Judge Danielle J. Brennan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appendices, Compendia
- 1 copy
Case Dispositive Motion, Daubert Motions
- 2 copies • Upon Filing
Chambers Copy
Motion
- 2 copies • Chambers Drop Off • Upon Filing
Communication
Chambers
Chambers
Phone
Chambers
Fax
Page & Word Limits6 rules
The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.
- Motion
- Up to 4,000 words
- Response
- Up to 4,000 words
- Motion in limine
Exception
More words with leave of court
The motion and the response shall not exceed six pages unless the party first obtains permission to exceed the page limit.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
- Routine motions
Exception
More pages with leave of court
The reply shall not exceed 5,500 words, unless permission previously has been granted to exceed that word limit.
- Word limit
- Up to 5,500 words
Exception
More words with leave of court
The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.
- Motion
- Up to 8,000 words
- Response
- Up to 8,000 words
- Case dispositive motion
- Daubert motions
The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.
- Motion in limine
- Up to 4,000 words
- Response
- Up to 4,000 words
Exception
More words with leave of court
The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing. The reply shall not exceed 5,500 words, unless permission previously has been granted to exceed that word limit.
- Motion
- Up to 8,000 words
- Response
- Up to 8,000 words
- Word limit
- Up to 5,500 words
- Reply
Exception
More words with leave of court
Document Format Requirements7 rules
Briefs, exhibits, or appendices must be stapled or bound.
- Binding
- Securely bound
- Brief
- Exhibits
- Appendices
A proposed order must be uploaded separately from any other documents, and filed in editable Word format.
- File type
- Word
- Proposed order
Formatting
- •Upload separately from every other document
- •Use editable Word format
All briefs and motions must have numbered pages, no less than one-inch margins, and be written in Times New Roman 14 pt. type and double-spaced.
- Font
- Times New Roman
- Font size
- 14 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Brief
- Motion
Formatting
- •Numbered pages
Proposed jury instructions and voir dire questions must be submitted in Microsoft Word to the Administrative Specialist.
- File type
- Word
- Jury instructions
- Voir dire questions
Court's wording
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, shall be submitted in Microsoft Word to Judge Brennan's Administrative Specialist.
Plaintiff’s counsel shall provide to the Court an agreed-upon set of instructions (both hard copy and in WORD format).
- Jury instructions
Formatting
- •Hard copy
- •WORD format
Exhibits to briefs, chambers copies of motions, or letters must be tabbed individually.
- Exhibits
- Chambers copy
- Letter
Formatting
- •Tab each item individually
Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.
Document Filing Requirements24 rules
The proposed order must include a line for Judge Brennan's signature.
All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and must be copied to opposing counsel.
All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.
All substantive and some administrative emails are docketed and always must include the civil action number.
- Document
Must include
- •Civil action number
The filing also must be linked to the documents to which the proposed order refers or applies.
Jury instructions shall be submitted with a table of contents.
- Document
- Jury instructions
Must include
- •Table of contents
Parties who seek to exceed the page limit should file a letter, at least two days before the deadline for the filing, requesting permission to exceed the page limit, specifying the number of additional pages sought, and indicating opposing counsel's position on the request.
Every communication to the Court or its staff must identify the case, civil action number, and represented party.
Court's wording
All communications addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil action number, and the name of the party whom communicating counsel represents.
Counsel always should 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 who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.
The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").
Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations.
(2) Filing of Motions in limine. Motions in limine are to be filed no later than . Motions in limine must include all supporting authority with the motion.
The motion and response shall not exceed 8,000 words, and shall have a notice page indicating the date and time of the motion hearing.
If counsel does not have access to Westlaw, or if the decision is not available on Westlaw, a copy of unreported decisions should be provided.
If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case and a later-filed, related civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the later-filed case.
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.
A letter requesting court action must state all parties' positions or explain diligent efforts to reach opposing counsel or a self-represented party.
Court's wording
Any letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.
All parties must attend and participate in the ADR in good faith, unless expressly excused by the ADR practitioner.
Insurance adjusters with authority up to policy limits must also be present.
The ADR proceedings shall not be transcribed unless specifically authorized by the Court for good cause
Plaintiff’s Counsel must file an Interim Status Report with the assigned judge that addresses the issues, discovery progress, and ADR results, reflects input from both parties, and excludes offers and demands.
Court's wording
The Interim Status Report is to be filed by Plaintiff(s)’s Counsel with a copy to the assigned Judge. The interim report will advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands. This document should reflect input from both parties.
Plaintiff’s counsel must obtain defense counsel’s consent to the report’s content sufficiently before the submission deadline.
Court's wording
Plaintiff’s counsel is responsible for obtaining defense counsel’s consent to form or additional input to be included in the Report in sufficient advance of the submission deadline to ensure compliance with the deadline.
For important issues supported by secondary sources, counsel should provide the table of contents and relevant excerpt unless the source is readily available to the Court.
Include
- •Table of contents
Court's wording
If counsel is relying on a treatise or other secondary source to support an important issue, it is helpful to provide a copy of the table of contents and the excerpt relied upon, unless it is a secondary source readily available to the Court, such as a law review article, Restatement section, or Delaware treatise.
Filing & Service rules
Electronic Filing Rules
Dispositive motions, Daubert motions, responses, and replies must be electronically filed.
The motion, response, and reply must be e-filed.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.
The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.
Page 1 | Motions & Briefing — Motions in Limine
Counsel must also file the jury instructions by email to Alicia Maxwell in WORD format.
Counsel is required to also file these instructions via email to Alicia Maxwell at Alicia.Maxwell@delaware.gov in WORD format.
Civil cases
Page 4 | ADDITIONAL INFORMATION AND PROCEDURES
Filing Timing and Cure Windows
A case settling within 30 days of trial must submit its settlement documentation by the pretrial-stipulation deadline.
If, however, a case resolves less than thirty (30) days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.
Page 1 | Trials — Settlements
A response to a dispositive or Daubert motion is due 20 business days after the motion is filed.
Responses are due 20 business days after the motion is filed.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A response to a routine motion is due on the Friday before the noticed hearing.
Responses are due the Friday before the noticed hearing.
Page 1 | Motions & Briefing — Routine Motions
After settlement, proper documentation should be submitted within 30 days, or a status report should be filed if the documentation remains unfinished.
As a general rule, proper documentation should be submitted to the Court within thirty (30) days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
Page 1 | Trials — Settlements
If a party then does not file the motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
If a party then does not file the motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Proposed jury instructions are due on the Wednesday before trial.
Proposed jury instructions are due the Wednesday before the trial date.
Page 1 | Pretrial Matters — Jury Instructions
A motion-in-limine response with all supporting authority is due within seven business days unless a court order states otherwise.
Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
Page 1 | Motions & Briefing — Motions in Limine
Routine motions must be filed 10 days before the noticed hearing date, excluding weekends and holidays.
Routine Motions must be filed 10 days (excluding weekends and holidays) before the noticed date.
Page 1 | Motions & Briefing — Routine Motions
A reply brief may be filed within five days after the response.
A reply brief may be filed within 5 days after the response.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Plaintiff's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(2) Plaintiff’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
Motions to add or amend must be filed by the scheduling order's stated deadline, which is blank in the provided text.
(a) Filing of Motions to Add or Amend. Such motions are to be filed no later than .
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
Plaintiff's rebuttal expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(4) Plaintiff’s Rebuttal Expert Report (or Rule 26(b)(4) Disclosure Deadline is .
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
Dispositive and Daubert motions must be filed by the scheduling order's stated deadline, which is blank in the provided text.
(c) (1) Filing of Dispositive and Daubert Motions. Such motions are -1-
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
All discovery must be initiated early enough to be completed by the scheduling order's discovery cut-off, which is blank in the provided text.
(1) Discovery Cut-Off: All discovery is to be initiated such that it will be completed by .
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
Defendant's expert report or Rule 26(b)(4) disclosure is due by the scheduling order's stated deadline, which is blank in the provided text.
(3) Defendant’s Expert Report (or Rule 26(b)(4) Disclosure) Deadline is .
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
Mandatory alternative dispute resolution must be conducted by the scheduling order's stated date, which is blank in the provided text.
(d) (1) Mandatory ADR is to be conducted by .
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
Unless the court orders otherwise, a response with all supporting authority to a motion in limine is due within 7 business days after filing.
Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
Responses to dispositive and Daubert motions are due 21 business days after filing, and a reply brief may be filed within 5 days after the response.
to be filed no later than . Responses are due 21 business days after the motion is filed. A reply brief may be filed within 5 days after the response.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
A response to a case dispositive motion is due 21 business days after the motion is filed.
Responses are due 21 business days after the motion is filed.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Routine civil motions are presented on Tuesdays at 10:00 a.m. and must be filed at least ten days before the noticed presentation date, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.
Judge Brennan’s routine civil motions are on Tuesday at 10:00 a.m. Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Failure to file a timely response to a motion in limine may result in the court deeming the motion unopposed.
Failure to file a timely Response may result in the Court deeming the motion as unopposed.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
A reply brief may be filed within five days after the response.
A reply brief may be filed within 5 days after the response.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Filing Fees and Waivers
Plaintiff must pay the trial fee by the pretrial conference.
Plaintiff must pay the trial fee on or before the pretrial conference.
Civil cases
Page 3 | ADDITIONAL INFORMATION AND PROCEDURES
Courtesy Copy Requirements
Two courtesy copies of each motion and brief must be sent to chambers, except motions seeking admission of counsel pro hac vice.
Two courtesy copies of all motions and briefs must be sent to chambers, other than motions to admit counsel pro hac vice.
Page 1 | Motions & Briefing — Courtesy Copies
Only one courtesy copy of appendices or compendia must be sent to chambers.
Only one copy of appendices or compendia need be sent to chambers.
Page 1 | Motions & Briefing — Courtesy Copies
Courtesy copies must not be sent until the Prothonotary accepts the filing.
Courtesy copies should not be sent until the filing is accepted by the Prothonotary.
Page 1 | Motions & Briefing — Courtesy Copies
Two courtesy copies of a routine motion and its response must be promptly sent to chambers.
Two courtesy copies of both the motion and response must be sent promptly to chambers.
Two courtesy copies of a motion in limine and response must be promptly delivered to chambers.
The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.
Two courtesy copies of each dispositive or Daubert motion, response, and reply must be promptly delivered to chambers.
Two courtesy copies of each must be delivered promptly to chambers.
Routine motions require two courtesy copies, including exhibits, to be delivered to Judge Brennan’s chambers when filed.
Motions must be filed no less than ten (10) days before the noticed presentation date with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
A routine motion response is due by the Wednesday before the hearing and must be accompanied by two courtesy copies, including exhibits, delivered to Judge Brennan’s chambers.
Responses are due no later than the Wednesday before the motion’s hearing, with two courtesy copies of a response (with exhibits) delivered to Judge Brennan in chambers.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
The original case dispositive motion, response, and any reply must be filed with the Prothonotary’s Office, with two courtesy copies including exhibits delivered to Judge Brennan’s chambers.
The original motion, the response and any reply thereto shall be filed with the Prothonotary’s Office with two courtesy copies (with exhibits) delivered to Judge Brennan in chambers.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
The cover page of the courtesy copies should have the File & Serve Transaction ID Number printed on it.
The cover page of the courtesy copies should have the File & Serve Transaction ID Number printed on it.
Filing Bundling Requirements
A motion to continue a trial date must be filed as a routine motion.
A Motion to Continue a Trial Date is filed as a routine motion.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Pre-Motion Conference Requirements
Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.
Before filing a dispositive motion or a Daubert motion, Counsel must obtain possible dates and times for oral argument through Judge Brennan's Administrative Specialist.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Motions in limine must be noticed for presentation at the Pretrial Conference and should be resolved there when possible.
Motions in limine shall be noticed for presentation at the Pretrial Conference and will be resolved, wherever possible, at that time.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
The Court establishes the briefing schedule by letter after the motion is filed.
After the motion is filed, the Court will issue a letter establishing a briefing schedule.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Adjournment & Extension Requirements
An untimely motion in limine seeking dispositive relief or Daubert relief may be summarily denied unless the court grants leave and the motion articulates good cause for the missed deadline.
Should a Motion in limine be filed that seeks dispositive relief or relief under Daubert and D.R.E. 702, et. seq. it may be SUMMARILY DENIED unless leave from the Court is given to file an untimely dispositive or Daubert motion, articulating good cause for the failure to file such a motion under the appropriate deadline.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
The parties may be excused from the ADR deadline only by court order.
The parties may be excused from this deadline only by order of the Court.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
Chambers Communication Rules
Email is prohibited in cases involving a self-represented party unless Judge Brennan authorizes its use.
The use of email is not permitted when the case includes a self-represented party, unless previously authorized by Judge Brennan.
Page 1 | Communications
If the case settles, Plaintiff’s Counsel must immediately notify chambers and the civil case manager by email.
In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Alicia Maxwell at Alicia.Maxwell@delaware.gov and civil case manager Shane DeLoatch at Shane.Deloatch@delaware.gov.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
* 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.
* 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.
Page 1 | Communications
Substantive email to Judge Brennan requires advance approval unless exigent circumstances make it necessary.
Subject to the foregoing restriction on emails in cases regarding self-represented litigants, substantive email messages may be directed to Judge Brennan either (a) with Judge Brennan's advance approval; or (b) where exigent circumstances so require.
Page 1 | Communications
For good cause, pro hac vice counsel may seek permission to participate by phone by making a sufficiently advance request to the Administrative Specialist.
For good cause, such as distance and/or the nature of the case, counsel admitted pro hac vice may be permitted to participate by phone if a request is sent to Judge Brennan's Administrative Specialist sufficiently in advance of the conference.
Page 1 | Pretrial Matters — Pretrial Conferences
The parties should notify the court in writing of the scheduled ADR date.
The parties should notify the Court in writing of the date of the scheduled ADR.
Civil cases
Page 2 | TRIAL SCHEDULING ORDER
Case dispositive motions must be scheduled by obtaining a date and time from Judge Brennan’s Chambers.
Case dispositive motions will be scheduled by obtaining a date and time from Judge Brennan’s Chambers which can be reached at 255-2306.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Requests for relief should be made by motion rather than by letter or email.
The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
Civil cases
Page 5 | ADDITIONAL INFORMATION AND PROCEDURES
Counsel may request a scheduling teleconference or office conference through Judge Brennan's Administrative Specialist.
If counsel believes a teleconference or office conference with Judge Brennan will be helpful in establishing a schedule, they may request a conference by contacting Judge Brennan's Administrative Specialist.
Page 1 | Initial Stages
Administrative emails should be directed to Court staff rather than Judge Brennan unless the matter is inappropriate for staff.
Administrative email messages should not be sent to Judge Brennan unless they are not appropriate to send to Court staff.
Page 1 | Communications
Counsel may contact the Civil Case Manager to inquire about a missing scheduling order.
If any counsel believes a scheduling order should have been issued, and none has been issued, counsel should contact Judge Brennan's Civil Case Manager to inquire about the delay.
Page 1 | Initial Stages