 days after the commencement of the Case, a proposed order regarding the appointment of a fee examiner and the establishment of related procedures concerning the fee examiner's review of the professional fee applications.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Proposed order

Counsel’s certification must state whether the Official Committee, if applicable, and the United States Trustee consent to the proposed order and, if not, describe the scope and basis of the dispute.

The certification shall indicate whether the proposed order has the consent of the Official Committee (if applicable) and the office of the United States Trustee; and, if not, the scope and basis of any dispute.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Checklist

Must include

proposed order

The parties must address each listed matter and submit a joint proposed scheduling order with the Checklist that identifies points of disagreement.

Address each matter listed in the Revised Patent Form Scheduling Order and submit, along with this Checklist, a joint proposed scheduling order, clearly identifying points of disagreement.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Initial disclosures

Within 30 days after the Rule 16 Conference, each party must identify the 10 most likely custodians in ranked order and provide each custodian’s name, title, role, and information subject matter.

3. Initial Disclosures. Within 30 days after the Rule 16 Conference, each party shall disclose: a. Custodians. The 10 custodians most likely to have discoverable information in their possession , custody or control , from the most likely to the least likely. The custodians shall be identified by name, title, role in the instant dispute, and the subject matter of the information.

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

Civil cases

Applies to

Lodestar application ?

The application must include time records for all work performed on the case.

Summary: A lodestar application for compensation and expenses must include time records for all work performed on the case.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order ?

Must include

caption

All related docket numbers must be included in the caption of the proposed e-order when uploaded.

Summary: Proposed e-orders must include all related docket numbers in the caption when uploaded.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order

Additionally, all exhibits to the proposed order must be uploaded as separate attachments.

Summary: Exhibits to proposed orders must be uploaded as separate attachments, not embedded in the proposed order document.

Machine summary. Not checked yet.CRITICAL?

Applies to

Revised proposed order ?

If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion (or any subsequently revised form of order filed on the docket), counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least one hour prior to the hearing.

Summary: Revised proposed orders must be submitted to the Court in both clean (unredlined) and redline (tracked changes) form.

Machine summary. Not checked yet.CRITICAL?

Applies to

Agenda

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t-goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Summary: Agendas for in-person proceedings must include specified language regarding attendance, remote participation, and registration requirements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Agenda

All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t-goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by [4:00 p.m. (Eastern time) the business day before / one-hour prior to] the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Summary: Agendas for remote proceedings must include specified language regarding remote participation method, expectations, and registration requirements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order ?

Must include

case number ?

All related docket numbers must be included in the caption of the proposed e-order when uploaded.

Summary: Proposed electronic orders must include all related docket numbers in the caption.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order

When submitting a revised proposed order under CoC, the CoC must state whether the revised form of order has been reviewed and approved by all parties affected by the order and the U.S. Trustee; and attach a redline revised proposed order reflecting all revisions to the proposed order originally submitted with the pleading.

Summary: Revised proposed order under CoC must include statement of approval and attach redline.

Machine summary. Not checked yet.CRITICAL?

Applies to

Agenda

The "status" of a matter listed on an agenda must indicate whether the matter is going forward, whether a continuance is requested (and whether such continuance is opposed), whether any or all of the objections have been resolved and any other pertinent status information, including whether the presentation of witness(es) is expected, and, if so, the identity of the witness(es), and the party presenting the witness(es). Counsel responsible for submitting the agenda must consult with other parties in interest to identify any witness(es) that will be presented.

Summary: Agenda status must indicate if matter is going forward, continuance requested, objections resolved, witness presentation expected, and counsel must consult parties.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order

If a movant intends to present a proposed order to the Court that contains revisions to the proposed order originally submitted with the pleading, counsel for the movant must endeavor to provide the Court the revised clean and redline form of order at least two (2) hours prior to the hearing.

Summary: Counsel must provide revised clean and redline form of order at least 2 hours prior to hearing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Witness intention ?

If parties intend to call witnesses at a hearing, they must file their intention to do so at least forty-eight (48) hours prior to the hearing. The filing must contain the identity of each witness and the scope of the testimony. In addition, witnesses must be noted on the hearing agenda.

Summary: Parties must file intention to call witnesses at least 48 hours prior to hearing, including identity and scope; witnesses must be noted on agenda.

Machine summary. Not checked yet.CRITICAL?

Applies to

Agenda

Agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Summary: Agendas for in-person proceedings must include specific language about in-person conduct and registration requirements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Agenda

Agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Summary: Agendas for remote proceedings must include specific language about remote conduct and registration requirements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion for shortened notice ?

The motion requesting shortened notice must include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).

Summary: Motion for shortened notice must include an averment of Delaware counsel per Del. Bankr. L.R. 9006-1(e).

Machine summary. Not checked yet.CRITICAL?

Applies to

Foreign language document

Any foreign language document offered by a party in a case must be accompanied by an English language translation and a certificate of translation.

Summary: Foreign language documents must include English translation and certificate of translation.

Machine summary. Not checked yet.CRITICAL?

Applies to

Sealed document ?

Documents filed under seal should be stamped “Filed Under Seal” and printed on color paper.

Summary: Sealed documents in binders must be stamped 'Filed Under Seal' and printed on color paper.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order ?

Must include

caption, case number ?

Orders must reference the related docket number(s) in the case caption and include 4 inches of blank space at the end of the order for the Judge's signature and date.

Summary: Orders must reference the related docket number(s) in the case caption.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order

Exhibits to a proposed order must be uploaded separately as "Attachments to Document."

Summary: Exhibits to a proposed order must be uploaded separately as attachments.

Machine summary. Not checked yet.CRITICAL?

Applies to

Notice of settlement

If a matter has settled or otherwise been resolved, counsel must file a notice of settlement or notice of adjournment of trial.

Summary: Counsel must file a notice of settlement or notice of adjournment of trial if matter resolved.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pleading

When filing a pleading that cites to a ruling that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be attached to the pleading as an exhibit.

Summary: When citing unpublished ruling, attach copy as exhibit.

Machine summary. Not checked yet.CRITICAL?

Applies to

Financial document ?

Any monetary figure reported in a currency other than U.S. Dollars that is submitted to the Court must be accompanied by the value of such monetary figure in U.S. Dollars as of a specified date and exchange rate. For budgets and financial statements, the U.S. Dollar-converted budget or statement shall be appended to any foreign-currency version and specify the exchange rate and date of conversion. The foreign currency must also be adequately identified (e.g., 'pesos' is insufficient, but 'Mexican Pesos' or 'MXN' is sufficient).

Summary: Foreign currency figures must include U.S. Dollar value with date and exchange rate; budgets must append converted version; currency must be adequately identified.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Agenda

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Owens’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-karen-b-owens) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Owens’s expectations of remote

Summary: Agendas for in-person court proceedings must include specified text regarding in-person attendance requirements, remote participation options, and references to relevant chambers procedures and court eCourt appearance resources.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Agenda

All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Owens’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-karen-b-owens) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Owens’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Summary: All remote proceeding agendas must include specified content about the Zoom proceeding, participation methods, judge’s expectations, and registration requirements.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed order ?

Must include

case number ?

All related docket numbers must be included in the caption of the proposed e-order when uploaded.

Summary: All related docket numbers must be included in the caption of the proposed e-order upon upload.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Agenda

Agendas shall contain a hyperlink to all referenced filings.

Summary: All hearing agendas must include hyperlinks to all referenced filings.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Omnibus binder ?

The binders shall NOT contain filings for continued or resolved matters.

Summary: Omnibus/other hearing binders must not include filings for continued or resolved matters.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Omnibus binder ?

All filings shall reference the docket number and date filed.

Summary: All filings included in omnibus/other hearing binders must reference the docket number and date filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Cno coc binder

With the exception of retention applications, Counsel shall NOT send a separate CNO/COC Binder for matters scheduled for an omnibus hearing unless the Court directs otherwise.

Summary: Separate CNO/COC binders are prohibited for omnibus hearing matters, except for retention applications, unless the Court directs otherwise.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Fee application binder ?

The binder must otherwise fully comply with Local Rule 9029-3.

Summary: Fee application binders must fully comply with Local Rule 9029-3.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Omnibus objection proof of claim binder ?

The binder must otherwise fully comply with Local Rule 3007-1.

Summary: Omnibus objection proof of claim binders must fully comply with Local Rule 3007-1.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Completion of briefing binder ?

A Notice of Completion of Briefing filed in an adversary proceeding shall be delivered to chambers together with one binder including copies of the motions/briefs identified in the Notice, the relevant pleadings, and any request for oral argument.

Summary: Binders delivered with a Notice of Completion of Briefing in an adversary proceeding must include copies of the motions/briefs identified in the Notice, relevant pleadings, and any request for oral argument.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Scheduling order

A preliminary hearing will be held and a Scheduling Order shall be presented.

Summary: A Scheduling Order must be presented following the preliminary hearing for initial scheduling conferences in adversary proceedings.

Machine summary. Not checked yet.CRITICAL?

Applies to

Zoom hearing

A Zoom hearing is an official court proceeding. Appropriate conduct and courtroom attire is required. Disruptions or inappropriate behavior may result in removal. Under no circumstances may any Zoom participant photograph, record, or broadcast the proceedings or the participants.

Summary: Appropriate conduct and attire required for Zoom hearings; no recording or broadcasting allowed.

Machine summary. Not checked yet.CRITICAL?

Applies to

Witness exhibit list ?

The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits, with reference to the applicable docket index number (if there is one).

Summary: Witness and exhibit list filings must include witness identity, scope of testimony, and exhibit list with docket index numbers.

Machine summary. Not checked yet.CRITICAL?

Applies to

Hearing agenda

Please email chambers a virtual, hyperlinked hearing agenda and a .zip file containing .pdf copies of all relevant filings.

Summary: Chambers must be emailed a virtual hyperlinked hearing agenda and a zip file of PDF copies of relevant filings.

Machine summary. Not checked yet.CRITICAL?

Applies to

Amended agenda

If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.

Summary: If a hearing is canceled or changed, an amended agenda must be promptly filed to inform other parties.

Machine summary. Not checked yet.CRITICAL?

Applies to

Agenda

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom.

Summary: Agendas for in-person proceedings must state that the proceeding is in-person and counsel/witnesses are expected to attend unless permitted to appear remotely.

Machine summary. Not checked yet.CRITICAL?

Applies to

Witness exhibit binder ?

Counsel shall provide each witness with a physical copy of an exhibit binder, containing all exhibits that counsel intends to use during any direct examination of a witness.

Summary: Counsel must provide each witness with a physical exhibit binder containing all exhibits to be used during direct examination.

Machine summary. Not checked yet.CRITICAL?

Applies to

Claims binder ?

Please provide chambers with a binder containing copies of all proofs of claim (with all attachments) along with the objection to those claims.

Summary: Chambers must be provided with a binder containing copies of all proofs of claim with attachments and objections.

Machine summary. Not checked yet.CRITICAL?

Applies to

Notice of completion of briefing

Notices of Completion of Briefing must be filed containing hyperlinks to all relevant pleadings.

Summary: Notices of Completion of Briefing must be filed with hyperlinks to all relevant pleadings.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion ?

Must include

proposed order ?

please attach, as an exhibit, the proposed form of order.

Summary: Motions must include the proposed form of order as an exhibit.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

exhibit list ?

When filing a motion or brief that cites to a ruling from a court outside this jurisdiction that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be provided to the Court as an exhibit.

Summary: Motions or briefs citing out-of-jurisdiction rulings not available on Lexis/Westlaw must include a copy of the ruling as an exhibit.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

local rule certificate ?

Motions for pro hac vice must comply with Local Form 105.

Summary: Motions for pro hac vice admission must comply with Local Form 105.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Amended agenda

If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.

Summary: File an amended agenda promptly if a hearing is canceled or changed.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Motion to shorten notice ?

The motion requesting shortened notice shall include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).

Summary: Motion to shorten notice must include averment of Delaware counsel.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Witness and exhibit list ?

Must include

witness identity, scope of testimony, exhibit list with docket index ?

The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits, with reference to the applicable docket index number (if there is one).

Summary: Witness and exhibit list must include witness identity, scope of testimony, and exhibits with docket index numbers.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Remote witness request ?

Must include

explanation of need ?

All requests for remote participation by witnesses must be emailed to chambers (copying all affected parties) by no later than 4:00 p.m. (Eastern time) three business days prior to the hearing and explain why the extraordinary relief of permitting a witness to appear by Zoom should be granted.

Summary: Remote witness requests must include an explanation of why Zoom appearance is warranted.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Agenda

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.

Summary: In-person hearing agendas must include specific language about in-person conduct and registration deadline.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Agenda

All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before [or, for a first day hearing, one-hour prior to] the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.

Summary: Remote hearing agendas must include specific language about remote conduct and registration deadline.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Agenda

Must include

hyperlinks to pleadings ?

Agendas must contain hyperlinks to all relevant pleadings.

Summary: Agendas must include hyperlinks to all relevant pleadings.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Witness exhibit binder ?

Must include

physical copy, all exhibits for direct examination ?

Counsel shall provide each witness with a physical copy of an exhibit binder, containing all exhibits that counsel intends to use during any direct examination of a witness.

Summary: Counsel must provide each witness with a physical exhibit binder containing all exhibits for direct examination.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Notice of completion of briefing

Notices of Completion of Briefing must be filed containing hyperlinks to all relevant pleadings.

Summary: Notices of Completion of Briefing must include hyperlinks to all relevant pleadings.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Certificate of no objection

Must include

proposed order ?

When filing a certificate of no objection or certification of counsel, please attach, as an exhibit, the proposed form of order.

Summary: When filing a certificate of no objection or certification of counsel, attach the proposed order as an exhibit.

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Motion for pro hac vice

Motions for pro hac vice must comply with Local Form 105.

Summary: Pro hac vice motions must comply with Local Form 105.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Caption

The Caption shall be modified to include the words "ANDA CASE" immediately below the Civil Action Number.

Summary: Caption must include 'ANDA CASE' below the civil action number.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Preliminary disclosure of asserted claims

Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted. Unless otherwise agreed to by the parties, Plaintiff(s) may assert no more than ten claims of any one patent and no more than 32 claims in total against any one Defendant.

Summary: Plaintiff must serve a Preliminary Disclosure of Asserted Claims listing claims and statutory subsections, with a limit of ten claims per patent and 32 claims total per defendant, unless otherwise agreed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Noninfringement contentions

“Noninfringement Contentions” that shall set forth any defense of noninfringement and include a claim chart that identifies each claim at issue in the case, each limitation of each claim at issue, and any and all claim limitations that are literally absent from the Abbreviated New Drug Application(s) or New Drug Application(s) accused of infringement. Defendant(s) shall produce with the Noninfringement Contentions any document or thing that Defendant(s) intend(s) to rely upon in defense of any infringement allegations by Plaintiff(s).

Summary: Noninfringement Contentions must include a claim chart identifying claim limitations and produce supporting documents.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Invalidity contentions

“Invalidity Contentions” that shall contain the following information: (a) The identity of no more than 12 prior art references for any one patent and no more than 30 prior art references in total that Defendant(s) allege(s) anticipates each asserted claim or renders the claim obvious (the “Preliminary Disclosure of Asserted Prior Art”). Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity(ies) of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identity(ies) of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s); (b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness;

Summary: Invalidity Contentions must identify prior art references (max 12 per patent, 30 total), specify identification details, and explain anticipation/obviousness.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief ?

Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

Summary: Pinpoint citations are required in all briefing, letters, and concise statements of facts; unsupported assertions will be ignored.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Protective order

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 the 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: Proposed protective orders must include a specific paragraph regarding other proceedings.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.

Summary: The motion filed with the discovery dispute pre-motion letter must be no more than one paragraph.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief

Must include

word count

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.

Summary: Each claim construction brief must include a certification of compliance with word limits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”

Summary: Each party must file a Motion for Claim Construction with no argument, simply requesting adoption of its positions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

certificate of conference ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Disclosure statement

it is HEREBY ORDERED in all cases assigned to Judge Connolly where a party is a nongovernmental joint venture, limited liability corporation, partnership, or limited liability partnership, that the party must include in its disclosure statement filed pursuant to Federal Rule of Civil Procedure 7.1 the name of every owner, member, and partner of the party, proceeding up the chain of ownership until the name of every individual and corporation with a direct or indirect interest in the party has been identified.

Summary: Parties that are nongovernmental joint ventures, LLCs, partnerships, or LLPs must include in their Rule 7.1 disclosure statement the name of every owner, member, and partner, going up the chain of ownership until all individuals and corporations with a direct or indirect interest are identified.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosures

Must include

certificate of service ?

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.

Summary: Initial disclosures under Rule 26(a)(1) must be made within 5 days of the scheduling order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Disclosure of asserted claims

Must include

certificate of service ?

Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."

Summary: Patent infringement parties must serve Disclosure of Asserted Claims within 30 days of scheduling order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Briefing

Must include

pinpoint citations

Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint

Summary: Pinpoint citations required in all briefing, letters, and concise statements of facts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim construction brief ?

Must include

certificate section ?

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Summary: Each brief must include certification of compliance with word limits and formatting.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Declaration

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Summary: Declarations cannot contain legal arguments or circumvent briefing word limits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

Must include

compliance with order ?

The Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 10 and 14 of this Order.

Summary: Joint Claim Construction Brief and Joint Appendix must comply with paragraphs 10 and 14.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Amended joint claim construction chart

Must include

meet and confer letter ?

The parties shall file with the Amended Joint Claim Construction Chart a letter that sets forth the date on which the meet and confer occurred, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

Summary: Letter required with Amended Joint Claim Construction Chart detailing meet and confer details.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint letter

Must include

testimony approval request ?

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

Summary: Joint letter required for testimony approval at claim construction hearing, due with answering briefs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Expert report

Must include

reply report, initial disclosure, supplemental disclosure ?

For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _. Reply expert reports from the party with the initial burden of proof are due on or before _ _ _ _ _ _ _. No other expert reports will be permitted without

Summary: Expert disclosure deadlines: initial, supplemental, and reply reports with specific timing requirements.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Concise statement

Must include

exhibits

Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).

Summary: Affidavits, declarations, and exhibits must be attached only to concise statements, not briefs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Summary judgment motion

Must include

certificate of service ?

Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case). A party must submit a separate concise statement of facts for each summary judgment motion. Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.

Summary: Summary judgment motions require separate concise statements of material facts; opposition must admit/dispute facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Jury documents ?

Must include

proposed voir dire, special verdict forms, final jury instructions +1 more ?

Where a case is to be tried to a jury, pursuant to Local Rules 47.l(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 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].

Summary: Jury-related documents due 21 days before pretrial conference

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.

Summary: Letter seeking relief on discovery disputes must include averment of counsel and draft order as attachments.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.

Summary: Concurrent motion required with discovery dispute letter, limited to one paragraph.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief

Must include

word count ?

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Summary: Each claim construction brief must include a certification of compliance with type and word count limitations.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

(f) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case). A party must submit a separate concise statement of facts for each summary judgment motion. Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.

Summary: Summary judgment motions must include a separate concise statement of facts; opponents must respond with their own concise statement admitting/disputing facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Concise statement

Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).

Summary: Affidavits, declarations, and exhibits must be attached only to the concise statement, not to briefs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

local rule certificate ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Exhibits ?

Must include

notice of electronic filing ?

Compendiums of cases shall not be filed electronically with the Court, but a notice of service of a compendium of cases shall be filed electronically with the Court.

Summary: Case compendiums must not be filed electronically; only a notice of service of compendium must be filed electronically.

Machine summary. Not checked yet.CRITICAL?

Applies to

Certificate ?

any attorney seeking admission pro hac vice in a case assigned to the undersigned judge shall complete and file with the Court either the Certification attached hereto as Exhibit A-1 or the Certification attached hereto as Exhibit A-2 as appropriate.

Summary: Attorneys seeking pro hac vice admission before this judge must file the appropriate Exhibit A-1 or A-2 certification.

Machine summary. Not checked yet.CRITICAL?

Applies to

Certificate ?

Must include

local rule certificate ?

I certify that I do not practice law with or in the form of a professional corporation or association authorized to practice law for profit. I certify that I am eligible for admission to this Court; that I am admitted, practicing, and in good standing as a member of the Bar of ; and that pursuant to District of Delaware Local Rule 83.6 I submit to the disciplinary jurisdiction of this Court for any alleged misconduct that occurs in the preparation or course of this action. I also certify that I am generally familiar with this Court's Local Rules. In accordance with the Standing Order on Attorney Registration and Pro Hac Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's Office upon the filing of this motion. I further certify that: I. With the exception of the circumstances listed in Rule 5.4(a)(1)-(4) of the Model Rules of Professional Conduct of the American Bar Association, neither I nor my law firm shares or will share legal fees with a nonlawyer;

Summary: Pro hac vice certification for lawyers not in professional corporations must include required eligibility, fee, and compliance statements.

Machine summary. Not checked yet.CRITICAL?

Applies to

Third party funding disclosure ?

a. The identity, address, and, if a legal entity, place of formation of the Third-Party Funder(s); b. Whether any Third-Party Funder's approval is necessary for litigation or settlement decisions in the action, and if the answer is in the affirmative, the nature of the terms and conditions relating to that approval; and c. A brief description of the nature of the financial interest of the Third-Party Funder(s).

Summary: Statement must include funder identity/address/place of formation, whether funder approval is needed for litigation/settlement decisions, and a brief description of the funder's financial interest.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief ?

Must include

word count ?

A certification as to the total number of words must be included in any submission.

Summary: Each submission must include a certification of the total word count.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief ?

Each such filing must include a certification by counsel that the filing complies with the type, font, and word limitations set forth in this Order.

Summary: Each filing must include a certification that it complies with the type, font, and word limitations of this Order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

Must include

citations to intrinsic evidence

Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief.

Summary: Citations to intrinsic evidence must be in Joint Claim Construction Brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure

Must include

certificate of service ?

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.

Summary: Initial disclosures under Rule 26(a)(1) must be made within 5 days of the scheduling order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Briefing

Must include

pinpoint citations

Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

Summary: Pinpoint citations required in all briefing, letters, and concise statements of facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint appendix

Must include

appendix materials ?

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

Summary: Materials for appendix must be submitted in Joint Appendix.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery dispute letter ?

Must include

party position, issues in dispute ?

Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.

Summary: Letter (max 3 pages) required 72 hours before discovery dispute conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

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

Summary: Joint Claim Construction Chart must be emailed in Word format to cfc civil@ded.uscourts.gov upon filing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim construction brief ?

Must include

local rule certificate ?

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Summary: Each claim construction brief must include a certification of compliance with word limits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

No later than - - - - - - - [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief.

Summary: Joint Claim Construction Brief must be filed four weeks before the claim construction hearing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

The parties shall copy and paste their untitled 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 both parties' positions in sequential order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Declaration

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Summary: Declarations cannot contain legal argument or circumvent word limits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Meet and confer letter ?

Must include

duration, participant names, meet and confer method ?

The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

Summary: Meet and confer letter must identify participants, method, and duration.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Oral argument ?

Must include

time limit per side ?

Beginning at _ _ __ .m. on _ _ _ _ _ _ _ _ the Court will hear argument on claim construction. Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due), the parties shall be limited to thirty (30) minutes each for argument.

Summary: 30 minutes per side for claim construction argument, joint letter needed for more time.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Summary judgment motion

Must include

concise statement of facts

Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case).

Summary: Summary judgment motions must include a separate concise statement of material facts with no genuine issues.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Jury instructions

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 :00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.

Summary: Parties must file jury instructions and verdict forms 21 days before pretrial conference in Word format to specified email.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief ?

Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

Summary: Pinpoint citations are required in all briefing, letters, and concise statements of facts; unsupported assertions will be ignored.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim construction chart

A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.

Summary: Text-searchable PDF of each patent must accompany the Joint Claim Construction Chart.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim construction chart

Must include

proposed order ?

Each party shall file concurrently with the Joint Claim Construction Chart a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart.

Summary: Motion for Claim Construction must be filed concurrently with the Joint Claim Construction Chart.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief

Must include

word count ?

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Summary: Each claim construction brief must include a certification of compliance with word count limits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

(t) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case).

Summary: Summary judgment motions must include a separate concise statement of material facts with no genuine issues.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

local rule certificate ?

Any non-dispositive motion should contain the statement required by Local Rule 7 .1.1.

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Invalidity contentions

Must include

prior art identification ?

later than 30 days after the date of this Order, a party alleging that a claim of a patent is invalid or not enforceable shall serve on all parties its 'Invalidity Contentions,' which shall contain the following information:

Summary: Invalidity contentions must be served within 30 days of the scheduling order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Certification of diversity jurisdiction

that the party shall file within 14 days of initiating the case in this Court a Certification of Diversity Jurisdiction in which the party identifies the name and citizenship of every owner, member, and partner of every party to the case that is a joint venture, limited liability corporation, partnership, or limited liability partnership, proceeding up the chain of ownership until the name and citizenship of every individual and corporation with a direct or indirect interest in every party has been identified.

Summary: Parties in diversity cases must file a Certification of Diversity Jurisdiction within 14 days, identifying all owners, members, and partners up the chain of ownership.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion ?

Must include

caption, judge name, case number ?

each motion to make clear the order the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.

Summary: Parties must number summary judgment motions in the order they want the Court to consider them.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure

Must include

certificate of service ?

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.

Summary: Initial disclosures required within 5 days of order entry.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend ?

Must include

certificate of service ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Technology tutorial ?

Must include

joint submission ?

Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes.

Summary: Joint technology tutorial limited to 30 minutes, due with Joint Claim Construction Chart.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.

Summary: Joint Claim Construction Chart must identify disputed terms and cite only intrinsic evidence.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

patents in issue, intrinsic record portions ?

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

Summary: Patents and relied-upon intrinsic record portions must accompany Joint Claim Construction Chart.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

Must include

caption, judge name, case number ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

Must include

joint proposed final

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.

Summary: Joint proposed final pretrial order due 7 days before pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motions to amend must include proposed amended pleading and blackline comparison; opening brief not permitted.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Summary: Motions to strike must attach the document to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

the parties shall file a letter requesting a teleconference to address the motion to strike.

Summary: Parties must file a letter requesting a teleconference to address the motion to strike.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Summary: Parties must submit joint letter by answering brief due date requesting testimony leave and time allocation for claim construction hearing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Summary: The proposed final pretrial order must include a table of contents and numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

local rule certificate ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Protective order

Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Summary: Any proposed protective order must include a specific "Other Proceedings" paragraph regarding disclosure of confidential information in other cases.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order.

Summary: Initial disclosures under Rule 26(a)(1) must be made within 5 days of order entry.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Patent disclosure ?

(a) By , Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each asserted patent.

Summary: Plaintiff must identify accused products, damages model, asserted patents, and produce file histories by specified deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Technical disclosure ?

(b) By , Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).

Summary: Defendant must produce core technical documents and sales figures for accused products by specified deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim chart

(c) By , Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.

Summary: Plaintiff must produce an initial claim chart relating accused products to asserted claims by specified deadline.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend

Must include

blackline comparison, proposed amended pleading ?

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motion to amend requires 3-page letter instead of brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Must include

document to be stricken

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Summary: Motion to strike requires 3-page letter instead of brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Technology tutorial ?

the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue... an electronic tutorial of not more than thirty (30) minutes

Summary: Joint technology tutorial limited to 30 minutes.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim construction brief ?

Defendant shall serve, but not file, its answering 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 must be served but not filed with the court.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

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

Summary: Parties must file a Joint Claim Construction Brief combining their unfiled briefs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Case dispositive motion ?

Must include

local rule certificate ?

Briefing will be presented pursuant to the Court's Local Rules.

Summary: Case dispositive motions must follow local rules for briefing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Summary judgment motion

Must include

concise statement

Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried.

Summary: Summary judgment motions require 6-page concise statement of essential facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Summary judgment motion ?

Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages

Summary: Summary judgment motions must be accompanied by a concise statement of facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed pretrial order

All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Summary: All in limine requests and responses must be included in the proposed pretrial order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion in limine ?

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.

Summary: Each side is limited to 3 in limine requests.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery dispute letter ?

Must include

proposed order

On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party's position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute.

Summary: Moving party must file a letter (max 3 pages, 12-point font) at least 72 hours before the discovery conference, with exhibits including a proposed order and discovery requests/responses.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Any such motion shall attach the proposed amended pleading (as well as a 'redline' comparison to the prior pleading) or the document proposed to be stricken.

Summary: Motions to amend must attach the proposed amended pleading and a redline comparison; motions to strike must attach the document to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Summary judgment concise statement ?

Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Summary: Moving party's concise statement of material facts must use separate numbered paragraphs with specific record citations.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

local rule certificate ?

Except as otherwise specified herein, any application to the Court shall be by written motion. Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.

Summary: Applications must be by written motion; non-dispositive motions must include Local Rule 7.1.1 statement.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed pretrial order ?

The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.

Summary: Proposed final pretrial order must contain a table of contents and numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery dispute letter ?

Must include

proposed order

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Summary: Discovery dispute letters must include a proposed order and, if applicable, the disputed discovery requests and responses.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend

Any motion to amend shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.

Summary: Motions to amend must attach the proposed amended pleading and a blackline comparison to the prior pleading.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Any motion to strike shall attach the document sought to be stricken.

Summary: Motions to strike must attach the document sought to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. If a party proposes a construction of a term to be its “plain and ordinary” meaning, the party must explain what that meaning is and how it differs from the other party’s proposed construction.

Summary: Joint Claim Construction Chart must identify disputed terms and include each party's proposed construction with citations only to intrinsic evidence, with additional explanation for 'plain and ordinary' meaning proposals.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Claim construction brief ?

For each term in dispute, there should be a table setting forth the term in dispute and the parties' competing constructions. If a party proposes a construction of a term to be its "plain and ordinary" meaning, the party must explain what that meaning is and how it differs from the other party's proposed construction. The parties' briefing must also explain how resolution of the dispute is relevant to an issue in the case. The parties need not include any general summaries of the law relating to claim construction. The parties shall include a joint appendix that contains a copy of the patent(s) at issue, all relevant intrinsic evidence, and any other evidence cited in the parties' briefing.

Summary: Claim construction briefs must include a table of disputed terms, explain plain meaning if proposed, explain relevance, and include a joint appendix; general summaries of law are prohibited.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

The amended Joint Claim Construction Chart shall be filed with a letter identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred, and how long it lasted. If no additional agreements on constructions were reached or if no dispute was narrowed, the letter shall so state.

Summary: The amended Joint Claim Construction Chart must be accompanied by a letter detailing the meet and confer participants, timing, method, duration, and any agreements reached.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint letter

The parties shall notify the Court, by joint letter submission, no later than the date on which their Joint Claim Construction brief is filed (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Summary: The joint letter must state whether testimony is requested and the time allocation requested.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint letter

On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.

Summary: The joint letter must contain an interim report on the nature of issues and discovery progress.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend

Any motion to amend shall attach the proposed amended pleading as well as a 'blackline' comparison to the prior pleading.

Summary: Motions to amend must attach the proposed amended pleading and a blackline comparison.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Any motion to strike shall attach the document sought to be stricken.

Summary: Motions to strike must attach the document sought to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion for summary judgment

Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends...

Summary: Summary judgment motions must be accompanied by a concise statement of facts.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to

Suppression motion response ?

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 and include the reasons for that position of the United States, if appropriate.

Summary: A U.S. response to a suppression motion must state whether an evidentiary hearing is required and explain that position when appropriate.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to

Response

Must include

position on evidentiary hearing ?

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 and include the reasons for that position of the United States, if appropriate.

Summary: US response to suppression motions must state position on evidentiary hearing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

1. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing;

Summary: Intrinsic evidence must not be attached to the joint claim construction chart; instead, a joint appendix containing the patent and intrinsic evidence must be filed with the joint claim construction brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

2. All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart posted on Judge Noreika’s website, available at https://www.ded.uscourts.gov/sites/ded/files/chambers/Sample%20Joint%20Claim%20Chart.pdf.

Summary: All joint claim construction charts must follow the sample form posted on Judge Noreika's website.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

All Pretrial Orders must contain a table of contents and the paragraphs set forth in the body of the Pretrial Order must be numbered;

Summary: Pretrial Orders must include a table of contents and numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend or strike ?

Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken.

Summary: Motions to amend must attach proposed amended pleading and redline comparison; motions to strike must attach the document to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart

Summary: Joint Claim Construction Chart must identify disputed terms and proposed constructions with intrinsic evidence citations only; intrinsic evidence must not be attached.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

certificate of conference ?

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

Summary: Non-dispositive motions must include the certificate of conference required by Local Rule 7.1.1.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Submission

Must include

word count

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: Any submission using a word-count limit must include a certification of total word count.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

local rule certificate ?

In instances where a motion is filed seeking relief that is both dispositive and non-dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.

Summary: Mixed dispositive/non-dispositive motions must include a Local Rule 7.1.1 Statement for the non-dispositive portions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Local rule 7 1 1 statement ?

All Local Rule 7.1.1 Statements shall clearly state whether the opposing party consents to the motion or has indicated that it will be opposing the motion.

Summary: Each Local Rule 7.1.1 Statement must specify whether the opposing party consents or opposes the motion.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Amended pleading

A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion.

Summary: Any amended pleading must be accompanied by a redlined version regardless of how the amendment is made.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Stipulation or motion

Otherwise, the redlined version shall be attached to the stipulation or motion.

Summary: If not amended as a matter of course, the redlined version must be attached to the stipulation or motion.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Trial exhibit list ?

On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.

Summary: Each party must provide a completed AO Form 187 exhibit list to the Courtroom Deputy on the first day of trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Trial exhibit ?

All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.

Summary: Trial exhibits must be pre-marked with PTX/DTX/JTX prefix, numbered from 1, and include the civil action number.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition designations submission ?

Counsel shall confer prior to trial to determine what testimony will be offered by deposition. If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.

Summary: For unresolved deposition objections, the offering party must submit highlighted deposition excerpts and a cover letter at least two calendar days before the witness is called.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition designation transcript ?

shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played. An additional copy shall be provided to the court reporter.

Summary: Parties must provide two transcript copies to the Court and one additional copy to the court reporter for deposition designations/counter-designations.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial initial brief ?

Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.

Summary: Each party must file proposed findings of fact with the initial brief in numbered paragraphs with record citations.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial brief ?

Only admitted trial exhibits may be relied upon in post-trial briefing.

Summary: Post-trial briefing may rely only on admitted trial exhibits.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial brief

No appendices shall be submitted with post-trial briefs.

Summary: Appendices are prohibited in post-trial briefs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial submission ?

Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)

Summary: Post-trial submissions must refer to trial exhibits by exhibit number using PTX-, DTX-, or JTX- notation.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial submission

Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.

Summary: Admitted exhibits not specifically addressed in post-trial submissions are deemed stricken from the record.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Trial exhibits

In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:

Summary: If hyperlinked briefs are not submitted, trial exhibits must be submitted within one week after filing of the last post-trial brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial briefs

No appendices shall be submitted with post-trial briefs.

Summary: No appendices allowed with post-trial briefs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

local rule certificate ?

In instances where a motion is filed seeking relief that is both dispositive and non-dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.

Summary: LR 7.1.1 Statement required for non-dispositive portions of mixed dispositive/non-dispositive motions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Amended pleading

Must include

redlined version

A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion. If by matter of course, counsel shall email a PDF version of the amended pleading to the Court's judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov. Otherwise, the redlined version shall be attached to the stipulation or motion.

Summary: Redlined version of amended pleadings must be provided to Court.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Trial exhibit list ?

Must include

ao form 187

On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.

Summary: Completed AO Form 187 exhibit list required on first day of trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Witness notebooks ?

Must include

copies for judge, copies for witness, copies for law clerk +1 more ?

The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. Witness 2. Judge 3. Law Clerk 4. Court Reporter

Summary: No advance copies of exhibits accepted; 4 copies required for witness notebooks (witness, judge, law clerk, court reporter).

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Transcript of designations ?

Must include

two copies for court, one copy for court reporter ?

shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played. An additional copy shall be provided to the court reporter.

Summary: Two copies of transcript of designations/counter-designations for Court, plus one copy for court reporter.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Evidentiary disputes ?

Must include

raise disputes before exhibit offer, raise disputes before demonstrative use, raise disputes before witness testimony +1 more ?

Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing.

Summary: Evidentiary disputes must be raised before witness testimony, exhibit offer, or demonstrative use; failure may result in denial without hearing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

The pretrial order contains the maximum universe of deposition designations, counter-designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.

Summary: Pretrial order contains maximum deposition designations, counter-designations, and objections; no supplementation without approval or court leave.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition objections ?

Must include

copy of entire deposition testimony, offering partys response to objection, brief indication of basis for objection +3 more ?

If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.

Summary: Unresolved deposition objections must be submitted 2 calendar days before witness testimony with highlighted deposition and cover letter.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition procedures ?

Must include

compliance required, waiver of objection for non compliance, waiver of deposition testimony for non compliance ?

Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.

Summary: Non-compliance with deposition procedures results in waiver of deposition testimony or objection.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition testimony ?

All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.

Summary: Irrelevant and redundant material, including counsel colloquy and objections, must be eliminated when deposition is read/viewed at trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Witness examination ?

Examination of witnesses shall be limited to direct, cross and redirect.

Summary: Witness examination limited to direct, cross, and redirect examination only.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial briefing ?

Must include

conform to d del lr 7 1 3 ?

Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.

Summary: Post-trial briefing must conform to D. Del. LR 7.1.3 unless court orders otherwise.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed findings of fact

Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.

Summary: Proposed Findings of Fact required with initial brief, separately stated in numbered paragraphs with record citations.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

The parties shall propose page limits for the proposed Findings of Fact in the pretrial order.

Summary: Page limits for proposed Findings of Fact must be proposed in pretrial order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial briefing

Must include

only admitted trial exhibits

Only admitted trial exhibits may be relied upon in post-trial briefing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial briefing ?

Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)

Summary: Trial exhibits must be referred to by exhibit number with PTX-, DTX-, or JTX- prefix.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Post trial submissions

Must include

specifically address admitted trial exhibits ?

Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.

Summary: Unaddressed admitted trial exhibits in post-trial submissions are deemed stricken from record.

Machine summary. Not checked yet.CRITICAL?

Applies to

Brief ?

Must include

word count

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

caption, judge name, case number ?

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

caption, judge name, case number ?

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Jury instructions

Must include

proposed voir dire, special verdict forms, final jury instructions +1 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

certificate of conference ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order ?

Must include

proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Scheduling order ?

Must include

other litigation statement ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Scheduling order ?

Must include

expected ipr filings, future litigation disclosure ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Scheduling order

Must include

compliance representation, license settlement disclosure ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Scheduling order ?

Must include

preliminary damages views ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

10 days ?

Applies to

Protective order

Must include

confidentiality terms ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Protective order

Must include

other proceedings disclosure paragraph ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart ?

Must include

caption, judge name, case number +2 more ?

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

Summary: Joint Claim Construction Chart must not include argument.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

Must include

caption, judge name, case number +2 more ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

Must include

caption, judge name, case number +2 more ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

Must include

proposed order ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

local rule certificate ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint proposed final pretrial order

Must include

compliance with local rule

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Jury instructions

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Mediation joint statement ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Protective order

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Jury instructions

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter ?

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.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter ?

Must include

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

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to

Response

Must include

position on evidentiary hearing ?

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter brief

Must include

proposed order

The movant's opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Summary: Proposed order and discovery exhibits required with letter brief

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter brief

To the extent that factual issues are disputed or are otherwise central to the Court's analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.

Summary: Sworn declarations required for disputed factual issues

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend

Must include

blackline comparison, proposed amended pleading ?

Any motion to amend a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

Must include

filing required ?

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

Summary: Parties must file Joint Claim Construction Brief by specified date.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Must include

document to be stricken

Any motion to strike any pleading or other document or testimony shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Summary: Motions to strike must be accompanied by a 3-page single-spaced letter and the document to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to stay

Must include

letter

Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief.

Summary: Motions to stay must be accompanied by a letter (max 3 single-spaced pages) instead of an opening brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

word format, email submission ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

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

Summary: Joint Claim Construction Brief must combine unfiled briefs with positions on each claim term in sequential order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart

Must include

patent copies, intrinsic record portions ?

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

Summary: Joint Claim Construction Chart must include copies of patents and relied-upon intrinsic record portions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction chart ?

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

Summary: Joint Claim Construction Chart must not include argument.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion for claim construction

Must include

caption, judge name, case number +2 more ?

Each party shall file concurrently with the Joint Claim Construction Brief a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ]).”

Summary: Motion for Claim Construction must be filed with Joint Claim Construction Brief and contain no argument.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint letter submission

Must include

caption, judge name, case number +3 more ?

The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Summary: Parties must notify Court by joint letter of testimony request, time allocation, and presentation order for claim construction hearing.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

Must include

proposed order

The movant's opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. To the extent that factual issues are disputed or are otherwise central to the Court's analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.

Summary: Discovery dispute letter briefs must include proposed order, disputed discovery requests/responses, and sworn declarations for disputed facts.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

caption ?

Each party shall file concurrently with the Joint Claim Construction Brief a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ])."

Summary: Motion for Claim Construction must be filed concurrently with Joint Claim Construction Brief, contain no argument, and use specific mandated language.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

Must include

caption ?

The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Summary: Joint letter submission required by claim construction brief due date containing testimony request, time allocation request, and presentation order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

local rule certificate ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order ?

Must include

witness list ?

Any witness not listed will be precluded from testifying, absent good cause shown.

Summary: Witnesses not listed in pretrial order are precluded from testifying unless good cause shown.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order ?

Must include

expert witness subject matter ?

[For any expert witness, the Plaintiff shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Plaintiff should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]

Summary: Expert witness subject matter must be specified and cannot be deviated from without approval.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order ?

Must include

expert witness subject matter ?

[For any expert witness, the Defendant shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Defendant should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]

Summary: Defendant expert witness subject matter must be specified and cannot be deviated from without approval.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

Must include

deposition objections, deposition designations ?

[Counsel should confer prior to the pretrial conference to determine which testimony will be offered by deposition (including video tape depositions), to agree on the designation of those portions of the depositions to be offered into evidence, and to identify objections.] This pretrial order contains the maximum universe of deposition designations, counter-designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.

Summary: Counsel must confer on deposition designations and objections before pretrial conference; no supplementation without approval.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order ?

Must include

deposition objection submission ?

If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) a copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no

Summary: Party calling witness by deposition must submit highlighted deposition and cover letter identifying objections no later than 2 calendar days before trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition transcript ?

Must include

chambers copy ?

When the witness is called to testify by deposition at trial, the party calling the witness shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played.

Summary: Two copies of deposition transcript designations must be provided to Court when witness testifies.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Exhibit

A party will provide exhibits to be used in connection with direct examination by 6:00 p.m. the day before their intended use, and objections will be provided no later than 8:00 p.m. the night before their intended use.

Summary: Exhibits for direct examination must be provided by 6:00 p.m. day before; objections by 8:00 p.m. night before.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Deposition

Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.

Summary: Failure to comply with deposition procedures results in waiver of testimony or objections.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Demonstrative exhibit ?

Must include

exchange deadline ?

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements. The parties will provide any objections to such demonstratives by 12:00 p.m (noon) on the day before opening statements.

Summary: Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before, with objections due by noon the day before.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Demonstrative exhibit

Must include

exchange deadline ?

A party will provide demonstrative exhibits to be used in connection with direct examination by 6:00p.m. the night before their intended use, and objections will be provided no later than 8:00p.m. the night before their intended use.

Summary: Direct examination demonstratives must be provided by 6:00 p.m. the night before, with objections due by 8:00 p.m.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Demonstrative exhibit

Must include

objection procedure ?

If good faith efforts to resolve objections to demonstrative exhibits fail, the objecting party shall bring its objections to the Court's attention prior to the opening statements or prior to the applicable witness being called to the witness stand.

Summary: Unresolved objections to demonstratives must be brought to Court's attention before opening statements or witness testimony.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Demonstrative exhibit ?

Must include

waiver provision ?

Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of an exhibit or waiver of objection to the exhibit.

Summary: Failure to follow demonstrative procedures results in waiver of use or objection.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

Must include

motions in limine

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Summary: Motions in limine must be included in the proposed pretrial order, not filed separately.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

proposed order ?

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed findings conclusions ?

No separate Conclusions of Law shall be filed.

Summary: Separate Conclusions of Law are prohibited in non-jury trials.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order ?

[Provide a certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement, including a description of the overall extent of such efforts and identification of the date of the most recent substantive discussions regarding settlement.]

Summary: Final Pretrial Order must include a certification of good faith settlement efforts with description and date of recent discussions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Opening letter brief

Must include

proposed order

The movant’s opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. To the extent that factual issues are disputed or are otherwise central to the Court’s analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.

Summary: Movant's opening letter brief must include proposed order, discovery requests/responses, and sworn declarations if factual issues disputed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

The parties shall also file a "Joint Motion For Teleconference To Resolve Protective Order Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Joint Motion to Resolve Protective Order Dispute."

Summary: Parties must file a joint motion for teleconference to resolve protective order disputes, with suggested text available on the court's website.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend

Any motion to amend a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motions to amend must include a letter with proposed amended pleading and blackline, and must not include an opening brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Any motion to strike any pleading or other document or testimony shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Summary: Motion to strike must be accompanied by a letter instead of an opening brief and must attach the document to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to stay

Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief.

Summary: Motion to stay must be accompanied by a letter instead of an opening brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Leave motion ?

No reply briefs shall be filed.

Summary: Reply briefs are prohibited for leave motions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Summary judgment motion

Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends

Summary: Summary judgment motion must be accompanied by a separate concise statement.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

certificate of conference ?

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

Summary: Non-dispositive motions must include a certificate of conference as required by Local Rule 7.1.1.

Machine summary. Not checked yet.CRITICAL?

Applies to

All

Must include

certificate of service ?

All attorneys, including newer attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.

Summary: All attorneys must meet highest professional standards and be fully prepared.

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

Civil cases

Applies to

Initial disclosures ?

b. Non-custodial data sources. 2 A list of the non-custodial data sources that are most likely to contain non-duplicative discoverable information for preservation and production consideration , from the most likely to the least likely.

Summary: Each party’s initial disclosures must list the non-custodial data sources most likely to contain non-duplicative discoverable information, ranked by likelihood, for preservation and production consideration.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter brief

Must include

relief sought ?

The moving party should, in its letter brief, clearly state the relief it is seeking as to each dispute.

Summary: Moving party must clearly state relief sought in letter brief.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter brief

Must include

proposed order

The moving party should attach a proposed order to its letter brief as an exhibit. In that proposed order, the moving party should also clearly set out the nature of the requested relief as to each dispute.

Summary: Moving party must attach proposed order with relief details.

Machine summary. Not checked yet.CRITICAL?

Applies to

Exhibit

If a party is attaching an exhibit to its letter brief, and the exhibit is large (i.e., more than 20 pages), the party should simply include the cover page/first page of the exhibit and then only those other portions of the exhibit that are relevant to the discovery dispute.

Summary: Large exhibits (>20 pages) must be trimmed to relevant portions only.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter brief

Must include

discovery requests, relevant responses ?

If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.

Summary: Moving party must attach relevant discovery requests and responses.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter brief

The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit.

Summary: Responding party must attach additional relevant discovery materials.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter

Must include

proposed order

The moving party should attach a proposed order to its letter brief as an exhibit. In that proposed order, the moving party should also clearly set out the nature of the requested relief as to each dispute.

Summary: Moving party must attach a proposed order to its letter brief for discovery disputes.

Machine summary. Not checked yet.CRITICAL?

Applies to

Letter

If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.

Summary: Moving party must attach relevant discovery requests and responses as exhibits.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery plan ?

Must include

caption, judge name, case number ?

(a) Fact Discovery Cutoff. All fact discovery in this case shall be initiated so that it will be completed on or before [DATE].

Summary: All fact discovery must be completed by specified date.

Machine summary. Not checked yet.CRITICAL?

Applies to

Final contentions

Must include

caption, judge name, case number ?

(e) All final contentions (i.e., infringement, non-infringement, invalidity, validity) must include a party’s contentions under its proposed claim construction(s), as well as under the opposing claim construction(s) (if such an alternative contention exists).

Summary: All final contentions must include positions under both parties' proposed claim constructions.

Machine summary. Not checked yet.CRITICAL?

Applies to

Disclosure ?

Must include

caption, judge name, case number ?

Absent agreement among the parties and approval of the Court: (a) Identification of Accused Products and Asserted Patents. On or before [DATE], Plaintiff shall identify the accused product(s) [or method(s) or system(s)], the asserted patent(s) and Plaintiff’s damages theory. On the same date, Plaintiff shall also produce the prosecution history for each asserted patent.

Summary: Plaintiff must identify accused products, asserted patents, damages theory, and prosecution history by specified date.

Machine summary. Not checked yet.CRITICAL?

Applies to

Disclosure ?

Must include

caption, judge name, case number ?

(b) Core Technical Documents. On or before [DATE], Defendant shall produce core technical documents related to the accused product(s) sufficient to show the functionality of the accused product(s), including but not limited to non-publicly available operation manuals, product literature, schematics and specifications. Defendant shall also produce sales figures for the accused product(s).

Summary: Defendant must produce core technical documents and sales figures by specified date.

Machine summary. Not checked yet.CRITICAL?

Applies to

Infringement contentions

Must include

caption, judge name, case number ?

(c) Infringement Contentions. On or before [DATE], Plaintiff shall provide its initial infringement contentions for each asserted claim. On or before [DATE], Defendant shall provide its initial non-infringement contentions in response to Plaintiff’s initial contentions. On or before [DATE], Plaintiff shall provide its final infringement contentions. On or before [DATE],

Summary: Plaintiff must provide initial and final infringement contentions by specified dates; Defendant must provide initial non-infringement contentions by specified date.

Machine summary. Not checked yet.CRITICAL?

Applies to

Invalidity contentions

Must include

caption, judge name, case number ?

(d) Invalidity Contentions. On or before [DATE], Defendant shall provide its initial invalidity contentions for each asserted claim and the related invalidating references. On or before [DATE], Plaintiff shall provide its initial validity contentions in response to Defendant’s initial contentions. On or before [DATE], Defendant shall provide its final invalidity contentions. On or before [DATE], Plaintiff shall provide its final validity contentions in response to Defendant’s final contentions.

Summary: Defendant must provide initial and final invalidity contentions by specified dates; Plaintiff must provide initial and final validity contentions by specified dates.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery plan ?

Must include

caption, judge name, case number ?

(b) Document Production. Document production shall be substantially complete by [DATE].

Summary: Document production must be substantially complete by specified date.

Machine summary. Not checked yet.CRITICAL?

Applies to

Expert report

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. No other expert reports will be permitted without either the consent of all parties or leave of the Court.

Summary: Expert report deadlines: initial [DATE], supplemental [DATE], reply [DATE].

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

expert declarations prohibited ?

[will not] permit expert declarations to be filed in connection with motions briefing (including case dispositive motions).

Summary: Expert declarations not permitted with motions briefing.

Machine summary. Not checked yet.CRITICAL?

Applies to

Daubert motion ?

To the extent that any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Summary: Daubert objections must be made by dispositive motion deadline.

Machine summary. Not checked yet.CRITICAL?

Applies to

Expert discovery

All expert discovery in this case shall be initiated so that it will be completed on or before [DATE].

Summary: Expert discovery must be completed by [DATE].

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion

Must include

must follow procedures ?

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

Summary: Discovery motions must follow specific procedures or be denied.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion to amend ?

Must include

proposed order, redline comparison ?

Any such motion shall attach the proposed amended pleading (as well as a “redline” comparison to the prior pleading) or the document proposed to be stricken.

Summary: Motions to amend/strike must include proposed pleading and redline comparison.

Machine summary. Not checked yet.CRITICAL?

Applies to

Joint claim construction brief

Must include

joint appendix, patents included, intrinsic evidence included ?

the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence, as well as any additional evidence cited in the parties’ briefing.

Summary: Joint appendix must include patents and relevant intrinsic evidence.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment motion

Must include

concise statement of facts ?

Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact that the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and for which the moving party contends there is no genuine issue to be tried.

Summary: Summary judgment motions require a concise statement (max 6 pages) of essential undisputed facts.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment opposition ?

Must include

concise statement response ?

Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.

Summary: Opposition to summary judgment must include a 6-page response to the moving party's concise statement.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment opposition ?

The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.

Summary: Opposition may include a 4-page concise statement of disputed facts.

Machine summary. Not checked yet.CRITICAL?

Applies to

Summary judgment reply ?

Must include

concise statement response ?

The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis.

Summary: Reply to summary judgment must include a 4-page response to the opposition's concise statement.

Machine summary. Not checked yet.CRITICAL?

Applies to

Jury instructions

Must include

joint proposed versions

At least seven (7) days before the final pretrial conference, the parties shall file proposed voir dire, preliminary jury instructions, final jury instructions and special verdict forms pursuant to Local Rules 47.1(a)(2) and 51.1. The Court expects the parties to work together to submit joint proposed versions of the voir dire, preliminary jury instructions and final jury instructions, indicating within those joint submissions any differences between the parties’ proposals.

Summary: Joint proposed jury instructions and voir dire must be filed 7 days before final pretrial conference.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion to seal ?

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Summary: Post-proceeding sealing/redaction requests must promptly file a motion with highlighted complete transcript and proposed redacted version attached.

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

proposed order

include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute

Summary: Discovery dispute filings must include proposed order with issue-specific relief and related discovery materials.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Any such motion shall attach the proposed amended pleading (as well as a "redline" comparison to the prior pleading) or the document proposed to be stricken.

Summary: Motions to amend must attach proposed amended pleading with redline comparison; motions to strike must attach document proposed to be stricken.

Machine summary. Not checked yet.CRITICAL?

Applies to

Proposed order ?

Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence, as well as any additional evidence cited in the parties' briefing.

Summary: Intrinsic evidence shall not be attached to joint claim construction chart; must be included in separate joint appendix.

Machine summary. Not checked yet.CRITICAL?

Applies to

Pretrial order

The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.

Summary: Proposed final pretrial order must contain table of contents and numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Applies to

Case dispositive motion ?

Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and for which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Summary: Summary judgment motions must be accompanied by a separate concise statement of material facts in numbered paragraphs with record citations.

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Must include

local rule certificate ?

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

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

Machine summary. Not checked yet.CRITICAL?

Applies to

Motion

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Summary: Motions in limine must be included in proposed pretrial order, not filed separately.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure

Must include

certificate of service ?

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.

Summary: Initial disclosures under Rule 26(a)(1) must be made within 5 days of order entry.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to join party ?

Must include

proposed order, certificate of service ?

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion for sealing redaction

Must include

proposed order, certificate of service ?

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Summary: Motion for sealing/redaction must include highlighted transcript and proposed redacted version.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed protective order

Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Summary: Proposed protective orders must include a specific 'Other Proceedings' paragraph regarding disclosure in other cases.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter ?

Must include

proposed order

This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-

Summary: Discovery dispute letter submission must include a proposed order specifying the relief sought.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Any such motion shall attach the proposed amended pleading (as well as a "redline" comparison to the prior pleading) or the document proposed to be stricken.

Summary: Motions to amend or strike must attach proposed amended pleading with redline comparison or document proposed to be stricken.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief ?

All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.

Summary: Joint claim construction charts must follow the sample format on Judge Tennyson's website.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion

Must include

local rule certificate ?

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

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Summary: Motions in limine must be included in the proposed pretrial order, not filed separately.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.

Summary: Proposed final pretrial order must include table of contents and numbered paragraphs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter ?

Must include

proposed order

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Summary: Pre-motion letter must include a proposed order and exhibits containing disputed discovery requests and responses.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint letter

The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Summary: Parties must submit a joint letter by the claim construction brief due date, stating whether they request testimony, time allocation, and order of presenting terms.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

certificate of conference ?

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

Summary: Non-dispositive motions must contain the certificate of conference required by Local Rule 7.1.1.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Order

Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.

Summary: Parties must jointly file a form of order to enter judgment on the verdict within seven days.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Status report

At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Summary: Parties must file a joint status report indicating case progression and post-trial motions.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

certificate of conference ?

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

Summary: Non-dispositive motions must include the certificate of conference required by Local Rule 7.1.1.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Protective order

Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Summary: Any proposed protective order must include a paragraph regarding other proceedings.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter ?

Must include

proposed order

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Summary: Pre-motion letters must include a proposed order and copies of disputed discovery requests and responses.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to amend

Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.

Summary: Motions to amend must attach the proposed amended pleading and a redline comparison.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion to strike

Any motion to strike shall attach the document sought to be stricken.

Summary: Motions to strike must attach the document sought to be stricken.

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation statement

Must include

notice of electronic filing ?

No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall email to the court in a writing separate from the mediation statement for each attorney who will be participating in the mediation teleconference: (i) a

Summary: Counsel must email court with attorney email addresses by mediation statement deadline

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation statement

Must include

notice of electronic filing ?

No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.

Summary: Counsel must exchange participant lists with opposing parties by mediation statement deadline

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation statement

Must include

caption, judge name, case number ?

On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter. Mediation statements shall NOT be electronically filed since they are not part of the Court record.

Summary: Mediation statements must be delivered to Clerk's Office by 3:30 PM deadline, marked confidential, not filed electronically

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation order compliance ?

Must include

read comply order, report compliance problems ?

All counsel are reminded of their obligations to read and comply with this Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.

Summary: Counsel must comply with order and immediately report compliance problems to avoid sanctions

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation statement

Must include

caption ?

On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge.

Summary: Mediation statements require an original and one copy submitted to the Chief Magistrate Judge.

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation statement

The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked 'CONFIDENTIAL MEDIATION STATEMENT.'

Summary: Mediation statements must be delivered to the Clerk's Office in a marked envelope, not filed or emailed.

Machine summary. Not checked yet.CRITICAL?

Applies to

Mediation statement

Mediation statements shall NOT be electronically filed since they are not part of the Court record.

Summary: Mediation statements must not be electronically filed.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Non dispositive motion

Must include

local rule certificate ?

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

Summary: Non-dispositive motions must include the certificate of conference required by Local Rule 7.1.1.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion for discovery teleconference ?

Must include

certificate of conference ?

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute, the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The format of the meet-and-confer (e.g., in person or by telephone); • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference

Summary: Motion for Discovery teleconference must include list of up to 3 matters, meet-and-confer details, counsel identities, and joint available dates.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

Summary: Letter (max 4 pages, 12pt font, double-spaced) required 72 hours before discovery teleconference

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter

Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.

Summary: Opposition letter (max 4 pages, 12pt font, double-spaced) required 48 hours before discovery teleconference

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Court reporter arrangement ?

Must include

notice of electronic filing ?

Court Reporter. The parties shall arrange for a court reporter for all hearings and proceedings including, but not limited to, scheduling conferences, status conferences, discovery and protective order disputes, hearings, pretrial conference, and trial.

Summary: Court reporter required for all hearings and proceedings

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure ?

Must include

caption, judge name, case number ?

Disclosures. Absent agreement among the parties, and approval of the Court: (a) By ____________, 20__, Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted file history for each asserted patent.

Summary: Plaintiff must disclose accused products and damages model by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure ?

Must include

caption, judge name, case number ?

(b) By ____________, 20__, Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).

Summary: Defendant must produce technical documents and sales figures by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure ?

Must include

caption, judge name, case number ?

(c) By ____________, 20__, Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.

Summary: Plaintiff must produce initial claim chart by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Initial disclosure ?

Must include

caption, judge name, case number ?

(d) By ____________, 20__, Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references.

Summary: Defendant must produce initial invalidity contentions by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Final disclosure ?

Must include

caption, judge name, case number ?

(e) By ____________, 20__, Plaintiff shall provide final infringement contentions.

Summary: Plaintiff must provide final infringement contentions by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Final disclosure ?

Must include

caption, judge name, case number ?

(f) By ____________, 20__, Defendant shall provide final invalidity contentions.

Summary: Defendant must provide final invalidity contentions by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Interim status report

Must include

caption, judge name, case number ?

Interim Status Report. On ____________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.

Summary: Joint interim status report required by specific date

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief

Must include

detailed citations

Detailed Citation Required. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.

Summary: Exhibits must be cited with specific page and line numbers (depositions require both page and line).

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Brief

Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.

Summary: Briefs must cite specific pages of exhibits; deposition citations must include page and line numbers.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].

Summary: Joint proposed final pretrial order must include table of contents and matters described in Local Rule 16.3(c).

Machine summary. Not checked yet.CRITICAL?

Applies to

Discovery motion ?

Must include

caption, case number ?

The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference

Summary: Motion for Discovery must include list of up to 3 matters, meet-and-confer dates, participating counsel identities, and 3 available teleconference dates.

Machine summary. Not checked yet.CRITICAL?

Applies to

Protective order motion ?

Must include

proposed order ?

For disputes related to the protective order, the submissions shall include the party's proposal of the content for the disputed portion(s) only of the protective order.

Summary: Submissions in protective order disputes must include the party's proposed content for the disputed portions only.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Mediation statement

The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below: a) "The Parties": provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference. b) "Factual Background": provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute. c) "Summary of Applicable Law": provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7). d) "Honest Discussion of Strengths and Weaknesses": provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses. e) "Settlement Efforts": provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached. f) "Settlement Proposal": describe the party's proposed term(s) for a resolution. Identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described. g) "Fees and Costs": list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.

Summary: Mediation statements must include seven specific headings with required content: The Parties, Factual Background, Summary of Applicable Law, Honest Discussion of Strengths and Weaknesses, Settlement Efforts, Settlement Proposal, and Fees and Costs.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Expert disclosure ?

Must include

certificate of service ?

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__.

Summary: Initial expert disclosure due date for party with initial burden of proof

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Supplemental expert disclosure ?

Must include

certificate of service ?

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__.

Summary: Supplemental expert disclosure deadline for rebuttal

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Reply expert report

Must include

certificate of service ?

Reply expert reports from the party with the initial burden of proof are due on or before ________.

Summary: Reply expert report deadline for party with initial burden of proof

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Fact witness list ?

Must include

certificate of service ?

Within one (1) month following the close of expert discovery, each party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony), who has previously been disclosed during discovery and that it intends to call at trial.

Summary: Fact witness list due one month after expert discovery closes

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Rebuttal fact witness list ?

Must include

certificate of service ?

Within one (1) month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact witness that it intends to call at trial.

Summary: Rebuttal fact witness list due one month after receiving initial fact witness list

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Discovery dispute motion ?

Must include

certificate of service ?

Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph, 2 the moving party (i.e., the party seeking relief from the Court) shall file a '[Joint] Motion for Teleconference To Resolve [Protective Order or Discovery] Dispute.'

Summary: Discovery disputes must be filed as joint motion for teleconference

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief ?

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

Summary: Unfiled briefs must be combined into a single Joint Claim Construction Brief.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion for summary judgment

Must include

concise statement of facts ?

Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Summary: Summary judgment motions require a concise statement of facts (max 6 pages)

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Opposition to summary judgment ?

Must include

response to concise statement ?

Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.

Summary: Opposition to summary judgment requires response to concise statement (max 6 pages)

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Reply to summary judgment ?

Must include

response to opposing concise statement ?

The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.

Summary: Reply to summary judgment requires response to opposing concise statement (max 4 pages)

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Pretrial order

The proposed final pretrial order shall contain a Table of Contents.

Summary: Final pretrial order must include Table of Contents

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline

3 business days ?

Applies to

Jury documents ?

Must include

joint proposed voir dire, joint proposed special verdict forms, joint proposed final jury instructions +1 more ?

Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

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

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Letter ?

Must include

proposed order

This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.

Summary: Letter submission for discovery disputes must include a proposed order attached as an exhibit.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Proposed order ?

Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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 in other proceedings becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that party may have an opportunity to appear and be heard in the other proceeding.

Summary: Proposed protective orders must include a specific 'Other Proceedings' paragraph about disclosure in other cases.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Joint claim construction brief

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

Summary: Parties must combine their individual claim construction briefs into a single Joint Claim Construction Brief by copying and pasting them in sequential order.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Exhibit list

Must include

exhibit list

On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.

Summary: Counsel must deliver a completed AO Form 187 exhibit list to the Courtroom Deputy by the first day of trial.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to

Motion in limine

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.