Judge Eric M. Davis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion
- 1 copy • Upon Filing
Case Dispositive Motion, Daubert Motions
- 1 copy • Upon Filing
Complaint, Cross Claim, Counterclaim, Exhibits
- 1 copy
Courtesy copies
- Not required
Adjournments
- Deadlines in the Trial Scheduling Order are firm, and an extension may be denied absent a showing of good cause.
- An amendment to the Trial Scheduling Order requires a court order entered on an appropriate motion or party stipulation.
- Failure to meet a firm deadline may result in denial of an extension unless good cause is shown.
- +1 more
Request must include
Communication
Phone
Chambers
Phone
Page & Word Limits3 rules
any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition and does not exceed three (3) pages, exclusive of appendices.
- Joinder or adopting brief
- Up to 3 pages
- Joinder
Excluded from page count
- •Appendices
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages (14 pt. font) in length.
- Page limit
- Up to 6 pages
- Case dispositive motion
- Response
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages in length and typeset in Times New Roman 14 pt. font.
- Response
- Up to 6 pages
- Format
- 14-point Times New Roman
- Case dispositive motion
- Daubert motions
Document Format Requirements12 rules
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages (14 pt. font) in length.
- Font size
- 14 points
- Case dispositive motion
- Response
Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages in length and typeset in Times New Roman 14 pt. font.
- Font
- Times New Roman
- Font size
- 14 points
- Case dispositive motion
- Daubert motions
A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.
- File type
- Word
- Jury instructions
Case citations shall use Westlaw format for unreported decisions.
Formatting
- •Use Westlaw format for unreported decisions
Exhibits to briefs, courtesy copies of motions, or letters must be individually tabbed.
Footnotes shall be single-spaced and typeset in Times New Roman 12-point font with two spaces between sentences.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Single
Formatting
- •Two spaces between sentences in footnotes
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
- Stapled
- Brief
- Exhibits
- Appendices
Formatting
- •Paper clips, binder clips, and metal three-ring fasteners are prohibited
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Microsoft Word format ONLY.
- File type
- Word
- Jury instructions
- Voir dire questions
an electronic copy in Microsoft Word format of the proposed jury instructions
- File type
- Word
- Jury instructions
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my
Case names should be italicized or underlined.
- Case dispositive motion
- Daubert motions
Formatting
- •Italicize or underline case names
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.
Document Filing Requirements28 rules
a set of joint-proposed jury instructions which shall include a proposed special verdict sheet
any special interrogatories.
If the parties cannot agree on all pretrial terms, they must file one proposed order noting their areas of disagreement.
Court's wording
In the event the parties cannot reach agreement on all the terms of the Pre- Trial Stipulation and Order, jury instructions and special interrogatories, a single proposed order shall be filed and any areas of disagreement shall be appropriately noted in the one proposed order submitted
All proposed special voir dire questions shall be included with the pretrial stipulation.
Jury Instructions – Counsel shall submit a joint-set of jury instructions to the Court on or before . One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my
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.
An Interim Status Report will be due no more than 14 days after ADR has been conducted. Among other issues, the parties shall advise the Court of the outcome of mandatory ADR.
whether proposed jury instructions have been exchanged, discussed, exceptions noted, and a copy submitted with the status report in the form required by paragraph (i) above; and
whether parties and counsel agree there are no remaining evidentiary and/or legal issues for the Court to resolve prior to jury selection and opening statements.
The final trial status report shall advise the Court of the following:
whether all exhibits have been exchanged or reviewed by the parties or counsel, and there are no objections to any exhibit;
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 any attempts made or alternate dispute resolution used to date to resolve this matter.
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.
Do not include information on offers or demands.
The Interim Status Report is to be filed by Plaintiff(s)'s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the "Prothonotary."
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
A request for court action must state all parties' positions or explain that opposing or self-represented counsel could not be reached.
Court's wording
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 the self-represented party could not be reached.
After a trial and pretrial conference date has been selected, counsel should confer and submit one scheduling order using President Judge Davis's CCLD Case Management Order.
Substantive emails are docketed and must always include the civil action number.
No reply by the moving party is permitted.
Only counsel, not legal staff, may write directly to President Judge Davis. All correspondence must be signed by an attorney in the law firm of the attorney of record.
Counsel for plaintiff(s) must then submit a status report within sixty (60) days of the date of the postponed conference.
The parties will notify the Court in writing of the date of the scheduled ADR
If counsel does not oppose a routine motion, non-opposing counsel should so notify the Court by letter.
Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.
The motion should be noticed for the Pretrial Conference date provided within the Trial Scheduling Order.
Counsel should proceed with setting a trial date even if prompt settlement of the case is likely, if any attorney in the case believes that a trial date with related deadlines will help resolve the case.
If possible, an unopposed motion should represent that non-opposition in the motion itself (if such non-opposition is known to the movant) in which event no further notification is necessary.
Filing & Service rules
Electronic Filing Rules
A case-dispositive motion must be electronically filed, with one courtesy copy and its exhibits delivered to Judge Davis's chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers.
Civil cases
Page 4 | Case Dispositive Motions
A response to a case-dispositive motion must be electronically filed, and one courtesy copy must be delivered to Judge Davis's chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers.
Civil cases
Page 4 | Case Dispositive Motions
A case-dispositive or Daubert motion must be e-filed with one courtesy copy, including its exhibits, delivered to chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to President Judge Davis in chambers.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
The response must be e-filed and one courtesy copy delivered to chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to President Judge Davis in chambers.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Filing Timing and Cure Windows
The parties must file an interim status report advising the court of the ADR outcome within 14 days after ADR.
will file an interim status report with the Court within 14 days after ADR has been conducted to advise the Court of the ADR’s outcome
Civil cases
Page 2 | I. GENERAL — E. ADR
Reply briefs on dispositive motions may be filed within 15 days after filing the opposition brief.
Reply briefs may be filed within 15 days after the filing of the opposition brief.
Civil cases
Page 4 | IV. MOTIONS — A. DISPOSITIVE MOTIONS
Motions concerning expert testimony, if any, must be filed by the court-specified deadline.
Motions concerning expert testimony, if any, shall be filed by
Civil cases
Page 4 | IV. MOTIONS — C. EXPERT MOTIONS
Opposition briefs on dispositive motions may be filed within 30 days after filing the dispositive motion.
Opposition briefs may be filed within 30 days after the filing of the dispositive motion.
Civil cases
Page 4 | IV. MOTIONS — A. DISPOSITIVE MOTIONS
Responses to expert-testimony motions must be filed no later than the court-specified deadline.
all responses to those motions shall be filed no later than
Civil cases
Page 4 | IV. MOTIONS — C. EXPERT MOTIONS
The completed pretrial stipulation must be received by the Court by the stated deadline, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before . Failure to comply with this deadline may result in sanctions being imposed upon the responsible party or parties.
Civil cases
Page 2 | Pretrial Stipulation
The Interim Status Report is due no later than 14 days after ADR has been conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Civil cases
Page 2 | Interim Status Report
Deadlines in the Trial Scheduling Order are firm and should be treated as mandatory.
Counsel are advised that all of the deadlines established by this Trial Scheduling Order are firm deadlines.
Civil cases
Page 3
Unless the court provides otherwise, a response to a routine civil motion is due no later than four business days before the presentation date.
Unless otherwise notified by the Court, responses are due no later than four (4) business days prior to the presentation date.
Civil cases
Page 4 | Routine Civil Motions
A routine civil motion must be filed or electronically filed, as appropriate, ten days before its noticed presentation date, excluding Saturdays, Sundays, and holidays.
Motions must be filed or e-filed, as appropriate, ten (10) days (excluding Saturdays, Sundays or holidays) prior to the noticed date for presentation.
Civil cases
Page 4 | Routine Civil Motions
Responses to dispositive and Daubert motions ordinarily are due no later than four days before the hearing unless the court provides different notice.
Unless otherwise notified by the Court responses are normally due no later than four (4) days prior to the date of the hearing.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Proposed jury instructions must be filed on the Wednesday before trial.
Proposed jury instructions must be filed on the Wednesday before the day of trial.
Civil cases
Page 1 | Pretrial/Evidentiary Matters — Pretrial Conferences
Routine Motions must be filed 10 days before the noticed date, excluding weekends and holidays.
Routine Motions must be filed 10 days prior (excluding weekends and holidays) to the noticed date.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
A response to a routine motion is due on the Tuesday before presentation.
Responses are due the Tuesday prior to presentation.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
Service and Proof of Service Rules
A party adding a new party must serve the new party with the Case Management Order simultaneously with the pleading joining that party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Civil cases
Page 1 | I. GENERAL — B. Service of Case Management Order on New Parties
Initial discovery requests and their responses must be served electronically through LEXIS/NEXIS, but the actual production of documents is excluded.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Civil cases
Page 2 | II. LEXIS/NEXIS E-FILING PROCEDURES
Defendant’s counsel must provide comments and proposed information within 5 days after receiving plaintiff’s draft pretrial order.
Within 5 days from the date of receiving that draft, defendant’s counsel shall provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
Civil cases
Page 2 | Pretrial Conference
Plaintiff’s counsel must send defendant’s counsel a draft pretrial order and proposed information at least 15 days before the pretrial conference.
At least 15 days before that conference, plaintiff’s counsel shall forward to defendant’s counsel a draft of the pretrial order with the information plaintiff proposes to include in that order.
Civil cases
Page 2 | Pretrial Conference
A copy of the proposed jury instructions must be emailed to Lisa Iannelli in Microsoft Word format.
A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.
Civil cases
Page 1 | Pretrial/Evidentiary Matters — Pretrial Conferences
Communications to the judge, Chambers, or chambers staff should be copied to opposing counsel or the self-represented party.
Communications (letters, e-mails, etc.) to President Judge Davis, Chambers or President Judge Davis's staff should be copied to opposing counsel or the self-represented party.
Civil cases
Page 1 | Communications
Filing Fees and Waivers
A $150 trial fee must accompany the Interim Status Report by check payable to the Prothonotary.
The Interim Status Report is to be filed by Plaintiff(s)'s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the "Prothonotary."
Civil cases
Page 4 | Additional Information and Procedures
Courtesy Copy Requirements
One hard copy and one electronic Microsoft Word copy of the proposed jury instructions must be delivered to Chambers, with the electronic copy sent through the assistant at the stated email address.
One hard copy AND an electronic copy in Microsoft Word format of the proposed jury instructions shall be delivered to Chambers via my assistant at Lisa.Iannelli@state.de.us.
Civil cases
Page 6 | C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference
One courtesy copy of a response to a case-dispositive motion must be delivered to Judge Davis's chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers.
Civil cases
Page 4 | Case Dispositive Motions
One courtesy copy of a case-dispositive motion, including its exhibits, must be delivered to Judge Davis's chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers.
Civil cases
Page 4 | Case Dispositive Motions
One copy of the Interim Status Report must accompany the filing for the assigned judge.
The Interim Status Report is to be filed by Plaintiff(s)'s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the "Prothonotary."
Civil cases
Page 4 | Additional Information and Procedures
One courtesy copy of a routine civil motion response, including its exhibits, must be delivered to Judge Davis's chambers.
One (1) courtesy copy of the response with exhibits must be delivered to Judge Davis in chambers.
Civil cases
Page 4 | Routine Civil Motions
Chambers courtesy copies of filings must be emailed with a PDF attachment, and hard copies are not required by mail or hand delivery.
Chambers' copies or courtesy copies of filings shall be provided to Chambers by email with an attached pdf. Parties do not have to provide a hard copy of any filing by regular mail or hand delivery.
Civil cases
Page 1 | Communications
One courtesy copy of CCLD complaints, cross-claims, counterclaims, and related exhibits must be filed with Chambers as soon as possible.
Counsel shall file one (1) courtesy copy of their complaints, cross-claims, counterclaims, and any related exhibits with President Judge Davis's Chambers as soon as possible.
Civil cases
Page 1 | Initial Stages — Complex Commercial Litigation Division Cases
One courtesy copy of the response must be delivered to chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to President Judge Davis in chambers.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
One courtesy copy each of a routine motion and its response must be filed with the Prothonotary.
One courtesy copy of both the motion and response must be filed in Prothonotary.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
One courtesy copy of the motion, with exhibits, must be delivered to chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to President Judge Davis in chambers.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A hard copy and an electronic Microsoft Word copy of the jury instructions must be sent to Chambers.
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my
Civil cases
Page 2 | Jury Instructions
Courtesy copies of exhibits ordinarily should not be sent, but counsel may elect to include them by PDF with the filing's courtesy copy.
Normally, parties should not provide courtesy copies of exhibits to filings; however, courtesy copies of exhibits to filings may be provided by pdf if counsel, in their discretion, believe the exhibits should accompany the courtesy copy of the filing.
Civil cases
Page 1 | Communications
Adjournment & Extension Requirements
An amendment to the Trial Scheduling Order requires a court order entered on an appropriate motion or party stipulation.
Amendments to this Trial Scheduling Order must be by Order of the Court on appropriate motion or stipulation of the parties.
Civil cases
Page 3
Deadlines in the Trial Scheduling Order are firm, and an extension may be denied absent a showing of good cause.
Counsel are advised that all of the deadlines established by this Trial Scheduling Order are firm deadlines. 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 6 | C. Pre-Trial Stipulation and Order, Jury Instructions, Special Interrogatories, and Pre-Trial Conference
Failure to meet a firm deadline may result in denial of an extension unless good cause is shown.
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 3
After contacting all parties, plaintiff's counsel may request an indefinite postponement of trial scheduling when all counsel believe settlement is likely.
After the Administrative Assistant reaches out to all parties, if all counsel believe that the case is likely to settle soon, counsel for plaintiff(s), speaking for all parties, may write the Court requesting the scheduling of a trial date be postponed. Unless ordered otherwise, scheduling will be indefinitely postponed.
Civil cases
Page 1 | Initial Stages — Initial Scheduling Conferences
Chambers Communication Rules
If counsel other than a signatory of the complaint or the responsive pleading plans to attend, that counsel should notify chambers at least the day before the scheduling conference by phone or email to President Judge Davis's Administrative Assistant.
If counsel other than a signatory of the complaint or the responsive pleading plans to attend, that counsel should notify chambers at least the day before the scheduling conference by phone or email to President Judge Davis's Administrative Assistant.
Civil cases
Page 1 | Initial Stages — Initial Scheduling Conferences
Copies of every email sent to Chambers must be provided to the Administrative Assistant and Judicial Civil Case Manager.
Any email sent to Chambers should be sure to copy President Judge Davis'ss Administrative Assistant and Judicial Civil Case Manager.
Civil cases
Page 1 | Communications
Emails sent to Chambers must be copied to the Administrative Assistant and Judicial Civil Case Manager.
If you are inclined to send an email to Chambers, please make sure to always copy, President Judge Davis's Administrative Assistant and Judicial Civil Case Manager.
Civil cases
Page 1 | Communications
Counsel should contact the Civil Case Manager to inquire about a missing Scheduling Conference Letter.
If any attorney believes that a Scheduling Conference Letter should have been issued, but one has not been issued, counsel should contact President Judge Davis's Civil Case Manager to inquire about the delay.
Civil cases
Page 1 | Initial Stages — Initial Scheduling Conferences
Administrative emails are not docketed and should be sent to President Judge Davis only when staff is not the appropriate recipient.
Administrative emails are not docketed. Administrative emails should only be sent to President Judge Davis if not appropriate to send to other staff.
Civil cases
Page 1 | Communications
Counsel must promptly notify the appropriate Judicial Case Manager when an omitted related-case reference results in assignment to a different judge.
If counsel belatedly realizes that the Case Information Statement(s) 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.
Civil cases
Page 1 | Initial Stages — Related Cases
Email to President Judge Davis is limited to approved or exigent matters, although administrative emails to court staff are permitted.
Email should not be used with President Judge Davis except when (a) President Judge Davis has approved same or (b) exigent circumstances exist. However, this does not preclude administrative-type emails, particularly to Court staff.
Civil cases
Page 1 | Communications
Questions about filing a dispositive motion may be directed to Judge Davis's assistant by phone at (302) 255-0960 or by email at Lisa.Iannelli@state.de.us.
If you have any questions about how to file the dispositive motion, Lisa can be reached at (302) 255-0960 or at Lisa.Iannelli@state.de.us.
Civil cases
Page 4 | Case Dispositive Motions
Parties may request a scheduling conference when necessary.
A scheduling conference may be requested by parties if necessary.
Civil cases
Page 1 | Initial Stages — Initial Scheduling Conferences