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Court Rules
Judge

Judge Calvin L. Scott Jr.

Individual Rules, Standing Orders & Policies

Rules last changed:
Superior Court of Delaware, New Castle County

Limits & Logistics

Document Limits

Dispositive Motion and Response
4 pgs
Discovery MotionCourt-wide
10 pgs
Case Dispositive MotionCourt-wide
4 pgs
LetterCourt-wide
2,500 wds
DocumentCourt-wide
6 pgs

Courtesy Copies

Letter, Motion, Brief

Court-wide
  • 2 copies

Motion

Court-wide
  • 1 copy

Motion, Brief

Court-wide

Motion, Response

Court-wide

Adjournments

  • Amendments to the Trial Scheduling Order require an appropriate motion or joint stipulation and a court order; a request to extend discovery or expert deadlines without affecting other dates should say so.

Request must include

Affects Other Dates

Communication

Phone

Chambers

(302) 255-0677
Scheduling
Email
Court-wide
Emergencies
Filters:

Page & Word Limits1 rule

Page LimitsMandatoryCivil cases

The original motion and response should be e-filed not exceeding four (4) pages. A page limit extension must have an approval of the Court.

Motion
Up to 4 pages
Response
Up to 4 pages
New Castle De:3e4617ac516d4ed715484d4f · Sep 2026
|SectionMotions & Briefing — Dispositive Motions

Document Format Requirements2 rules

FormattingImportantCivil cases

Court submission that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Word.

File type
Word
Applies to
  • Proposed jury instructions
  • Voir dire questions
FormattingImportantCivil cases

Contrary to Superior Court Civil Rule 107(b) all briefs and motions should have one-inch margins and be written in 14 pt. Times New Roman font and double-spaced.

Font
Times New Roman
Font size
14 points
Line spacing
Double
Margins
1 inch
Applies to
  • Brief
  • Motion
New Castle De:3e4617ac516d4ed715484d4f · Sep 2026
|SectionMotions & Briefing — Formatting

Document Filing Requirements4 rules

Filing RequirementsMandatoryCivil cases

Any letter to the Court requesting Court action of some kind (in instances where a motion is otherwise not appropriate) must state the position of all parties or otherwise represent that opposing counsel or self-represented party could not be reached.

Filing RequirementsImportantCivil cases

Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations All legal or evidentiary issues worthy of pretrial identification and focus should be identified in the stipulation with brief citation(s) of legal authorities relied upon.

New Castle De:3e4617ac516d4ed715484d4f · Sep 2026
|SectionPretrial/Evidentiary Matters — Pretrial Stipulations
Filing RequirementsImportantCivil cases

Counsel should always identify any 'related' Superior Court cases on the Case Information Statement filed with the complaint or with the answer so that the new case is assigned to the same judge.

Document
Case information statement

Should include

  • Identify any related Superior Court cases
Filing RequirementsImportantCivil cases

Exhibits to briefs, there is no need to attach exhibits that have been electronically filed. Case citations shall use Westlaw format for unreported decisions where possible; Exhibits and unreported cases not cited in Westlaw should be physically attached to the briefs and motions unless impractical because of their volume, in which case a separate compendium will be appropriate.

New Castle De:3e4617ac516d4ed715484d4f · Sep 2026
|SectionMotions & Briefing — Formatting

Filing & Service rules

Filing Timing and Cure Windows

Routine motions must be filed at least ten business days before the notice date, excluding weekends and holidays, and responses are due the Wednesday before presentation.

Routine Motions must be filed ten (10) business days prior (excluding weekends and holidays) to the notice date. Responses are due the Wednesday prior to the presentation date.

Civil cases

Page 1 | Motions & Briefing — Routine Motions

Courtesy Copy Requirements

Courtesy copies sent to Chambers should not include exhibits.

The courtesy copies sent to Chambers should not include any exhibits.

Civil cases

Page 1 | Motions & Briefing — Dispositive Motions

Adjournment & Extension Requirements

Amendments to the Trial Scheduling Order require an appropriate motion or joint stipulation and a court order; a request to extend discovery or expert deadlines without affecting other dates should say so.

TSO amendments must be made by (1) appropriate motion or (2) joint stipulation, and ordered by the Court. If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state.

Civil cases

Page 1 | Initial Stages

Chambers Communication Rules

Substantive emails are docketed, must copy all parties, and must include the civil action number and case caption.

Substantive emails are docketed; all parties must be copied, and must always include the civil action number and case caption.

Civil cases

Page 1 | Communications

If a related pending case was omitted from the Case Information Statement and the later case was assigned to another judge, promptly notify that judge’s Judicial Case Manager.

If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending related case and that the subsequent civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the subsequently filed case.

Civil cases

Page 1 | Initial Stages

Only counsel may write directly to Judge Scott, and correspondence must be signed by an attorney in the attorney of record’s law firm.

Only Counsel, not legal staff, may write directly to Judge Scott. All correspondence must be signed by an attorney in the law firm of the attorney of record.

Civil cases

Page 1 | Communications

Notify the Administrative Specialist or Civil Case Manager by phone or email when a fax has been or is about to be sent to chambers or the Prothonotary.

* Please advise the Administrative Specialist or Civil Case Manager by phone or email that a FAX transmission has been or is about to be sent to chambers or the prothonotary.

Civil cases

Page 1 | Communications

Counsel who do not oppose a routine motion should notify the Court by letter.

If counsel does not oppose a routine motion, non-opposing counsel should notify the Court by letter.

Civil cases

Page 1 | Motions & Briefing — Routine Motions

Do not email Judge Scott unless the judge has approved email or exigent circumstances exist; administrative emails, particularly to court staff, are not precluded.

Email should not be used with Judge Scott except when (a) Judge Scott has approved the use of or (b) exigent circumstances exist. However, this does not preclude administrative-type emails, particularly to Court staff.

Civil cases

Page 1 | Communications

Counsel may request a court teleconference through the Administrative Specialist and ordinarily should arrange to initiate the call.

A teleconference with the Court my be requested by contacting Judge Scott's Administrative Specialist. Counsel requesting the teleconference ordinarily will arrange to initiate the call.

Civil cases

Page 1 | Communications

Comments or questions about Judge Scott’s preferences should be directed to Monique Burwell.

Comments or questions from lawyers, paralegals and other legal staff about Judge Scott's preferences are welcome, and should be directed to Monique Burwell.

Civil cases

Page 1 | Communications

Court-wide rules

Applies court-wide

These 167 rules apply across Superior Court of Delaware, New Castle County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 50
  • Applies to
    Pending appeals inventory

    The Prothonotary of each county must prepare a Pending Appeals Inventory at the end of each month.

  • Applies to
    Case information statement

    A party identifies a qualifying case by entering the CCLD civil case code and Complex Commercial Litigation civil case type on the Case Information Statement.

  • Applies to
    Pleadings and other filed papers

    All pleadings and other papers filed with the court must include CCLD.

Filing Timing

All 30
  • A motion opposing CCLD case identification must be filed before the Rule 16 scheduling conference unless the Panel Judge directs otherwise, and filing it does not extend deadlines for other pleadings, motions, or responses.

  • Applies to
    Objections

    Objections to be filed 15 days before the hearing date, and

  • Applies to
    Brief

    A brief in support of the settlement and any supporting documents to be filed 30 days before the hearing date;

Communication

All 23
  • A lawyer should give all affected parties reasonable notice, whenever possible, before communicating with a court concerning pending or prospective litigation.

  • Ex parte communications with the court on pending matters should be avoided unless permitted by law.

  • A lawyer receiving possible hearing dates must share them with all relevant counsel and must not imply a court preference unless one was expressly stated.

Formatting

All 11
  • Appendices and compendia should use tabs.

  • Parties should submit joint exhibits rather than separate plaintiff or defense exhibit sets.

  • Exhibits should be organized chronologically, or, when chronological ordering is not feasible in a highly expedited matter, parties should provide a chronological exhibit list as soon as practicable.

About Judge Calvin L. Scott Jr.

The Honorable Calvin L. Scott Jr. was appointed to the Superior Court of Delaware by Governor Ruth Ann Minner on February 19, 2003.

Administrative contact: Monique Burwell. Chambers phone: (302) 255-0677. Preference page updated September 8, 2026.

Common questions about Judge Calvin L. Scott Jr.'s rules

Are courtesy copies required for Judge Calvin L. Scott Jr.?

Courtesy copies sent to Chambers should not include exhibits.

View ruleSource: page 1, section Motions & Briefing — Dispositive Motions

What page or word limits apply to dispositive motion and response before Judge Calvin L. Scott Jr.?

Judge Calvin L. Scott Jr.'s rule states these limits: 4 pages; 4 pages. The original dispositive motion and response should each be no more than four pages; any page-limit extension requires court approval.

View ruleSource: page 1, section Motions & Briefing — Dispositive Motions

What formatting rules apply to filings before Judge Calvin L. Scott Jr.?

Judge Calvin L. Scott Jr.'s formatting rule includes times new roman font, 14 point type, double spacing and margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches. Briefs and motions should use one-inch margins, 14-point Times New Roman, and double spacing.

View ruleSource: page 1, section Motions & Briefing — Formatting

What must be included with letter filings before Judge Calvin L. Scott Jr.?

A letter requesting court action when a motion is not appropriate must state all parties’ positions or say opposing counsel or the self-represented party could not be reached.

View ruleSource: page 1, section Communications

What must be included with case information statement filings before Judge Calvin L. Scott Jr.?

Counsel should identify related Superior Court cases on the Case Information Statement filed with the complaint or answer to facilitate assignment to the same judge.

View ruleSource: page 1, section Initial Stages

How may parties contact Judge Calvin L. Scott Jr.'s chambers?

Substantive emails are docketed, must copy all parties, and must include the civil action number and case caption.

View ruleSource: page 1, section Communications

How do I request an adjournment or extension before Judge Calvin L. Scott Jr.?

The request must include affects other dates. Amendments to the Trial Scheduling Order require an appropriate motion or joint stipulation and a court order; a request to extend discovery or expert deadlines without affecting other dates should say so.

View ruleSource: page 1, section Initial Stages

What filing deadlines does Judge Calvin L. Scott Jr. set?

Routine motions must be filed at least ten business days before the notice date, excluding weekends and holidays, and responses are due the Wednesday before presentation.

View ruleSource: page 1, section Motions & Briefing — Routine Motions
Complete rules summary for Judge Calvin L. Scott Jr.

If a related pending case was omitted from the Case Information Statement and the later case was assigned to another judge, promptly notify that judge’s Judicial Case Manager.

A letter requesting court action when a motion is not appropriate must state all parties’ positions or say opposing counsel or the self-represented party could not be reached.

Do not email Judge Scott unless the judge has approved email or exigent circumstances exist; administrative emails, particularly to court staff, are not precluded.

Comments or questions about Judge Scott’s preferences should be directed to Monique Burwell.

Substantive emails are docketed, must copy all parties, and must include the civil action number and case caption.

Notify the Administrative Specialist or Civil Case Manager by phone or email when a fax has been or is about to be sent to chambers or the Prothonotary.

Counsel should identify related Superior Court cases on the Case Information Statement filed with the complaint or answer to facilitate assignment to the same judge.

Amendments to the Trial Scheduling Order require an appropriate motion or joint stipulation and a court order; a request to extend discovery or expert deadlines without affecting other dates should say so.

Briefs and motions should use one-inch margins, 14-point Times New Roman, and double spacing.

Do not attach exhibits already electronically filed; use Westlaw format for unreported decisions where possible, and physically attach exhibits and unreported cases not cited in Westlaw unless volume makes a separate compendium appropriate.

Routine motions must be filed at least ten business days before the notice date, excluding weekends and holidays, and responses are due the Wednesday before presentation.

The original dispositive motion and response should each be no more than four pages; any page-limit extension requires court approval.

Courtesy copies sent to Chambers should not include exhibits.

Counsel is expected to use Superior Court Civil Form 46 for pretrial stipulations and identify significant legal or evidentiary issues with brief citations to relied-upon authorities.

Court submissions likely to be revised by the Court, including proposed jury instructions and voir dire questions, should be submitted in Word.

Counsel may request a court teleconference through the Administrative Specialist and ordinarily should arrange to initiate the call.

Only counsel may write directly to Judge Scott, and correspondence must be signed by an attorney in the attorney of record’s law firm.

Counsel who do not oppose a routine motion should notify the Court by letter.

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