Court Rules
Magistrate Judge

Judge Sherry R. Fallon

Individual Rules, Standing Orders & Policies

Rules last changed:
District of Delaware

Limits & Logistics

Document Limits

Mediation Statement
15 pgs
Claim Construction Brief
20 pgs
Case Dispositive Motion
40 pgs
Case Dispositive Motion
50 pgs
Document
3 pgs
Post Trial Motion
20 pgs

Courtesy Copies

All filings

  • 1 copy • Chambers Copy • Within 5 Days

Brief, Appendices, Exhibits, Chambers Copy

  • 2 copies • Upon Filing

Brief, Appendix, Exhibit, Declaration, Affidavit

  • 2 copies • Upon Filing

Brief, Appendix, Exhibits, Declaration, Affidavit

  • 2 copies • Upon Filing

Adjournments

  • Discovery-related extension requests for case dispositive motions must follow the discovery dispute letter procedure.

Request must include

Reason For RequestAffects Other Dates
14Calendar Daysnotice
  • Requests to modify mediation attendance requirements must be made in writing to the Magistrate Judge with copies to all parties at least 14 days before the conference.
  • Objections to magistrate judge decisions are due within 14 days of service of R&R or Order
Reason For RequestAdversary Position

Communication

Letter via ECF

Chambers

Scheduling
Verbal

Opposing Counsel

Discovery Issues
Filters:AllMandatoryImportantFormattingMemorandaLettersDiscoveryExhibitsTypographyConferencesSettlement

Page & Word Limits41 rules

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

double-spaced, in no less than a 12-point font, and be no longer than fifteen (15) pages.

Summary: Mediation statements must be double-spaced, in at least 12-point font, and no longer than 15 pages.

Mediation Statement

15 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions.

Summary: Daubert motions subject to dispositive motion page limits

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall have the right to depose any such fact witnesses who have not previously been deposed in this case. Such deposition shall be held within one (1) month after service of the list of rebuttal fact witnesses and shall be limited to twenty (20) hours per side in the aggregate unless extended by agreement of the parties or upon order of the court upon good cause shown.

Summary: Fact witness depositions limited to 20 hours per side, within one month of rebuttal witness list

Structured details unavailable. See the source text.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Party seeking relief must file a letter (max 4 pages, 12-point font) at least 72 hours before the discovery conference.

Letter

4 pages

SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party's reason for its opposition.

Summary: Opposing party may file a letter (max 4 pages, 12-point font) at least 48 hours before the discovery conference.

Letter

4 pages

SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ____________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 10 pages, on __________.

Summary: Claim construction briefing limits: Plaintiff opening 20 pages, Defendant answering 30 pages, Plaintiff reply 10 pages.

Structured details unavailable. See the source text.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Summary: Opposing parties must respond to concise statement of facts within 6 pages, addressing each paragraph and providing citations for disputed facts.

Opposition

6 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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 separate concise statement of facts not exceeding 6 pages, with numbered paragraphs and citation support.

Statement Of Facts

6 pages

SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 9
|SecCase Dispositive Motions - Concise Statement of Facts Requirement
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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: Moving party's reply must include response to opposing party's concise statement, limited to 4 pages.

Reply

4 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.

Summary: When Daubert motions accompany case dispositive motions, combined page limits increase to 50/50/25 per side.

Opening Brief

50 pages

Opposition

50 pages

Reply

25 pages

SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 10
|SecCase Dispositive Motions - Page limits combined with Daubert motion page limits
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party is permitted to file as many case dispositive motions as desired; provided, however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.

Summary: Combined page limits for case dispositive motions: 40 pages opening, 40 pages answering, 20 pages reply per side

Opening Brief

40 pages

Applies to: Attorney

Answering Brief

40 pages

Applies to: Attorney

Reply Brief

20 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.

Summary: Daubert motions increase combined page limits to 50 pages opening, 50 pages answering, 25 pages reply per side

Opening Brief

50 pages

Applies to: Attorney

Answering Brief

50 pages

Applies to: Attorney

Reply Brief

25 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each party is permitted to file as many case dispositive motions as desired; provided, however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.

Summary: Combined page limits per side for case dispositive motions: 40 pages opening, 40 pages answering, 20 pages reply.

Opening Brief

40 pages

Opposition

40 pages

Reply

20 pages

SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 10
|SecCase Dispositive Motions - Page limits combined with Daubert motion page limits
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

may be opposed by a maximum of three (3) pages of argument

Summary: Opposition to in limine requests is limited to 3 pages.

Opposition

3 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) additional page in reply in support of its request.

Summary: In limine requests limited to 3 pages, responses to 3 pages, replies to 1 page

In Limine Request

3 pages

Applies to: Attorney

In Limine Response

3 pages

Applies to: Attorney

In Limine Reply

1 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

each in limine request may be supported by a maximum of three (3) pages of argument

Summary: In limine request arguments are limited to 3 pages.

Motion

3 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

the party making the in limine request may add a maximum of one (1) additional page in reply in support of its request

Summary: Reply to in limine opposition is limited to 1 page.

Reply

1 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Each party limited to 3 in limine requests

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered by the Court, all sides are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed.

Summary: Post-trial briefs limited to 20 pages (opening/answering) and 10 pages (reply).

Opening Brief

20 pages

Applies to: Attorney

Answering Brief

20 pages

Applies to: Attorney

Reply Brief

10 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

[For non-ANDA cases] Unless otherwise ordered by the Court, all sides are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed.

Summary: Post-trial motion briefs limited to 20 pages for opening/answering and 10 pages for reply.

Brief

20 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The Plaintiff shall serve, but not file, its reply brief, not to exceed 10 pages, on __________.

Summary: Plaintiff's reply brief in claim construction is limited to 10 pages.

Reply

10 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ____________.

Summary: Defendant's answering brief in claim construction is limited to 30 pages.

30 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________.

Summary: Plaintiff's opening brief in claim construction is limited to 20 pages.

Opening Brief

20 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court.

Summary: In limine requests: support/opposition limited to 3 pages each, reply limited to 1 page; combined submissions required when multiple parties.

Support Or Opposition

3 pages

Applies to: Attorney

Reply

1 pages

Applies to: Attorney

Final-Pretrial-Order 10-13 · p. 5
|SecIX. Motions in Limine
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. ... any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Summary: Letters seeking or opposing relief are limited to 4 pages and must use at least 12-point font.

Letter

4 pages

Applies to: Attorney

SRF Rule 16 Sched Order - Asbestos - Revised 11-7-22 · Nov 2022 · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) pages, within seven (7) days from the date the requesting party filed its brief.

Summary: Responsive letter briefs to early filing requests are limited to 4 pages.

Response Letter Brief

4 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument.

Summary: In limine support and opposition each limited to 3 pages.

In Limine Support

3 pages

Applies to: Attorney

In Limine Opposition

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The mediation statements may be in memorandum or letter form. They must be double-spaced, in no less than a 12-point font, and be no longer than twenty (20) pages.

Summary: Mediation statements must be double-spaced, at least 12-point font, and no longer than 20 pages.

Mediation Statement

20 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Discovery dispute letter submissions shall not exceed four (4) pages, and all printed matter, including footnotes, must appear in at least 12-point font.

Summary: Discovery dispute letter submissions are limited to 4 pages.

Letter

4 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Exhibits to discovery dispute letter submissions are limited to a total of no more than 200 pages, absent leave of court.

Summary: Exhibits to discovery dispute letters are limited to 200 pages total, unless the court grants leave for more.

Exhibits

200 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each side is limited to a total of ___ hours of taking testimony by deposition upon oral examination.

Summary: Each side is limited to a specific number of hours for deposition discovery.

Deposition

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party's reason for its opposition.

Summary: Opposing party discovery dispute letters limited to 4 pages with minimum 12-point font.

Letter

4 pages

SRF Rule 16 sched order - non-patent Revised 2-15-2023 · Feb 2023 · p. 3
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Discovery dispute letters by moving party limited to 4 pages with minimum 12-point font.

Letter

4 pages

SRF Rule 16 sched order - non-patent Revised 2-15-2023 · Feb 2023 · p. 3
|SecDiscovery Matters and Disputes Relating to Protective Orders

Document Format Requirements4 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

AN ORIGINAL and ONE COPY of a confidential mediation statement ... shall be delivered to the Clerk's Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon and marked "CONFIDENTIAL MEDIATION STATEMENT."

Summary: Mediation statements must be delivered as an original and one copy to the Clerk's Office in an envelope addressed to the Magistrate Judge and marked 'CONFIDENTIAL MEDIATION STATEMENT'.

Required Format

Paper

FormattingCivil cases

Machine summary. Not checked yet.Important?

The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD. For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.

Summary: Demonstratives must be provided in PDF format; video/animations on DVD or CD; irregular physical exhibits as 8.5x11 PDF copies.

Required Format

PDF

FormattingCivil cases

Machine summary. Not checked yet.Important?

all printed matter, including footnotes, must appear in at least 12-point font.

Summary: Discovery dispute letter submissions must use at least 12-point font.

Typography
Size12 pt
FormattingCivil cases

Machine summary. Not checked yet.Important?

Each exhibit shall be filed as a separate, individual attachment within the docket entry for the associated letter submission.

Summary: Each exhibit must be filed as a separate attachment within the docket entry for the letter submission.

Document Filing Requirements60 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Document Type

Mediation Statement

Content & Formatting
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Reply Expert Report

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Supplemental Expert Disclosure

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Expert Disclosure

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Rebuttal Fact Witness List

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Discovery Dispute Motion

Content & Formatting
Certificate Of Service
SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 4
|Seck. Discovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Fact Witness List

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Document Type

Letter

Content & Formatting
Proposed Order
SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Document Type

Joint Claim Construction Brief

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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)

Document Type

Motion For Summary Judgment

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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)

Document Type

Opposition To Summary Judgment

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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)

Document Type

Reply To Summary Judgment

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Final pretrial order must include Table of Contents

Document Type

Pretrial Order

Content & Formatting
Table Of Contents
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Document Type

Jury Documents

Specific requirements detailed in rule text.
SRF Rule 16 Sched Order - Patent - Revised 2-15-2023 · Feb 2023 · p. 12
|Sec17. Jury Instructions, Voir Dire, and Special Verdict Forms
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No later than __________, the parties shall file a Joint Claim Construction Brief. The parties shall copy and 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.

Document Type

Joint Claim Construction Brief

Content & Formatting
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Document Type

Exhibit List

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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.

Document Type

Motion In Limine

Specific requirements detailed in rule text.
Final-Pretrial-Order 10-13 · p. 5
|SecIX. Motions in Limine
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: The letter must include a proposed order as an exhibit.

Document Type

Letter

Content & Formatting
Proposed Order
SRF Rule 16 Sched Order - Asbestos - Revised 11-7-22 · Nov 2022 · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

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

Document Type

Non Dispositive Motion

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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. Further, 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 contain 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.

Document Type

Mediation Statement

Content & Formatting
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The moving party should attach a proposed order to its letter brief as an exhibit.

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

Document Type

Letter

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__.

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

Document Type

Motion

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
SRF Rule 16 sched order - non-patent Revised 2-15-2023 · Feb 2023 · p. 1
|SecJoinder of Other Parties and Amendment of Pleadings
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 is due by a specific deadline for the party with initial burden of proof.

Document Type

Expert Report

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No other expert reports will be permitted without either the consent of all parties or leave of the Court.

Summary: Additional expert reports require consent of all parties or leave of court.

Document Type

Expert Report

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Objections to expert testimony must follow Daubert principles.

Document Type

Objection To Expert

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All discovery in this case shall be initiated so that it will be completed on or before _______________, 20__.

Summary: All discovery must be completed by a specific deadline.

Document Type

Discovery Plan

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Reply expert reports are due by a specific deadline for the party with initial burden of proof.

Document Type

Expert Report

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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 to rebut evidence is due by a specific deadline.

Document Type

Expert Report

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.

Summary: Parties must advise of expert availability for deposition with expert report submissions.

Document Type

Expert Report

Content & Formatting
Caption
Case Number
Judge Name
Statement Of Facts
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Discovery dispute letter (max 4 pages, 12pt font) due 72 hours before conference.

Document Type

Discovery Dispute Letter

Specific requirements detailed in rule text.
SRF Rule 16 sched order - non-patent Revised 2-15-2023 · Feb 2023 · p. 3
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Discovery dispute letters must include proposed order attached as exhibit.

Document Type

Letter

Content & Formatting
Proposed Order
SRF Rule 16 sched order - non-patent Revised 2-15-2023 · Feb 2023 · p. 3
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

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

Summary: Proposed order required as exhibit with discovery dispute letter.

Document Type

Discovery Dispute Letter

Content & Formatting
Proposed Order
SRF Rule 16 sched order - non-patent Revised 2-15-2023 · Feb 2023 · p. 3
|SecDiscovery Matters and Disputes Relating to Protective Orders

Filing & Service rules

Electronic Filing Rules

Mediation statements must not be electronically filed; they must be delivered to the Clerk's Office in a sealed envelope addressed to the Magistrate Judge.

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

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Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

Mediation statements must not be electronically filed.

Mediation statements shall NOT be electronically filed

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Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

Filing Timing and Cure Windows

Exhibits for direct examination must be provided by 3:00 p.m. the day before use; objections must be provided by 7:30 p.m. the night before use.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

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Page 4 | VI. Exhibits

Demonstrative exhibits for direct examination must be provided by 3:00 p.m. the day before use; objections due by 7:30 p.m. the night before use.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

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Page 4 | VI. Exhibits

Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before; objections due by 12:00 noon the day before opening statements.

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 noon on the day before opening statements.

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Page 4 | VI. Exhibits

Redacted version of sealed document must be filed within 7 days of the sealed filing.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 6 | Papers Filed Under Seal

Joint proposed voir dire, jury instructions, and verdict forms must be filed 3 full business days before final pretrial conference.

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.

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Page 9 | 15. Jury Instructions, Voir Dire, and Special Verdict Forms

Request to bring electronic equipment must be submitted by the mediation statement due date.

Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above).

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Page 5 | REQUEST TO BRING ELECTRONIC EQUIPMENT

Requests to bring electronic equipment to mediation must be submitted no later than the mediation statement due date.

Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above).

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Page 5 | REQUEST TO BRING ELECTRONIC EQUIPMENT

Service and Proof of Service Rules

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

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.

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Page 2 | EXCHANGE OF LIST OF PARTICIPANTS ATTENDING MEDIATION

Courtesy Copy Requirements

Two courtesy copies of letters must be hand delivered to Clerk's Office within one hour of e-filing, double-sided.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. All courtesy copies shall be double-sided.

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Page 5 | Discovery Matters and Disputes Relating to Protective Orders

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

The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

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Page 6 | Courtesy Copies

Parties must provide 2 double-sided courtesy copies of the joint proposed final pretrial order and attachments.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

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Page 11 | Pretrial Conference

Two double-sided courtesy copies of final pretrial order required

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

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Page 11 | 15. Pretrial Conference

Joint voir dire, jury instructions, and verdict forms must be filed 3 business days before the final pretrial conference with electronic courtesy copies in Microsoft Word format emailed to Rebecca_Polito@ded.uscourts.gov.

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. That submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which shall be submitted to Rebecca_Polito@ded.uscourts.gov.

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Page 12 | Jury Instructions, Voir Dire, and Special Verdict Forms

Electronic jury documents in Word format to specific email

That submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which shall be submitted to Rebecca_Polito@ded.uscourts.gov.

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Page 12 | 17. Jury Instructions, Voir Dire, and Special Verdict Forms

2 courtesy copies (double-sided) required within 1 hour of e-filing pre-motion letters.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. All courtesy copies shall be double-sided.

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2 courtesy copies of briefs, 1 copy of supporting documents required.

The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

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Two courtesy copies of the letters must be hand-delivered to the Clerk's Office within one hour of e-filing, and must be double-sided.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided.

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Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Two courtesy copies of all briefs and supporting documents must be provided to the Court.

The parties shall provide to the Court two (2) courtesy copies of all briefs and two (2) courtesy copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

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Page 6 | Courtesy Copies

Parties must provide 2 double-sided courtesy copies of the joint proposed final pretrial order.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

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Page 8 | 13

Courtesy copy with electronic files in Word format must be submitted by email for jury instructions submission.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

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Page 9 | 15. Jury Instructions, Voir Dire, and Special Verdict Forms

Objecting party must provide a courtesy copy of all related filings to the District Judge within 5 days after filing objections.

the objecting party must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

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Page 1 | STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

Courtesy copies of discovery dispute letters must be hand delivered to the Clerk's Office within one hour of e-filing.

Courtesy copies of discovery dispute letter submissions are to be hand delivered to the Clerk's Office within one hour of e-filing.

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Page 2 | GUIDELINES FOR DISCOVERY MATTERS

When a pro se party files FRCP 72 objections, the opposing counsel must provide the District Judge a courtesy copy of all related filings.

IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates.

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Page 1 | STANDING ORDER IN PRO SE MATTERS

Courtesy copies must be provided to District Judge within 5 days of filing objections

IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

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Page 1 | IT IS FURTHER ORDERED THAT clause

Counsel must provide courtesy copies of all filings to District Judge in pro se cases with objections

IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates.

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Page 1 | IT IS ORDERED THAT clause

Courtesy copies must be delivered to the District Judge within 5 days after objections are filed.

IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

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Page 1 | STANDING ORDER IN PRO SE MATTERS

Two double-sided courtesy copies to Clerk within 1 hour of e-filing.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided.

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Page 3 | Discovery Matters and Disputes Relating to Protective Orders

Courtesy copies of discovery dispute letters must be double-sided, hand-delivered to Clerk's Office within one hour of e-filing.

Two (2) courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. All courtesy copies shall be double-sided.

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Page 3 | Discovery Matters and Disputes Relating to Protective Orders

Two double-sided courtesy copies required for joint proposed final pretrial order and attachments.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.

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Page 7 | Pretrial Conference

Jury documents (voir dire, instructions, verdict forms) due 3 business days before final pretrial conference with Word format courtesy copies.

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. This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

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Page 8 | Jury Instructions and Voir Dire

Jury documents due 3 business days before final pretrial conference; courtesy copy in Word format emailed to chambers.

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. This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

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Page 8 | Jury Instructions, Voir Dire, and Special Verdict Forms

Two double-sided courtesy copies of joint proposed final pretrial order required, with Table of Contents.

The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a Table of Contents.

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Page 8 | Courtesy Copies of Pretrial Order

Parties must provide 2 courtesy copies of briefs and 1 courtesy copy of supporting documents to the Court.

The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

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

The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.

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Sealing & Redaction Procedures

Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.

The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions.

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Page 4 | CONFIDENTIALITY

Sealed papers require original plus one copy to Clerk; redacted version must be e-filed within 7 days.

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 6 | Papers Filed Under Seal

Sealed papers require original + 1 copy to Clerk; redacted version due within 7 days.

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Sealed filings must follow District Court policy and section G; a redacted version must be filed electronically within 7 days.

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 6 | Papers Filed Under Seal

Mediation statements are confidential: not filed with the Clerk's Office, not emailed to Chambers without permission, not exchanged among parties, not provided to the trial judge, and not part of the record.

The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission, but shall be delivered to the Clerk's Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon 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.

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Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

Mediation statements and conference discussions are confidential, cannot be used in litigation, and breach is subject to sanctions.

The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions.

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Page 4 | CONFIDENTIALITY

ADR communications are confidential and disclosure is prohibited except as authorized by the Court or agreed to by the parties.

The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.

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Page 1 | Confidentiality Order

Redacted version of sealed document due within 7 days.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 4 | Papers Filed Under Seal

To request sealing/redaction of a transcript, file a motion with highlighted complete transcript and proposed redacted version.

Should the 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.

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

When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 4 | Papers Filed Under Seal

Filing Bundling Requirements

Total briefing limit of 250 pages for all case dispositive and Daubert motions across related cases

The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 +50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.

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Page 10 | Case Dispositive Motions

Separate briefing on in limine requests is prohibited.

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

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Page 5 | IX. Motions in Limine

ADR/mediation communications must not be filed or docketed.

IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to bee-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to bee-filed or docketed.

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Page 1 | Filing Restrictions

Separate briefing on in limine requests is prohibited.

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

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Page 9 | In Limine Requests

Multiple parties supporting or opposing an in limine request must combine into a single 3-page submission.

If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission, unless otherwise ordered by the Court.

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Page 9 | In Limine Requests

Demonstratives created during testimony or used for cross examination are exempt from the exchange requirements.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross examination, neither of which need to be provided to the other side.

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Page 4 | VI. Exhibits

Pre-Motion Conference Requirements

Daubert objections must be filed by dispositive motion deadline

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

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Page 3 | i. Objections to Expert Testimony

Discovery disputes must be filed as a Joint Motion for Teleconference using specific titling and form; counsel expected to verbally discuss issues before seeking court intervention.

Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph, 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." The suggested text for this motion can be found in Magistrate Judge Fallon's section of the Court's website in the "Forms" tab, under the heading "Discovery Matters–Motion to Resolve Discovery Disputes." Counsel are expected to verbally discuss the issues/concerns before seeking the Court's intervention.

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Page 4 | Discovery Matters and Disputes Relating to Protective Orders

Opposition pre-motion letter (max 4 pages, 12pt font) due 48 hours before conference.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party's reason for its opposition.

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Pre-motion letter (max 4 pages, 12pt font) required 72 hours before conference with proposed order.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.

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Counsel must verbally discuss discovery or protective order disputes before filing a motion for court intervention.

Counsel shall verbally discuss the issues/concerns before seeking the Court’s intervention.

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Page 4 | Discovery Matters and Disputes Relating to Protective Orders

Party seeking leave to file early case-dispositive motion must file a 4-page letter brief; opposition must file a 4-page responsive brief within 7 days; no reply briefs permitted.

A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a letter brief with the Court of no more than four (4) pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

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Page 7 | 10

Parties must file a joint motion for conference to resolve discovery or protective order disputes, after first verbally discussing the issues.

Should counsel find they are unable to resolve a discovery matter or a matter regarding a protective order, the parties shall file a '[Joint] Motion for Conference To Resolve [Protective Order or Discovery] Dispute.' The suggested text for this motion can be found on the court's website in the 'Forms' tab, under the heading 'Discovery Matters–Motion to Resolve Discovery Dispute.' Counsel are expected to first verbally discuss the issues/concerns before seeking the court's intervention.

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Page 1 | GUIDELINES FOR DISCOVERY MATTERS

Sanctions motions under Rule 37 must follow the court's discovery dispute procedures, including the joint motion for conference.

Motions for sanctions under Fed. R. Civ. P. 37 pertaining to discovery shall be brought in accordance with the Court's discovery dispute procedures.

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Page 2 | GUIDELINES FOR DISCOVERY MATTERS

Adjournment & Extension Requirements

Objections to magistrate judge decisions are due within 14 days of service of R&R or Order

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

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Page 1 | WHEREAS clause

Discovery-related extension requests for case dispositive motions must follow the discovery dispute letter procedure.

Disputes or issues regarding protective orders, or motions for extension of time for briefing case dispositive motions which are related to discovery matters are to be addressed in accordance with this paragraph.

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Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Requests to modify mediation attendance requirements must be made in writing to the Magistrate Judge with copies to all parties at least 14 days before the conference.

Any request to modify this requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference.

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Page 1 | REQUIRED PARTICIPANTS

Chambers Communication Rules

Mediation statements must not be emailed to Chambers without prior permission.

The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission

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Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

Counsel must discuss discovery issues before seeking court intervention

Counsel are expected to verbally discuss the issues/concerns before seeking the Court's intervention.

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Page 4 | k. Discovery Matters and Disputes Relating to Protective Orders

Mediation statements must not be emailed to Chambers without prior permission.

nor emailed to Chambers without permission

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Page 2 | CONFIDENTIAL MEDIATION STATEMENTS

Attorneys may possess electronic devices in accordance with the Court's Standing Order.

Any possession by an attorney of an electronic device shall be permitted in accordance with this Court's Standing Order regarding possession by attorneys of cell phones, other

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Page 4 | REQUEST TO BRING ELECTRONIC EQUIPMENT

The Court may communicate ex parte with parties before, during, and after the mediation conference.

Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties.

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Page 4 | EX PARTE CONTACTS

The Court may communicate ex parte with parties before, during, and after the mediation conference.

Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties.

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Page 4 | EX PARTE CONTACTS

About United States Magistrate Judge Sherry R. Fallon

**Magistrate Judge Sherry R. Fallon** has served as a full-time Magistrate Judge in the District of Delaware since April 25, 2012. She is involved in the court's Alternative Dispute Resolution (ADR) program and mediation services. The court's website does not provide biographical information, educational background, or career history prior to Judge Fallon's appointment as Magistrate Judge.

**Courthouse:** J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 **Chambers:** Room 6100, Unit 14 **Courtroom:** 6C **Phone:** (302) 573-4551 **Conference Phone:** (302) 573-4557 (court-scheduled teleconferences only) **Chambers Staff** - Courtroom Deputy: Larisha Hicks - Permanent Law Clerk: Rebecca Polito **Note:** Delaware is a major patent and corporate litigation court. Judge Fallon oversees the court's ADR and mediation program.

Common questions about Judge Sherry R. Fallon's rules

Are courtesy copies required for Judge Sherry R. Fallon?

Courtesy-copy rule applies for letters. Details: 2 copies, delivery within 1 hour, by hand delivery. 2 courtesy copies (double-sided) required within 1 hour of e-filing pre-motion letters.

Does Judge Sherry R. Fallon require a pre-motion conference or letter before filing a motion?

Judge Sherry R. Fallon's rules set a pre-motion procedure for daubert. Daubert objections must be filed by dispositive motion deadline

View ruleSource: page 3, section i. Objections to Expert Testimony

What page or word limits apply to mediation statement before Judge Sherry R. Fallon?

Judge Sherry R. Fallon's rule states these limits: 15 pages. Mediation statements must be double-spaced, in at least 12-point font, and no longer than 15 pages.

View ruleSource: page 3, section MEDIATION CONFERENCE

What page or word limits apply to claim construction brief before Judge Sherry R. Fallon?

Judge Sherry R. Fallon's rule states these limits: plaintiff: 20 pages; defendant: 30 pages; plaintiff: 10 pages. Claim construction briefing limits: Plaintiff opening 20 pages, Defendant answering 30 pages, Plaintiff reply 10 pages.

View ruleSource: page 7, section Claim Construction Briefing

What formatting rules apply to filings before Judge Sherry R. Fallon?

Judge Sherry R. Fallon's formatting rule includes file format paper, deliver original and one copy, envelope addressed to u.s. magistrate judge sherry r. fallon, and envelope marked 'confidential mediation statement'. Mediation statements must be delivered as an original and one copy to the Clerk's Office in an envelope addressed to the Magistrate Judge and marked 'CONFIDENTIAL MEDIATION STATEMENT'.

View ruleSource: page 2, section CONFIDENTIAL MEDIATION STATEMENTS

What must be included with mediation statement filings before Judge Sherry R. Fallon?

The rule requires legal argument and statement of facts. 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.

View ruleSource: page 3, section MEDIATION CONFERENCE

What must be included with expert disclosure filings before Judge Sherry R. Fallon?

The rule requires certificate of service. Initial expert disclosure due date for party with initial burden of proof

View ruleSource: page 3, section h. Disclosure of Expert Testimony

How may parties contact Judge Sherry R. Fallon's chambers?

The rule addresses email communications with Judge Sherry R. Fallon's chambers. Mediation statements must not be emailed to Chambers without prior permission.

View ruleSource: page 2, section CONFIDENTIAL MEDIATION STATEMENTS

How does Judge Sherry R. Fallon handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.

View ruleSource: page 4, section CONFIDENTIALITY

How do I request an adjournment or extension before Judge Sherry R. Fallon?

Requests should be made at least 14 calendar days in advance when this rule applies before Judge Sherry R. Fallon. Objections to magistrate judge decisions are due within 14 days of service of R&R or Order

View ruleSource: page 1, section WHEREAS clause

Does Judge Sherry R. Fallon require motion papers to be bundled?

Yes. Judge Sherry R. Fallon requires bundling for covered papers. Total briefing limit of 250 pages for all case dispositive and Daubert motions across related cases

View ruleSource: page 10, section Case Dispositive Motions

Is electronic filing required before Judge Sherry R. Fallon?

No. Electronic filing is prohibited for the covered filings. Mediation statements must not be electronically filed; they must be delivered to the Clerk's Office in a sealed envelope addressed to the Magistrate Judge.

View ruleSource: page 2, section CONFIDENTIAL MEDIATION STATEMENTS

When is a filing treated as filed before Judge Sherry R. Fallon?

The rule states a 3:00 PM filing cutoff. Exhibits for direct examination must be provided by 3:00 p.m. the day before use; objections must be provided by 7:30 p.m. the night before use.

View ruleSource: page 4, section VI. Exhibits

What rule applies to service for mediation participant list before Judge Sherry R. Fallon?

Proof of service is not required by this specific service rule. Details: recipient: the opposing party. Counsel must exchange a list of all mediation participants with opposing parties by the mediation statement deadline.

View ruleSource: page 2, section EXCHANGE OF LIST OF PARTICIPANTS ATTENDING MEDIATION
Complete rules summary for Judge Sherry R. Fallon

Mediation statements must not be electronically filed; they must be delivered to the Clerk's Office in a sealed envelope addressed to the Magistrate Judge.

Mediation statements must not be emailed to Chambers without prior permission.

Mediation statements must be double-spaced, in at least 12-point font, and no longer than 15 pages.

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.

Mediation statements and conference discussions are confidential, cannot be used in any litigation, and breach is subject to sanctions.

The Court may communicate ex parte with parties before, during, and after the mediation conference.

Attorneys may possess electronic devices in accordance with the Court's Standing Order.

Requests to bring electronic equipment to mediation must be in a separate letter by the mediation statement due date and include names, equipment list, and a representation of assistance.

Request to bring electronic equipment must be submitted by the mediation statement due date.

Additional expert reports require consent or court leave

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

Supplemental expert disclosure deadline for rebuttal

Reply expert report deadline for party with initial burden of proof

Expert availability must be advised with expert report submissions

Daubert objections must be filed by dispositive motion deadline

Fact witness list due one month after expert discovery closes

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

Fact witness depositions limited to 20 hours per side, within one month of rebuttal witness list

Discovery disputes must be filed as joint motion for teleconference

Form for discovery dispute motion available on court website

Counsel must discuss discovery issues before seeking court intervention

Pre-motion letter (max 4 pages, 12pt font) required 72 hours before conference with proposed order.

2 courtesy copies (double-sided) required within 1 hour of e-filing pre-motion letters.

Sealed papers require original + 1 copy to Clerk; redacted version due within 7 days.

Claim construction briefing limits: Plaintiff opening 20 pages, Defendant answering 30 pages, Plaintiff reply 10 pages.

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

No general claim construction summaries required; materials for appendix go in Joint Appendix.

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

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

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

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