Judge Charles E. Butler
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion
- 2 copies
Case Dispositive Motion, Opposition
- 2 copies
Courtesy copies
Court-wide- 3 copies
Letter, Motion, Brief
Court-wide- 2 copies
Communication
Phone
Phone
Court-wideChambers
Chambers
Page & Word Limits1 rule
In filing a case dispositive motion, Judge Butler will routinely grant dispensation from the 6 page limit for briefs of Superior Court Civil Case Management Plan IV A.2.c.
- Brief
- Up to 6 pages
Document Format Requirements6 rules
No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips, or metal three-ring fasteners, but must be stapled or bound.
- Binding
- Securely bound
- Brief
- Exhibits
- Appendices
Exhibits to briefs, courtesy copies of motions, or letters must be individually tabbed.
- Exhibits
- Chambers copy
- Letter
Formatting
- •Individually tabbed
Case citations shall use Westlaw format for unreported decisions where possible;
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
- Brief
- Motion
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Word format and be written in 14 pt. Times New Roman font to Shelly Beane, Resident Judge Butler's administrative assistant.
- File type
- Word
- Font
- Times New Roman
- Font size
- 14 points
- Jury instructions
- Voir dire questions
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 is appropriate.
Document Filing Requirements13 rules
A nonmotion request for court action must state every party's position or explain that the opposing party could not be reached.
Court's wording
If you are requesting Court action of some kind (in instances where a motion is otherwise not appropriate) you must state the position of all parties or otherwise represent that opposing counsel or self-represented party could not be reached.
Trial Scheduling Orders, once entered, are Orders of the Court. Compliance is not optional with the parties. Deviation from a Scheduling Order should be undertaken only upon approval by the Court.
Routine motions must indicate whether they are opposed or unopposed.
All correspondence directed to Resident Judge Butler must be signed by an attorney in the law firm of the attorney of record.
Trial counsel, including pro hac vice counsel, must attend the Pretrial Conference.
The proposed order shall, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
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
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.
If you are requesting a Court Order, please attach a form of Order for the Court.
When a case dispositive motion is filed, it should be noticed to "the convenience of the Court."
A request to shorten the period before the pretrial conference should state whether either party intends to file a case-dispositive motion.
Court's wording
If the amended scheduling Order seeks to shrink the time between the deadline for filing case dispositive motions and the pretrial conference, the parties should indicate in the request for amendment whether either party intends to file a case dispositive motion as this may bear upon the Court's willingness to approve the requested amendment.
Unopposed motions need not be noticed for a routine motions calendar as they will be "so Ordered" by the Court from chambers.
Filing & Service rules
Electronic Filing Rules
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
Page 1 | Motions & Briefing
The parties should discuss and agree to at least one trial date, circle the date and e-file it with the Court.
The parties should discuss and agree to at least one trial date, circle the date and e-file it with the Court.
Page 1 | Initial Stages
The original case dispositive motion and response must be electronically filed, with two courtesy copies delivered to chambers.
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
Civil cases
Page 5 | Case Dispositive Motions.
Filing Timing and Cure Windows
An opposed routine motion must be filed ten days before the noticed hearing date, excluding weekends and holidays.
Motions that are opposed must be filed 10 days prior (excluding weekends and holidays) to the noticed date.
Page 1 | Motions & Briefing
A motion in limine is expected at least two weeks before the pretrial conference, leaving opposing counsel one week to respond.
If a party will be moving in limine, it is expected that the party will file its motion at least 2 weeks before the scheduled pretrial conference, leaving opposing counsel 1 week within which to respond.
Page 1 | Pretrial/Evidentiary Matters
Opposition papers are due on the Friday before routine-motion presentation.
Opposition papers responsive to the motion are due the Friday prior to presentation.
Page 1 | Motions & Briefing
The court will hold the pretrial conference approximately 30 days before trial.
The Court will hold a pretrial conference approximately 30 days before the scheduled trial date.
Page 1 | Pretrial/Evidentiary Matters
The answering brief is due 30 days after filing a case-dispositive motion.
An answering brief thereto is due 30 days after the motion is filed.
Page 1 | Motions & Briefing
4. Filing of Dispositive Motions .
4. Filing of Dispositive Motions .
Civil cases
Page 1 | Filing of Dispositive Motions
Motions in limine and responses to those motions must be filed by the deadlines stated in the scheduling order.
Motion(s) in Limine to be filed by Response(s) to Motions in Limine to be filed by .
Civil cases
Page 2 | Pretrial Conference
Special voir dire questions must be submitted to the Court by the scheduling order's stated deadline, which is blank in the provided text.
Special voir dire questions must be submitted to the Court on or before .
Civil cases
Page 3 | Special voir dire
An answering brief to a case dispositive motion is due 30 days after the motion is filed.
An answering brief thereto is due 30 days thereafter.
Civil cases
Page 5 | Case Dispositive Motions.
Responses to routine motions are due no later than 4 days before the presentation date.
Responses are due no later than four (4) days prior to the presentation date.
Civil cases
Page 5 | Routine Civil Motions.
Routine motions must be filed 10 days before the noticed presentation date.
Motions must be filed ten (10) days prior to the noticed date for presentation.
Civil cases
Page 5 | Routine Civil Motions.
The completed pretrial stipulation must be received by the Court by the deadline stated in the scheduling order, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before .
Civil cases
Page 2 | Pretrial Conference
Courtesy Copy Requirements
The original case-dispositive motion and response should be electronically filed with two courtesy copies delivered to chambers.
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
Page 1 | Motions & Briefing
Two courtesy copies of the original case dispositive motion and response must be delivered to chambers.
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
Civil cases
Page 5 | Case Dispositive Motions.
Pre-Motion Conference Requirements
Administrative-appeal oral argument occurs only if the court requests it.
Oral argument is held in administrative appeals only if requested by the Court.
Page 1 | Initial Stages
Adjournment & Extension Requirements
Failure to meet the scheduling order's deadlines without showing good cause will likely result in the Court refusing an extension.
Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.
Civil cases
Page 4 | Additional instructions
Chambers Communication Rules
Substantive emails are docketed, must copy all counsel, and must include the civil action number.
Substantive emails are docketed and must copy all counsel and include the civil action number.
Page 1 | Communications
For good cause, including distance or case circumstances, pro hac vice counsel may be permitted to participate by telephone.
For good cause, such as distance and/or the nature of the case, pro hac vice counsel may be permitted to participate by phone.
Page 1 | Pretrial/Evidentiary Matters
Counsel should promptly notify the appropriate Judicial Case Manager when a later-filed case was assigned to a different judge because a related case was omitted.
If counsel belatedly realizes that the Case Information Statement omitted reference to another pending 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.
Page 1 | Initial Stages
Administrative emails are not docketed; to create a record, their content should be docketed in a letter containing the civil action number.
Administrative emails are not docketed. If you wish to make a record of the content of your email, please docket its content in a letter including the civil action number.
Page 1 | Communications
If the parties cannot agree within the normal scheduling range, they should contact the civil case manager, who may direct them to a court conference call.
If the parties do not agree to dates within the normal range, they should contact the civil case manager, who may direct the parties to schedule a conference call with the Court.
Page 1 | Initial Stages
Email to the judge generally should not be sent without court approval, except in an exigent circumstance.
Email should not be directed to Resident Judge Butler without prior approval by the Court or in the event of an exigent circumstance.
Page 1 | Communications
Counsel needing courtroom technology should call the Bailiffs' Office at (302) 255-0888 several days before trial.
Counsel needing a courtroom with specific technology support should contact the Bailiffs' Office (302) 255-0888 several days before the trial.
Page 1 | Trials
An email sent to the judge should also copy the judge's Administrative Specialist.
If an email is directed to Resident Judge Butler, please copy Resident Judge Butler’s Administrative Specialist as well.
Page 1 | Communications
Email is not appropriate when a party is self-represented.
Email is not appropriate when a party is self-represented.
Page 1 | Communications
Questions and comments about the judge's preferences should be directed to the Administrative Specialist or Judicial Case Manager.
Comments or questions from lawyers, paralegals and other legal staff about Resident Judge Butler's preferences are welcome and should be directed to Resident Judge Butler’s Administrative Specialist or Judicial Case Manager (see contact information above).
Page 1 | Communications