Superior Court of Delaware, New Castle County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies
Letter, Motion, Brief
- 2 copies
Motion
- 1 copy
Motion, Brief
Adjournments
- An extension of time to file the appellate record or any brief requires a court order supported by a showing of good cause, regardless of party consent.
- Firm pretrial and trial dates will not be continued merely because of scheduling conflicts with other civil cases.
- When counsel agree on additional hearing time, the request may be made to the judicial assistant during scheduling; if they disagree, a single joint letter must state each side’s position.
- +6 more
Request must include
Communication
Phone
Chambers
Chambers
Page & Word Limits7 rules
Discovery motions and responses may exceed the ordinary four-page limit but may not exceed ten pages, and no discovery reply may be filed without leave of court.
- Response
- Up to 10 pages
- Discovery motions
Exception
More pages with leave of court
Court's wording
Without leave of Court, parties may exceed the four (4) page limitation set forth in Section IV.A.2.b. of the Superior Court (New Castle County) Civil Case Management Plan by filing motions and responses that shall not exceed ten (10) pages. No reply shall be filed without leave of Court.
Shall not exceed 6 pages. The Prothonotary may reject a Motion or Response that exceeds the 6-page limit.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
Absent prior approval from the Assigned Judge, Motions and Responses shall not exceed 6 pages.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
Responses in opposition to any motion shall be filed no later than four days prior to the hearing on the motion and shall not exceed 6 pages in length on paper approximately 8 1/2 inches by 11 inches in size.
- Opposition
- Up to 6 pages
(b) Motions. Motions shall not exceed 6 pages in length on paper approximately 8 1/2 inches by 11 inches in size.
- Motion
- Up to 6 pages
the party against whom summary judgment would be sought may submit a letter response no longer than 2,500 words setting forth the factual disputes (including record citations) and legal bases for opposing such a motion.
- Letter
- Up to 2,500 words
Parties may exceed the four-page limit for case-dispositive or partial-dispositive motions without leave of court by complying with Del. Super. Ct. Civ. R. 107(h).
- Case dispositive motion
- Up to 4 pages
Exception
More pages with leave of court
Court's wording
Without leave of Court, parties may exceed the four (4) page limitation set forth in Section IV.A.2.b. of the Superior Court (New Castle County) Civil Case Management Plan for case dispositive or partial dispositive motions by filing briefs in accordance with Del Super. Ct. Civ. R. 107(h).
Document Format Requirements11 rules
Footnotes shall be single-spaced and typeset in Times New Roman 12-point type with two spaces between sentences.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Single
Formatting
- •Two spaces between sentences in footnotes
All motions and responses must be double spaced and typeset in Times New Roman 14-point type with two spaces between sentences.
- Font
- Times New Roman
- Font size
- 14 points
- Line spacing
- Double
- Motion
- Opposition
Formatting
- •Two spaces between sentences
All briefs must be double spaced and typeset in Times New Roman 14-point type with two spaces between sentences.
- Font
- Times New Roman
- Font size
- 14 points
- Line spacing
- Double
- Brief
Formatting
- •Two spaces between sentences
Motions and opposition responses must be prepared on approximately letter-size paper.
- Paper size
- Letter
- Motion
- Opposition
Court's wording
Motions shall not exceed 6 pages in length on paper approximately 8 1/2 inches by 11 inches in size. Responses in opposition to any motion shall be filed no later than four days prior to the hearing on the motion and shall not exceed 6 pages in length on paper approximately 8 1/2 inches by 11 inches in size.
a. Use tabs. An untabbed appendix or compendium is not useful.
- Appendix
- Compendium
Formatting
- •Use tabs
Not later than the day before trial begins, parties should deliver to the Register in Chancery a minimum of (i) one hard copy of tabbed exhibit binders and (ii) three flash drives containing searchable versions of the exhibits. Parties must submit electronic copies of exhibits as text-searchable pdfs.
- File type
Parties considering a paperless or nearly paperless trial should have a designated technology operator present each day, confer with opposing parties, and raise courtroom-technology arrangements at the pre-trial conference.
Court's wording
Parties should not attempt a nearly paperless trial if they do not have a designated person in trial each day who can operate the technology efficiently. Parties wishing to conduct a paperless or nearly paperless trial should confer with their opponents concerning the use of courtroom technology. They should also raise the issue with the Court during the pre-trial conference to make sure that the parties’ approach complies with the presiding judge’s preferences.
(B) All hard copy binders, including any trial exhibit or witness binders, should have rings that measure no more than 2” in circumference. A binder with 2” rings will measure 3” across the spine.
Formatting
- •A binder with 2-inch rings will measure 3 inches across the spine
Case names shall be italicized or underlined.
Parties should not submit separate Plaintiffs’ Exhibits or Defense Exhibits. They should submit joint exhibits.
Exhibits should be in chronological order. If the matter is highly expedited, such that chronological ordering is not feasible, parties should give the Court a chronological list of exhibits as soon as practicable.
Formatting
- •Exhibits should be in chronological order
Document Filing Requirements50 rules
A document-specific privilege log must describe each withheld document sufficiently for the opposing party and Court to assess the asserted privilege basis.
Court's wording
When logging documents on a document-by-document basis, parties should bear in mind that a privilege log must describe the document being withheld so that the opposing party and the Court can assess the propriety of the asserted basis for withholding the document.
If a change is material, the parties must advise the Court in a letter and explain why the change is being made.
If the parties depart from these forms, then they must submit a marked/redlined version to the Court reflecting the changes.
iii. If you are citing to Lexis versions of cases, you must provide all Lexis versions.
ii. Pincite to specific pages or sections of the exhibits. Do not cite to the entire exhibit, which may be lengthy.
(5) The party submitting a flash drive must contemporaneously file a certification indicating that the flash drive has been scanned by professionally and commercially appropriate methods and is free of malicious software.
All future filings MUST include the civil action number with the Assigned Judge’s initials appearing at the end.
Shall include a Notice page indicating the date and time of hearing;
Each electronically filed motion or response must include a notice page stating that it will be heard at the court's convenience.
Court's wording
2. Notice pages shall be eFiled each time a Motion and/or Response is eFiled and shall indicate that the Motion and/or Response will be heard at the convenience of the Court.
NOTE: Any stipulation eFiled by the parties must be signed by all parties.
Notice pages shall be eFiled each time a Motion and/or Response is eFiled and shall indicate: (i) the date and time of hearing; OR (ii) that the Motion will be heard at the convenience of the Court.
In order for the Court to close its file, a “Stipulation of Dismissal” must be filed.
In order for the Court to close its file, a Stipulation of Dismissal must be filed by the parties.
(11) Certification of Good Faith Settlement Negotiations.
Include
- •Certification of Good Faith Settlement Negotiations
(5) Exhibits Admitted Without Objection/Objected to, and Grounds for Objection(s).
(1) Statement of the Nature of the Action.
Include
- •Statement of the Nature of the Action
(13) Special Verdict and/or Interrogatories and Form Proposed.
(17) Trial Time Estimate.
Include
- •Trial Time Estimate
(10) Amendments to Pleadings - Unopposed/Opposed and Grounds for Objections.
(12) Other Matters.
Include
- •Other Matters
(7) Brief Statement of What Plaintiff Expects to Prove in Support of Claim.
(16) Copies of Proposed Charge with Notations as to Specific Objections and Counterproposals Therefor.
(15) Life or Work Expectancy of a Person Seeking Future Damages.
(8) Brief Statement of Defense.
Include
- •Brief Statement of Defense
(6) Names and Addresses of all Witnesses and Specialties of Experts to be Called as Witnesses.
(14) Special Voir Dire Questions: Unopposed/Opposed and Reason.
(4) Issues of Law Any Party Contends Remain to Be Litigated.
(2) Facts Admitted Without Formal Proof.
Include
- •Facts Admitted Without Formal Proof
(3) Issues of Fact Any Party Contends Remain to Be Litigated.
(9) Brief Statement of Counterclaimant(s)/Crossclaimant(s).
Include
- •Brief Statement of Counterclaimant(s)/Crossclaimant(s)
Administrative Order 2021-1 Requiring the Filing of an Affidavit Regarding Mortgage Foreclosures and Related Possessory Pleadings (19 January 2021)
The CIS must be filed before the Prothonotary will process the complaint, answer, or first responsive pleading for service, and failure to do so may result in dismissal or striking the pleading.
Court's wording
THE PROTHONOTARY WILL NOT PROCESS THE COMPLAINT, ANSWER, OR FIRST RESPONSIVE PLEADING IN THIS MATTER FOR SERVICE UNTIL THE CASE INFORMATION STATEMENT (CIS) IS FILED. THE FAILURE TO FILE THE CIS AND HAVE THE PLEADING PROCESSED FOR SERVICE MAY RESULT IN THE DISMISSAL OF THE COMPLAINT OR MAY RESULT IN THE ANSWER OR FIRST RESPONSIVE PLEADING BEING STRICKEN.
Each defendant/counsel shall complete the attached Civil Case Information Statement (CIS) and file it with the answer and/or first responsive pleading.
Each plaintiff/counsel shall complete the attached Civil Case Information Statement (CIS) and file it with the complaint.
The Prothonotary of each County shall prepare at the end of each month a Pending Appeals Inventory.
Identification of a qualifying case will be made by any party by stating the letters CCLD for the Civil Case Code and Complex Commercial Litigation for the Civil Case Type on the Case Information Statement (CIS).
CCLD Standing Order No. 3 - Adding CCLD to All Pleadings & Other Papers Filed With the Court (January 14)
Courtesy copies of motions and briefs should be accompanied by an argument-free transmittal letter identifying the materials and stating the agreed or unresolved briefing schedule and hearing or argument-date status.
Court's wording
Courtesy copies of motions and briefs should be submitted with a transmittal letter devoid of argument. In addition to listing what is being transmitted, the transmittal letter should (i) recite the briefing schedule if the parties have agreed on one, or otherwise state that no agreement on scheduling has been reached, and (ii) note the date and time at which a hearing has been scheduled, or otherwise that no argument date has yet been set.
If the privilege in question is the attorney-client privilege, the log should explain the basis for the assertion of privilege and provide a brief identification of the issue involved.
Privilege-log descriptions should be document-specific and contextual rather than repetitive.
Court's wording
The Court discourages using a short list of repetitive descriptions. Descriptions should ===== PAGE 32 ===== be document-specific and provide context so that the reader can understand the basis for the claim of privilege.
The parties should provide information about the individuals identified on the log, including whether they are attorneys, their titles, and their affiliations.
In many situations where lawyers have mixed roles, counsel will have to segregate the privileged portions of communications from those that are non-privileged.
If non- parties are recipients or authors of a document, the privilege assertion should address how their relationship with the client or counsel justifies maintaining the privilege
Pre-trial briefing generally should consist of one brief from plaintiffs and one from defendants, each summarizing the evidence and arguments intended for trial without post-trial-brief detail.
Court's wording
i. Pre-trial briefing generally should consist of a total of two pretrial briefs, one from the plaintiffs and one from the defendants. The pre-trial briefs should summarize the evidence and arguments that each side intends to present at trial. They should not go into the same level of detail as post-trial briefs.
Parties should use best efforts to prepare stipulated facts focusing on specified factual information, avoid quotations and argumentative characterizations, and consider submitting the pre-trial order after pre-trial briefing closes.
Court's wording
b. Pre-trial orders i. Parties should use their best efforts to prepare stipulated facts, with a particular focus on the parties’ identities, the relevant entities (including capital structure, as appropriate), a general timeline of critical events or other key dates, and the nature and dates of key documents and/or agreements. The Court is not looking for quotations from documents or argumentative characterizations of events. Parties should consider submitting the pre-trial order after the close of pre-trial briefing so that the parties can take into account the other side’s briefs when negotiating stipulated issues of fact and drafting proposed issues of fact.
ii. The pre-trial order should identify all witnesses, including potential rebuttal witnesses.
- Document
- Pretrial order
Should include
- •Identify all witnesses, including potential rebuttal witnesses
If a settlement has been reached in representative litigation challenging a pending transaction, the parties should advise the Court promptly and submit the memorandum of understanding.
i. If parties are truly unable to agree, then the prevailing party should submit a form of order and short motion that sets forth why the proposed form of order should be entered.
Once that information has been provided in a letter, subsequent transmittal letters need not recite the information unless it has changed.
Senior lawyers familiar with the applicable privilege standards and the client representatives' roles should participate in preparing and reviewing the privilege log.
Court's wording
Preparing a privilege log with integrity requires the involvement of senior lawyers who know the applicable standards, understand the precise roles played by the client representatives, and have the relationship and stature with the client to discuss documents frankly and make principled assertions of privilege.
Filing & Service rules
Electronic Filing Rules
Parties must use the Superior Court of Delaware's electronic filing system unless otherwise authorized.
Unless otherwise authorized, a party must utilize the electronic filing system of the Superior Court.
Page 3 | I. GENERAL FILING INFORMATION
Every response to a routine motion must be electronically filed no later than four days before the noticed hearing date.
Every Response to a Routine Motion shall be eFiled no later than 4 days prior to the noticed hearing date.
Page 12 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES
Every motion must be electronically filed with the assigned judge no later than 10 business days before the noticed hearing date.
Every Motion shall be eFiled no later than 10 business days prior to the noticed hearing date with the Assigned Judge.
Page 12 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES
Consolidation motions must be electronically filed in every case requesting consolidation, and presentation to the court must occur in the oldest case.
Motions to Consolidate shall be eFiled in ALL cases requesting consolidation and presentation to the Court shall be in the oldest case.
Page 13 | Motion for Consolidate
Motions must be electronically filed in the assigned case, with one courtesy copy provided to the assigned judge.
1. Motions shall be eFiled in the assigned case and a courtesy copy shall be provided to the Assigned Judge.
Page 14 | Motion Procedures
Dispositive motions and responses must be electronically filed in the assigned case, with courtesy copies provided to the assigned judge.
Motions and Responses shall be eFiled in the assigned case and courtesy copies provided to the Assigned Judge.
Page 15 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
A notice page must be electronically filed each time a dispositive motion or response is electronically filed.
Notice pages shall be eFiled each time a Motion and/or Response is eFiled and shall indicate: (i) the date and time of hearing; OR (ii) that the Motion will be heard at the convenience of the Court.
Page 15 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
Parties may electronically file a stipulation instead of a motion, but the stipulation must be signed by all parties.
4. The parties may eFile a stipulation instead of a Motion. NOTE: Any stipulation eFiled by the parties must be signed by all parties.
Page 14 | Motion Procedures
A motion filed by an incarcerated litigant may be submitted to the Prothonotary's Office without specifying a hearing date or time.
A Motion filed by an incarcerated litigant may be filed with the Prothonotary’s Office, without reference to a date and time.
Page 16 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – C. Incarcerated Litigant Motions
The case codes marked with an asterisk are not eligible for electronic filing.
* Not e-Filed
Civil cases
Page 1 | MISCELLANEOUS
Filing Timing and Cure Windows
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.
A party opposing identification of a case as a qualifying case will do so by motion filed before the Rule 16 scheduling conference, or at such other time as the assigned Panel Judge may direct. The filing of such a motion shall not affect the time for filing any pleading, motion, or required response under the Court's rules.
Civil cases
Page 1 | Complex Commercial Litigation Division-Description
Unless otherwise ordered, a party must file testifying expert reports and demonstrative exhibits within 10 days after the trial or hearing at which the expert testifies or the report is used.
Rule 5(c)(4)(B) requires that unless otherwise ordered, a party must file its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used.
Civil cases
Page 22 | 7. Discovery
A motion must be filed no later than 10 business days before its noticed hearing date.
Every Motion shall be eFiled no later than 10 business days prior to the noticed hearing date with the Assigned Judge.
Page 12 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES
A response to a routine motion must be filed no later than four days before the noticed hearing date.
Every Response to a Routine Motion shall be eFiled no later than 4 days prior to the noticed hearing date.
Page 12 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES
When applicable, a response must be filed within four business days after the motion is filed.
3. Responses, when applicable, must be filed within 4 business days of the filing of the Motion.
Page 14 | Motion Procedures
The Prothonotary may reject an untimely dispositive motion or one not electronically filed in compliance with the Superior Court Rules of Civil Procedure.
The Prothonotary may reject a Motion that has been untimely eFiled or has not been eFiled pursuant to the Superior Court Rules of Civil Procedure.
Page 15 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
The parties must obtain an available hearing date from the assigned judge's judicial assistant and electronically file the motion within three days of obtaining that date or risk loss of the time slot.
The parties must obtain an available hearing date from the Assigned Judge’s Judicial Assistant. The Motion must be eFiled within 3 days from the date obtained from the Court or the time slot may be vacated.
Page 15 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
A dispositive-motion response is ordinarily due no later than four business days before the hearing, unless the assigned judge, court rule, or scheduling order provides otherwise.
Unless otherwise directed by the Assigned Judge, or unless a different date for Responses is set by Court Rule or an applicable Scheduling Order, Responses are due no later than 4 business days prior to the hearing date.
Page 15 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
If a Response has not been filed by its deadline, the Motion may be deemed unopposed.
If a Response has not been filed by its deadline, the Motion may be deemed unopposed.
Page 16 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
An incarcerated litigant's motion may be deemed unopposed if the response is not filed by the deadline set by the Prothonotary.
The Response must be filed by the deadline date or the motion may be deemed unopposed.
Page 16 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – C. Incarcerated Litigant Motions
If no proof of service or written good-cause explanation is received by the 120th day after filing, the court will dismiss the action.
If no proof of service or written explanation regarding service is received by the 120th day after filing, in accordance with Superior Court Civil Rule 4(j), this action will be dismissed by the Court.
Page 19 | EXHIBIT A
Service must be accomplished by the 120th day after filing, unless the attorney provides the court with a written good-cause explanation.
You have until the 120th day after filing to accomplish service upon the defendant(s) or provide the Court with a written explanation of good cause why service has not been made within 120 days after the filing of the complaint.
Page 19 | EXHIBIT A
The action will be dismissed for want of prosecution if no proceedings are taken within 30 days after the notice.
If no proceedings are taken within the next thirty (30) days, this action will be dismissed by the Court for want of prosecution.
Page 20 | EXHIBIT B
For a civil action reported as settled, a stipulation of dismissal or a letter stating the matter's status must be filed within 30 days of the dismissal letter or the action will be dismissed with prejudice.
If a stipulation of dismissal, or a letter stating the status of this matter, is not filed with the Court within thirty (30) days of the date of this letter, the Court will dismiss this action with prejudice.
Page 21 | Exhibit C — Dismissal Letter
For an action submitted to binding arbitration, a stipulation of dismissal or, alternatively, a status letter must be filed within 60 days of the arbitration letter or the action will be dismissed with prejudice.
If a Stipulation of Dismissal, or, in the alternative, a letter stating the status of this matter is not filed with the Court within sixty (60) days of the date of this letter, the Court will dismiss this action with prejudice.
Page 22 | Exhibit D — Binding Arbitration Letter
When service is by mail, three days are added to a party's prescribed deadline, but not to deadlines for actions taken by the Court.
(e) Additional time after service by mail. Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period. The additional 3-day period applies only to actions taken by parties and does not apply to actions taken by the Court.
Civil cases
Page 1 | Superior Court Civil Rule 6 — Additional time after service by mail
An opposition response must be filed no later than four days before the motion hearing.
Responses in opposition to any motion shall be filed no later than four days prior to the hearing on the motion and shall not exceed 6 pages in length on paper approximately 8 1/2 inches by 11 inches in size.
Civil cases
Page 4 | Superior Court Civil Rule 78 — Motions
For non-expedited Rule 7(c)(1) motions, the general briefing schedule calls for an opening brief 30 days after filing, an answering brief 30 days later, and a reply 15 days after that.
In a non-expedited case, the general expectation for a motion falling under Rule 7(c)(1) is for the opening brief to be due 30 days ===== PAGE 18 ===== after the motion is filed, the answering brief to be due 30 days later, and the reply 15 days after that.
Civil cases
Page 17 | 5. Scheduling Guidelines — a. Non-expedited cases — i.
Briefing schedules for expedited, non-case-dispositive motions should generally measure response and reply periods in days.
For non-case-dispositive motions, the time for responses and replies should generally be measured in days.
Civil cases
Page 18 | 5. Scheduling Guidelines — b. Expedited cases — iii.
For non-expedited motions other than Rule 7(c)(1) motions, the opposition is generally due 14 calendar days after filing and the reply seven calendar days later.
In a non-expedited case, the general expectation for all other motions is for the opposition to be due fourteen calendar days after the motion is filed and the reply seven calendar days after that.
Civil cases
Page 18 | 5. Scheduling Guidelines — a. Non-expedited cases — ii.
Moving counsel should promptly advise the Court whether a pro hac vice or commission motion is opposed, and any objection must be filed promptly or the motion will be deemed unopposed.
Moving counsel should investigate and promptly determine and advise the Court whether a motion for admission pro hac vice or for commission is opposed. Otherwise, the motion will be deemed unopposed. Any objection to a pro hac vice motion or motion for commission must be filed promptly.
Civil cases
Page 24 | 6. Motions — b. Pro hac vice motions
Unless the Court directs otherwise, a requested form of order should be submitted within five business days after the ruling.
If the Court has requested a form of order, then unless otherwise directed, a form of order should be submitted within five business days of the ruling.
Civil cases
Page 44 | 10. Forms of Order
Objections to be filed 15 days before the hearing date, and
Objections to be filed 15 days before the hearing date, and
Civil cases
Page 44 | 11. Representative Actions — Settlements
The settlement should be presented promptly for approval following the closing of the transaction.
The settlement should be presented promptly for approval following the closing of the transaction.
Civil cases
Page 44 | 11. Representative Actions — Settlements
A short reply in support of the settlement and in response to any objections five days prior to the hearing date.
A short reply in support of the settlement and in response to any objections five days prior to the hearing date.
Civil cases
Page 44 | 11. Representative Actions — Settlements
A brief in support of the settlement and any supporting documents to be filed 30 days before the hearing date;
A brief in support of the settlement and any supporting documents to be filed 30 days before the hearing date;
Civil cases
Page 44 | 11. Representative Actions — Settlements
A Rule 41(e) dismissal notice and order is issued monthly after six months of inactivity.
Issued monthly, following six (6) months of no activity.
Page 16 | VII. EXAMPLE NOTICES – Dismissal Notice/Order – Rule 41(e)
A Rule 4(j) dismissal notice and order are issued for cases in which service has not been perfected within 90 days after the complaint is filed.
Issued for all cases that have not had service perfected within 90 days of filing of the Complaint.
Page 16 | VII. EXAMPLE NOTICES – Dismissal Notice/Order (120 day) – Rule 4(j)
The court aims to resolve 75% of appeals within 290 days of filing the notice of appeal and 95% within one year, with the remaining appeals resolved as expeditiously as circumstances permit.
The time standards of the Superior Court of the State of Delaware relating to disposition of appeals on the record shall be that 75% of all appeals shall be resolved within 290 days from filing of the notice of appeal, 95% within one year of the filing of the notice of appeal, and the remaining 5% as expeditiously as possible, given the length of the record, the complexity of the issues, or other unusual circumstances.
Page 1 | 2. Time Standards for Disposition of Appellate Cases
After the response deadline expires, the Prothonotary will forward the incarcerated litigant's motion and any response to the assigned judge.
Upon the expiration of the deadline provided, the Prothonotary will direct the Motion and Response, if any, to the Assigned Judge.
Page 16 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – C. Incarcerated Litigant Motions
Service and Proof of Service Rules
After receiving a civil action number, the filing party must print service copies of all pleadings with the eFile seal and deliver them to the Prothonotary's Office with payment.
Once assigned a civil action number, the FILING party is then responsible for: i. printing service copies of all pleadings while ensuring those copies include the eFile seal; and ii. delivering those printed service copies to the Prothonotary’s Office, along with payment.
Page 4 | I. GENERAL FILING INFORMATION
Unless authorized by law, all papers submitted to the court should be served on opposing counsel before or contemporaneously with submission.
Unless specifically authorized by law, a lawyer should not submit papers to the Court without serving copies of all papers upon opposing counsel in such a manner that opposing counsel will receive them before or contemporaneously with the submission to the Court.
Page 2 | Principles, B. Conduct of litigation, 3. Communications with the Court or tribunal
In expedited litigation, the plaintiff should serve initial written discovery requests with the complaint or motion to expedite, or as soon as possible thereafter if infeasible, while the defendant should promptly propound any requests.
To facilitate prompt responses to written discovery requests and the production of documents (including ESI), the plaintiff should serve its initial written discovery requests with the complaint or a motion to expedite (or if not feasible, as soon as possible thereafter), and the defendant should propound any requests it may have promptly.
Civil cases
Page 36 | g. Expedited discovery, ii. Written discovery
Mailing of a notice at least 60 days before the hearing date, with a shorter time only upon application and for good cause shown;
Mailing of a notice at least 60 days before the hearing date, with a shorter time only upon application and for good cause shown;
Civil cases
Page 44 | 11. Representative Actions — Settlements
For a motion filed by an incarcerated litigant, the Prothonotary must notify the opposing party and advise when its response is due.
The Prothonotary will notify the opposing party, instructing them when their Response is due.
Page 16 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – C. Incarcerated Litigant Motions
A Rule 55(b)(2) motion for default judgment should normally include notice mailed to the defaulting defendant.
A Motion for Default Judgment pursuant to Civil Rule 55(b)(2) should no rmally include n otice by mail to d efaulting d efendan t.
Civil cases
Page 1 | IV. MOTION PROCEDURE FOR ASSIGNED CIVIL CASES (continued), B. Certain Specific Motions
Filing Fees and Waivers
The filing fee for a non-eFiled case must be paid when the case is filed.
Payment of the filing fee is due at the time a non-eFiled case is filed.
Page 4 | I. GENERAL FILING INFORMATION
Payment for service fees must be made by check payable to the New Castle County Sheriff.
Payment is accepted in the form of check that are made payable to the ‘New Castle County Sheriff’ for the appropriate service fees.
Page 4 | I. GENERAL FILING INFORMATION
Courtesy Copy Requirements
Counsel must provide two courtesy copies to chambers for all motions, responses, and briefs, including appendices and compendiums.
Counsel shall provide two (2) courtesy copies of all motions, responses and briefs (including appendices and compendiums) to Chambers.
Civil cases
Page 2 | Courtesy Copies
Two Chambers copies of all papers, including compendia and appendices, should still be delivered to the Courthouse immediately when it next opens.
Two Chambers copies of all papers, including compendia and appendices, should still be delivered to the Courthouse immediately when it next opens.
Civil cases
Page 15 | 2. Courtesy Copies
In expedited matters, courtesy copies of motions and briefs should be delivered promptly without waiting for electronic filing acceptance.
In expedited matters, courtesy copies of motions and briefs should be delivered to Chambers promptly. It is not necessary to await acceptance of an electronic filing before delivering a copy to the Court.
Civil cases
Page 15 | 2. Courtesy Copies
One courtesy copy of each motion must be provided to the assigned judge.
1. Motions shall be eFiled in the assigned case and a courtesy copy shall be provided to the Assigned Judge.
Page 14 | Motion Procedures
For remote hearings, provide the same courtesy copies as for in-person hearings, and submit exhibits and documents in three flash drives and three paper sets.
Provide courtesy copies just as you would for an in-person hearing. Submit exhibits and documents for the Court’s use as you would for an in-person hearing: three flash drives and three paper sets.
Civil cases
Page 9 | B. EXPECTATIONS FOR REMOTE HEARINGS AND TRIALS
If papers must be delivered to a judge’s home in an expedited matter, only one copy should be delivered, and unreported-case compendia should not be served unless requested.
In expedited matters, it may be necessary to deliver papers to a judge’s home. Please deliver only one copy and do not serve compendia of unreported cases unless requested.
Civil cases
Page 15 | 2. Courtesy Copies
For Rule 12(b)(6) or 12(c) motions, parties should submit two properly bound copies of the operative pleadings and exhibits.
Parties should submit two properly bound copies of the operative pleadings and their exhibits in connection with Rule 12(b)(6) or 12(c) motions. These are pleading-stage motions, so the pleadings and the exhibits are the key documents. The Court does not have the resources to recreate the pleadings and exhibits from the docket, particularly when they are voluminous.
Civil cases
Page 24 | 6. Motions — d. 12(b)(6) or 12(c) motions
Courtesy copies of each dispositive motion and response must be provided to the assigned judge.
Motions and Responses shall be eFiled in the assigned case and courtesy copies provided to the Assigned Judge.
Page 15 | VI. MOTION PROCEDURES FOR ASSIGNED CIVIL CASES – B. Dispositive Motions
Counsel should provide Chambers with two courtesy copies of filings the judge should read or that require judicial action, but routine filings are exempt.
Counsel should provide Chambers with two courtesy copies of any filing that they want the judge to read or that otherwise requires judicial action, such as letters, motions, and briefs. Counsel need not provide copies of routine filings, such as short motions that do not contain argument (because a supporting brief will be filed separately), motions for admission pro hac vice, motions for commission, or Rule 4 certifications.
Civil cases
Page 14 | C. BEST PRACTICES FOR LITIGATING CASES — 2. Courtesy Copies
Unless extraordinary circumstances exist, a party seeking expedited proceedings should make a good-faith effort to give the other side informal courtesy copies of all relevant papers and promptly notify the court by letter whether expedition is contested.
Absent extraordinary circumstances, the party seeking expedited proceedings should make a good faith effort to provide informal courtesy copies of all relevant papers to the other side, ascertain whether expedition is contested, and promptly inform the Court by letter as to those efforts and any response.
Civil cases
Page 19 | C. BEST PRACTICES FOR LITIGATING CASES – 5. Scheduling Guidelines
Sealing & Redaction Procedures
A document subject to retention will be unsealed unless a good-cause application is made within 30 days, while a document subject to destruction must be withdrawn within 30 days or it will be destroyed.
If the retention schedule requires the document to be retained, the document will be released from confidential treatment unless application for further confidential treatment for good cause is made to the Court within thirty (30) days of this notice. If the retention schedule requires the document to be destroyed, the document will be destroyed, if not withdrawn from the Prothonotary's Office within thirty (30) days from the date of this notice.
Page 25 | Exhibit G — Sealed Document Letter
Sealed documents will be released from confidential treatment or destroyed according to the court’s retention schedule.
In accordance with Superior Court Rule 5(g)(5), this is to advise you the sealed documents in the above-captioned case will either be released from confidential treatment or be destroyed depending on the requirements of the retention schedule.
Page 25 | Exhibit G — Sealed Document Letter
Filing Bundling Requirements
Otherwise, the compendium and appendix should be separate hardcopy submissions.
Otherwise, the compendium and appendix should be separate hardcopy submissions.
Civil cases
Page 14 | C. BEST PRACTICES FOR LITIGATING CASES — 2. Courtesy Copies
Counsel may optionally attach a few short exhibits or authorities directly to a motion or brief.
If you are only attaching a few short exhibits or authorities, feel free to attach them to the motion or brief.
Civil cases
Page 14 | C. BEST PRACTICES FOR LITIGATING CASES — 2. Courtesy Copies
Movants are encouraged to prepare one compendium containing the opening and reply brief authorities when the reply brief is filed.
ii. Movants should consider preparing a single compendium for their opening and reply briefs upon the filing of their reply brief.
Civil cases
Page 41 | 8. Compendia and Appendices
Pre-Motion Conference Requirements
Under one possible procedure, a party wishing to file a motion for summary judgment must file a letter no longer than 1,250 words setting forth the undisputed facts and legal theories that warrant granting summary judgment.
Under one possible procedure, a party wishing to file a motion for summary judgment must file a letter no longer than 1,250 words setting forth the undisputed facts and legal theories that warrant granting summary judgment.
Civil cases
Page 22 | e. Rule 56 motions
Parties may request, and the Court may adopt, a scheduling-order provision requiring leave before filing a summary-judgment motion.
To screen whether summary judgment will be helpful, parties may include in a scheduling order (or the Court may adopt) provisions requiring that parties seek leave before moving for summary judgment.
Civil cases
Page 22 | e. Rule 56 motions
The listed routine motions may be presented without scheduling.
4. Routine Motions which can be presented WITHOUT scheduling:
Page 14 | Routine Motions which can be presented WITHOUT scheduling
Oral argument occurs only when scheduled by the court, and the assigned judge sets the scheduled argument's date and time.
(c) Oral argument. There will be no oral argument unless scheduled by the Court, except as may be otherwise expressly provided by statute or rule. (d) Scheduling. Arguments scheduled will be scheduled as to date and time by the assigned judge.
Civil cases
Page 4 | Superior Court Civil Rule 78 — Oral argument and Scheduling
Adjournment & Extension Requirements
An extension of time to file the appellate record or any brief requires a court order supported by a showing of good cause, regardless of party consent.
The extension of the time for filing of the record or of any brief ordered by the Court will not be authorized, whether or not consent of the parties is obtained, unless the Court enters an order upon a showing of good cause for such enlargement.
Page 2 | § 4. Time of Filing
A party seeking to change a scheduling-order deadline must give reasonable notice and apply under Rule 7(b) or obtain a written stipulation and order, but the requirement does not apply to deadlines outside the scheduling order.
(i) A party, upon reasonable notice to other parties and all persons affected thereby, who proposes a change to a deadline contained in a scheduling order entered by the Court in accordance with this Rule shall make an application to the Court for such a change pursuant to Rule 7(b) or by written stipulation and order. Subsection (i) shall not apply to deadlines that are not contained in the scheduling order.
Civil cases
Page 1 | Superior Court Civil Rule 16 — Scheduling Order Deadlines
An extension to file the record or any court-ordered brief is authorized only when the court enters an order based on a showing of good cause, regardless of party consent.
The extension of the time for filing of the record or of any brief ordered by the Court will not be authorized, whether or not consent of the parties is obtained, unless the Court enters an order upon a showing of good cause for such enlargement.
Page 2 | 4. Time of Filing
Firm pretrial and trial dates will not be continued merely because of scheduling conflicts with other civil cases.
Firm pretrial and prompt trial dates will be established which will not be continued due to scheduling conflicts with other civil cases.
Civil cases
Page 1 | Complex Commercial Litigation Division-Administrative Governance
When counsel agree on additional hearing time, the request may be made to the judicial assistant during scheduling; if they disagree, a single joint letter must state each side’s position.
If counsel agree on the amount of time, then the request can be made to the judicial assistant when scheduling the hearing. If counsel disagree, then the request should be made in a single, joint letter that sets forth each side’s position.
Civil cases
Page 5 | A. EXPECTATIONS FOR COURTROOM HEARINGS AND TRIALS
Before requesting more hearing time, the requesting party should confer with the other parties and report their position to the Court.
Before requesting additional time for any hearing, the requesting party should confer with the other parties in the action to determine their position and report that position to the Court.
Civil cases
Page 5 | A. EXPECTATIONS FOR COURTROOM HEARINGS AND TRIALS
A case moved to the bankruptcy docket will be dismissed without further notice after 24 months unless a party timely files with the originally assigned judge a motion showing good cause for an extension.
In accordance with Superior Court Civil Rule 41(g), this notice is to advise you that the above referenced case was moved from the active docket to the bankruptcy docket today. Twenty-four (24) months from the date of this letter, the action shall be dismissed without further notice unless, prior to the expiration of the twenty-four (24) month period a party files a motion with the originally assigned Judge to extend the period for good cause.
Page 23 | EXHIBIT E
A case moved to the dormant docket will be dismissed without further notice after 24 months unless a party timely files with the originally assigned judge a motion showing good cause for an extension.
In accordance with Superior Court Directive 2013-4, this notice is to advise you that the above referenced case was moved from the active docket to the Dormant docket today. Twenty-four (24) months from the date of this letter, the action shall be dismissed without further notice unless, prior to the expiration of the twenty-four (24) month period a party files a motion with the originally assigned Judge to extend the period for good cause.
Page 24 | EXHIBIT F
The Court may grant reasonable requests for additional hearing time when warranted, including for post-trial argument involving a large record.
The Court will be receptive to reasonable requests for extra time when the situation warrants, such as a post-trial argument involving a large record.
Civil cases
Page 5 | A. EXPECTATIONS FOR COURTROOM HEARINGS AND TRIALS
Chambers Communication Rules
Counsel must make a reasonable effort to confer about scheduling before calling Chambers.
Before calling Chambers, counsel must make a reasonable effort to confer regarding scheduling so that the parties’ request can be conveyed fairly to the judicial assistant.
Civil cases
Page 15 | 3. Contacting Chambers — a. Calls to Chambers
Emails should not be sent to judicial officers directly except in the case of a true emergency that arises outside of regular business hours.
Emails should not be sent to judicial officers directly except in the case of a true emergency that arises outside of regular business hours.
Civil cases
Page 16 | 3. Contacting Chambers — b. Emailing Chambers
Substantive communications must be docketed, and meaningful substantive or procedural disputes must be presented through a procedurally appropriate filing.
Substantive communications must be docketed. Any meaningful substantive or procedural disputes must be presented in a procedurally appropriate filing.
Civil cases
Page 16 | 3. Contacting Chambers — b. Emailing Chambers
A lawyer should give all affected parties reasonable notice, whenever possible, before communicating with a court concerning pending or prospective litigation.
A lawyer should not communicate with a Court * concerning pending or prospective litigation without reasonable notice whenever possible to all affected parties.
Page 1 | Principles, A. In general, 4. Civility
Ex parte communications with the court on pending matters should be avoided unless permitted by law.
A lawyer should avoid ex parte communications with the Court on pending matters, except when permitted by law.
Page 2 | Principles, B. Conduct of litigation, 3. Communications with the Court or tribunal
Counsel intending to use technology should contact the Register in Chancery and the Court of Chancery court reporters approximately one week before the proceedings to arrange equipment setup and testing.
If you intend to use technology, contact the Register in Chancery and the Court of Chancery court reporters approximately one week before to make arrangements to set up and check your equipment.
Civil cases
Page 8 | 6. Arranging for Technology
Counsel must confirm the hearing date and time with chambers and then contact CourtScribes at least three business days before the hearing.
After confirming the hearing date and time with chambers, counsel must contact CourtScribes at least three business days before the hearing by emailing scheduling@courtscribes.com or calling (833) SCRIBES (727-4237).
Civil cases
Page 11 | e. Video Conference Hosted By CourtScribes
Unless extraordinary circumstances exist, non-Delaware counsel must not directly file documents or contact the Court and must communicate through Delaware counsel.
Non-Delaware counsel must not directly make filings or initiate contact with the Court, absent extraordinary circumstances. All ===== PAGE 14 ===== contact must be through Delaware counsel, absent extraordinary circumstances.
Civil cases
Page 13 | C. BEST PRACTICES FOR LITIGATING CASES — 1. Role of Delaware Counsel — d. Non-Delaware counsel contact with Chambers
Disputes between counsel involving scheduling should be presented directly to the Court for resolution, not to judicial assistants. If it becomes apparent during a call that the parties have disputes about issues relevant to the call, counsel should alert the judicial assistant and opponent, diplomatically terminate the call, and meet and confer offline.
Disputes between counsel involving scheduling should be presented directly to the Court for resolution, not to judicial assistants. If it becomes apparent during a call that the parties have disputes about issues relevant to the call, counsel should alert the judicial assistant and opponent, diplomatically terminate the call, and meet and confer offline.
Civil cases
Page 15 | 3. Contacting Chambers — a. Calls to Chambers
Except in extraordinary circumstances, counsel scheduling with Chambers should include all parties or have authority to request available dates for all parties.
When calling Chambers, absent extraordinary circumstances, counsel for all parties should be on the call, or counsel should have obtained authority from all parties to seek a list of available dates from the Court.
Civil cases
Page 15 | 3. Contacting Chambers — a. Calls to Chambers
Counsel calling Chambers without all parties must tell the judicial assistant that other parties are absent and explain why.
If counsel calls without other parties on the line, make clear to the judicial assistant that not all parties are on the line and be clear as to why and who knows what.
Civil cases
Page 15 | 3. Contacting Chambers — a. Calls to Chambers
Forms of order should be submitted to the Court by letter.
Forms of order should be submitted by letter.
Civil cases
Page 16 | 3. Contacting Chambers — c. Letters
Emailing the Court or its staff should generally be avoided.
Avoid emailing the Court or its staff.
Civil cases
Page 16 | 3. Contacting Chambers — b. Emailing Chambers
Letters may provide updates or address logistical or scheduling issues but ordinarily should not request substantive relief unless the Court asks for a letter.
Parties may use letters to provide updates to the Court or to address logistical or scheduling issues. Unless requested by the Court, letters should not be used to request substantive relief.
Civil cases
Page 16 | 3. Contacting Chambers — c. Letters
Email should not be used to present a dispute to the Court or request judicial action.
Email should not be used to present disputes to the Court or request action.
Civil cases
Page 16 | 3. Contacting Chambers — b. Emailing Chambers
Email to Court staff should address only routine, non-controversial matters such as hearing-date or courtesy-copy confirmations.
Email to Court staff should be used only to address routine and non-controversial matters, such as confirming a date of a hearing or confirming that a courtesy copy will be provided.
Civil cases
Page 16 | 3. Contacting Chambers — b. Emailing Chambers
Parties should avoid prolonged exchanges of letters and should schedule a conference after a response and possible reply, or go directly to a conference.
The judicial officers do not want ongoing exchanges of letters. After a letter response and perhaps a letter reply, it is time to schedule a conference. It even may be prudent to forgo the response and reply and go straight to the conference.
Civil cases
Page 16 | 3. Contacting Chambers — c. Letters
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.
If a judicial assistant gives a lawyer possible dates for a hearing, the lawyer must share all such dates with all relevant counsel and be fair in finding a date acceptable to all concerned. Unless a judicial assistant has expressly indicated that the Court prefers a specific date, do not give other counsel the impression that the Court has a preference.
Civil cases
Page 16 | 3. Contacting Chambers — a. Calls to Chambers
Moving counsel should tell Chambers whether a commission motion is opposed, and opposing counsel should respond promptly when asked.
Moving counsel should advise Chambers whether a motion is opposed or unopposed. Opposing counsel should respond promptly when asked by moving counsel if a motion for commission is opposed.
Civil cases
Page 24 | 6. Motions — c. Motions for commission
Communications with the Court concerning pending or prospective litigation require reasonable notice to all affected parties whenever possible.
A lawyer should not communicate with a Court[] concerning pending or prospective litigation without reasonable notice whenever possible to all affected parties.
Page 1 | Expectations of the Superior Court for Attorneys’ Professionalism and Civility in a Courtroom Setting
As a recommended practice, parties should contact chambers to indicate whether argument is requested or whether the motion may be submitted for decision without argument.
The Court may decide a motion without holding argument. The parties should contact chambers to advise whether any party requests argument or whether the parties agree to submit the motion for decision without argument.
Civil cases
Page 4 | A. EXPECTATIONS FOR COURTROOM HEARINGS AND TRIALS — 1. Hearing Protocols
Requests for real-time and questions regarding the real-time setup and connection should be addressed to the Court of Chancery court reporters before the day of the proceedings.
Requests for real-time and questions regarding the real-time setup and connection should be addressed to the Court of Chancery court reporters before the day of the proceedings.
Civil cases
Page 8 | 5. Laptops
Contested scheduling requests may be presented by letter, and a formal motion is generally unnecessary except for a motion to expedite.
Contested scheduling requests are frequently presented by letter. Except for motions to expedite, a formal motion generally is not necessary.
Civil cases
Page 16 | 3. Contacting Chambers — c. Letters