Court Rules

District of Delaware Service and Proof of Service Rules

13 rules from official source documents

0 of 13 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to District of Delaware; use the court rules overview to switch categories without leaving this court.

Machine summary. Not checked yet.CRITICAL?

Deadline
24 hours
Service
Email to all parties ?

Counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

Summary: Exhibits intended for use at a hearing must be emailed in PDF format to all relevant parties and chambers no later than 24 hours before the hearing.

Bankruptcy Craig T. Goldblatt

Machine summary. Not checked yet.CRITICAL?

Deadline
24 hours
Applies to
Exhibit
Service
Email to all parties ?

If an exhibit is not on the docket, please supply such exhibit by email (in .pdf format) to all relevant parties and to the Court as soon as possible, but no later than 24 hours before the hearing.

Summary: Exhibits not on the docket must be emailed in PDF format to parties and the Court no later than 24 hours before the hearing.

Bankruptcy Thomas M. Horan

Machine summary. Not checked yet.CRITICAL?

Deadline
0 hours ?
Applies to
Notice of completion of briefing ?
Service
Email to court ?

After filing, please e-mail chambers a copy of the Notice.

Summary: After filing a Notice of Completion of Briefing, email a copy to chambers.

Bankruptcy Thomas M. Horan

Machine summary. Not checked yet.CRITICAL?

Proposed or draft document; may not be in force

Deadline
24 hours
Service
Email to all parties ?

If an exhibit is not on the docket, counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

Summary: Exhibits not on the docket must be emailed in PDF to parties and chambers by 24 hours before the hearing.

Bankruptcy Thomas M. Horan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
30 calendar days ?
Applies to
Noninfringement contentions
Service
Other to opposing party ?

Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Noninfringement Contentions”

Summary: Noninfringement Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.

Chief Judge Colm F. Connolly

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
30 calendar days ?
Applies to
Invalidity contentions
Service
Other to opposing party ?

Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Invalidity Contentions”

Summary: Invalidity Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.

Chief Judge Colm F. Connolly

Machine summary. Not checked yet.CRITICAL?

Deadline
28 calendar days ?
Applies to
Statement of facts ?
Service
Other to all parties ?

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

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

Visiting Joshua D. Wolson

Machine summary. Not checked yet.CRITICAL?

Deadline
14 calendar days ?
Applies to
Response to statement of facts ?
Service
Other to all parties ?

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

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

Visiting Joshua D. Wolson

Machine summary. Not checked yet.WARNING?

Civil cases

Service
Other ?

The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on . The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on .

Summary: Claim construction briefs are served on opposing counsel but not filed with the court individually.

Chief Judge Colm F. Connolly

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Mediation order ?
Service
Other to opposing party ?

Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order.

Summary: Delaware counsel must inform out-of-state counsel about this Order.

Magistrate Judge Christopher J. Burke

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Claim construction brief ?
Service
Other ?

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ,202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on 202_.

Summary: Claim construction briefs must be served but not filed individually; they are later combined into a joint brief.

Magistrate Judge Laura D. Hatcher

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Mediation participant list ?
Service
Other to opposing party ?

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 a list of all mediation participants with opposing parties by the mediation statement deadline.

Magistrate Judge Sherry R. Fallon

Machine summary. Not checked yet.WARNING?

Service
Email to all parties ?

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

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

Visiting Joshua D. Wolson
Common questions about District of Delaware service and proof of service rules

What rule applies to service for noninfringement contentions in District of Delaware?

Chief Judge Colm F. Connolly: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 30 calendar days after service. Noninfringement Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 3, section 6

What rule applies to service for invalidity contentions in District of Delaware?

Chief Judge Colm F. Connolly: The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party, timing: 30 calendar days after service. Invalidity Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 3, section 7

What rule applies to service for statement of facts in District of Delaware?

Visiting Joshua D. Wolson: The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 28 calendar days before deadline. The moving party must serve a numbered statement of undisputed material facts with citations on all other parties at least 28 days before the summary judgment motion deadline. Machine summary, not yet verified; check the linked order.

What rule applies to service for response to statement of facts in District of Delaware?

Visiting Joshua D. Wolson: The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties, timing: 14 calendar days before deadline. The responding party must serve its response to the statement of facts on all other parties at least 14 days before the summary judgment motion deadline. Machine summary, not yet verified; check the linked order.

What rule applies to service by email for all parties in District of Delaware?

Bankruptcy Craig T. Goldblatt: Proof of service is not required by this specific service rule. Details: method: service by email, recipient: all parties, timing: 24 hours before hearing. Exhibits intended for use at a hearing must be emailed in PDF format to all relevant parties and chambers no later than 24 hours before the hearing. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 4, section Witnesses and Exhibits

Visiting Joshua D. Wolson: The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. Parties may consent to email service of pleadings and discovery under FRCP 5(b)(2)(E); non-consenting parties must explain their reasons. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 8, section X. Consent to Service via Email

What rule applies to service for exhibit in District of Delaware?

Bankruptcy Thomas M. Horan: Proof of service is not required by this specific service rule. Details: method: service by email, recipient: all parties, timing: 24 hours before hearing. Exhibits not on the docket must be emailed in PDF format to parties and the Court no later than 24 hours before the hearing. Machine summary, not yet verified; check the linked order.

View ruleOfficial source Source: page 3, section Witnesses and Exhibits