Judge Francis J. Jones Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • With Bundled Motion
Motion, Opposition
- Upon Filing
Motion, Opposition, Reply
- 2 copies • Promptly
Letter, Motion, Brief
Court-wide- 2 copies
Communication
Phone
Clerk
Phone
Phone
Chambers
Chambers
Page & Word Limits3 rules
The motion and the response shall not exceed six (6) pages in length and shall have a notice page indicating the date and time of the motion hearing.
- Page limit
- Up to 6 pages
The motion and response shall not exceed 10 pages absent permission from the Court.
- Page limit
- Up to 10 pages
- Motion in limine
- Opposition
Exception
More pages with leave of court
The motion, response and reply shall not exceed 10 pages, and shall have a notice page indicating the date and time of the motion hearing.
- Motion
- Up to 10 pages
- Reply
- Up to 10 pages
- Daubert motions
Document Format Requirements6 rules
All motions shall be formatted in the manner set forth in Superior Court Civil Rule 78(b).
All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h).
A proposed order must be uploaded separately from any other documents, and filed in editable Word format.
- File type
- Word
- Proposed order
Formatting
- •Upload the proposed order separately from all other documents
Exhibits shall be pre-marked.
- Exhibits
Formatting
- •Exhibits shall be pre-marked
Please send a Microsoft Word version of the jury instructions with a verdict form to my secretary.
- File type
- Word
- Jury instructions
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Word format to Jackie Barry, Judge Jones' Administrative Specialist.
- File type
- Word
- Jury instructions
Document Filing Requirements19 rules
The motion and the response shall not exceed six (6) pages in length and shall have a notice page indicating the date and time of the motion hearing.
The motion, response and reply shall not exceed 10 pages, and shall have a notice page indicating the date and time of the motion hearing.
TSO amendments must be made by (1) appropriate motion or (2) joint stipulation, and ordered by the Court.
All stipulations to alter scheduling orders, to vacate a trial date, or any other matter likely to affect the Court or its schedule require the judge's signature.
- Document
- Stipulation
- Placement
- Signature block
The proposed order must include a line for Judge Jones' signature.
- Document
- Proposed order
- Placement
- Signature block
The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").
All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.
A request to exceed the page limit must request permission, state the number of additional pages sought, and identify opposing counsel's position on the request.
Court's wording
Counsel who seeks to exceed the page limit should file a letter, at least two business 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.
All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and copied to opposing counsel.
Substantive emails are docketed and must always include the civil action number.
Any letter to the Court requesting court action of some kind (in instances where a motion is otherwise not appropriate) must state the position of all parties or otherwise represent that opposing counsel or self-represented party could not be reached.
Motion to Continue a Trial Date is filed as a routine motion. The Court discourages requests for relief be submitted in the form of letters or emails. Such requests should be made by motion.
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 filed with complaint
Should include
- •Identify any related Superior Court cases
Any particularly significant issue, especially those carrying a major impact on the ultimate disposition, should be raised by motion in limine.
In complex cases, the Court may require that instructions be filed with the Pretrial Stipulation and at least discussed at the Pretrial Conference.
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.
All legal or evidentiary issues worthy of pretrial identification and focus should be identified in the stipulation with brief citation(s) of legal authorities relied upon.
If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state.
Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.
Filing & Service rules
Electronic Filing Rules
A joint set of jury instructions and verdict form must be filed through LexisNexis no later than seven days before trial begins.
A joint set of jury instructions with a verdict form must be filed on LexisNexis on or before 7 days prior to the start of trial.
Civil cases
Page 4 | 7. Jury Instructions
The proposed-order filing must be linked to the documents to which the order refers or applies.
The filing also must be linked to the documents to which the proposed order refers or applies.
Page 1 | Proposed Orders and Stipulations
The motion, response, and reply in dispositive and Daubert matters must be filed electronically.
The motion, response, and reply must be e-filed.
Page 1 | Motions & Briefing
A fully signed stipulation that does not require a judge's signature should be filed under the document type Stipulation and is not placed into judicial review.
If the Stipulation is signed by all parties, and does not need the judge's signature to be effective, the document type should be 'Stipulation' - this document type does not put the document into judicial review.
Page 1 | Proposed Orders and Stipulations
The Court issues its Trial Scheduling Order through File & Serve.
The Court then will issue a Trial Scheduling Order via File & Serve.
Page 1 | Initial Stages
Filing Timing and Cure Windows
The response to a case dispositive motion is due no later than the Friday before the motion hearing.
The response is due no later than the Friday prior to the hearing date.
Civil cases
Page 2 | 4. Case Dispositive Motions
Routine civil motions must be filed ten business days before the noticed date.
Motions must be filed ten (10) business days prior to the noticed
Civil cases
Page 2 | 5. Routine Civil Motions
The completed pretrial stipulation must be received no later than five business days before the pretrial conference, and noncompliance may result in sanctions.
The completed pretrial stipulation must be received by the Court on or before 5 business days prior to the pretrial conference. Failure to comply with this deadline may result in sanctions being imposed upon the responsible party or parties.
Civil cases
Page 3 | 6. Pretrial Conference
Defendant's counsel must provide comments and proposed information within five days after receiving the 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 3 | 6. Pretrial Conference
A response to the motion addressed immediately before this passage is due no later than the Friday preceding the hearing.
Responses are due no later than the Friday prior to the hearing date.
Civil cases
Page 3
Plaintiff's counsel must send opposing 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 3 | 6. Pretrial Conference
A motion in limine must be filed at least 20 days before the pretrial conference.
To be filed at least 20 days prior to the pretrial conference.
Civil cases
Page 4 | 10. Motions in Limine
The joint jury instructions and verdict form are due no later than seven days before trial begins.
A joint set of jury instructions with a verdict form must be filed on LexisNexis on or before 7 days prior to the start of trial.
Civil cases
Page 4 | 7. Jury Instructions
Counsel must exchange exhibits and meet to resolve objections no later than seven days before trial.
Counsel shall exchange exhibits and meet to resolve objections on or before 7 days prior to the trial.
Civil cases
Page 4 | 9. Exhibits
Special voir dire questions must be submitted to the court three days before the pretrial conference.
Special voir dire questions must be submitted to the Court 3 days prior to the pretrial conference.
Civil cases
Page 4 | 8. Special voir dire
Responses to motions in limine are due seven days before the pretrial conference.
Responses are to be 7 days prior to the pretrial conference.
Civil cases
Page 4 | 10. Motions in Limine
The case will be removed from the trial calendar if the trial fee remains unpaid two business days after the pretrial conference and will receive a new trial date once paid.
If the trial fee is not paid within two business days of the ===== PAGE 4 ===== pretrial conference, the case will be removed from the Court’s trial calendar. A new trial date will be scheduled once the trial fee is paid.
Civil cases
Page 4 | 6. Pretrial Conference
Daubert motions must be filed no later than 20 days before the pretrial conference.
12. Daubert Motions. To be filed by no later than 20 days prior to the pretrial conference and Responses to same are due 7 days prior to the pretrial conference.
Civil cases
Page 5 | 12. Daubert Motions.
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 6 | 16. Deadlines.
Motions to add parties or amend pleadings must be filed no later than 90 days from the date of the scheduling order.
14. Filing of Motions to Add or Amend. To be filed by no later than 90 days from the date of this order.
Civil cases
Page 6 | 14. Filing of Motions to Add or Amend.
A response to a dispositive or Daubert motion is due 21 business days after the motion is filed.
Responses are due 21 business days after the motion is filed.
Page 1 | Motions & Briefing
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
For a settlement within 30 days of trial, settlement documentation must be submitted no later than 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
A routine motion 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) prior to the noticed date.
Page 1 | Motions & Briefing
Proposed jury instructions ordinarily must be filed seven days before trial begins.
Ordinarily, proposed jury instructions must be filed seven (7) days prior to the start of trial.
Page 1 | Pretrial Matters
Any response to such a motion filed earlier should be filed within 14 days of the Motion.
Any response to such a motion filed earlier should be filed within 14 days of the Motion.
Civil cases
Page 5 | 12. Daubert Motions.
An oral-argument time obtained before filing a dispositive or Daubert motion may be canceled if the motion is not filed within four days.
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
A reply brief may be filed within five days after the response to a dispositive or Daubert motion.
A reply brief may be filed within 5 days after the response.
Page 1 | Motions & Briefing
Unless the scheduling order provides otherwise, a motion in limine should be filed at least 21 days before the pretrial conference, allowing 14 days for response.
Absent a different schedule outlined in the case scheduling order, it is expected that the party will file its motion at least 21 days before the scheduled pretrial conference, leaving opposing counsel 14 days within which to respond.
Page 1 | Pretrial Matters
Settlement documentation ordinarily should be submitted within 45 days, or a status report should be filed if the documentation is not yet complete.
As a general rule, proper documentation should be submitted to the Court within forty-five (45) days of settlement, or Plaintiff's counsel should file a status report if documentation has not been finalized.
Page 1 | Trials
Counsel who seeks to exceed the page limit should file a letter, at least two business 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.
Counsel who seeks to exceed the page limit should file a letter, at least two business 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.
Page 1 | Motions & Briefing
Filing Fees and Waivers
The trial fee must be paid by check payable to the Prothonotary no later than the pretrial conference date.
The trial fee shall be paid no later than the date of the pretrial conference, with a check made payable to the Prothonotary.
Civil cases
Page 3 | 6. Pretrial Conference
Courtesy Copy Requirements
A case dispositive motion and response filed with the Prothonotary’s Office require one courtesy copy delivered to the judge.
The original motion and the response thereto are filed with the Prothonotary’s Office and one courtesy copy delivered to the Judge.
Civil cases
Page 2 | 4. Case Dispositive Motions
The motion and response must both be filed as courtesy copies in chambers.
A courtesy copy of both the motion and response must be filed in chambers.
Page 1 | Motions & Briefing
Two courtesy copies each of the dispositive motion, response, and reply must promptly be delivered to chambers.
Two courtesy copies of each must be delivered promptly to chambers.
Page 1 | Motions & Briefing
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 Jones' Administrative Specialist.
Page 1 | Motions & Briefing
Adjournment & Extension Requirements
Failure to meet the scheduling-order deadlines will likely 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 6 | 16. Deadlines.
Chambers Communication Rules
Case dispositive motions must be scheduled by obtaining a date and time from Judge Jones’ secretary at the listed phone number.
Case dispositive motions will be scheduled by obtaining a date and time from Judge Jones’ secretary, Jackie Barry. Jackie can be reached at (302) 255-0664.
Civil cases
Page 2 | 4. Case Dispositive Motions
Email may not be used when any case participant is self-represented.
The use of email is not permitted when the case includes a self-represented party.
Page 1 | Communications
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.
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.
Page 1 | Initial Stages
Plaintiff's counsel should immediately notify the judge's chambers by email when a pending case is resolved.
If a pending case is resolved, Plaintiff's counsel should notify Chambers immediately via email to Judge Jones' Administrative Specialist, Case Manager and Law Clerk.
Page 1 | Trials
A party may contact the Civil Case Manager about a missing scheduling order after 45 days have passed from the event that should have triggered it.
Contact should be made with the Civil Case Manager after 45 days have passed from the last event that should have triggered the order.
Page 1 | Initial Stages
Email should not be used with Judge Jones except when (a) Judge Jones has approved same or (b) exigent circumstances exist.
Email should not be used with Judge Jones except when (a) Judge Jones has approved same or (b) exigent circumstances exist.
Page 1 | Communications
A teleconference may be requested from the Administrative Specialist, and requesting counsel ordinarily must arrange to initiate the call.
A teleconference with the Court may be requested by calling Judge Jones' Administrative Specialist. Counsel requesting the teleconference will arrange to initiate the call otherwise plaintiff's counsel will be responsible.
Page 1 | Communications
A teleconference with the Court may be requested by calling Judge Jones' Administrative Specialist. Counsel requesting the teleconference ordinarily will arrange to initiate the call. Judge Jones will make every effort to be available by teleconference to resolve disputes that arise during depositions, or to address other matters requiring expedited consideration.
A teleconference with the Court may be requested by calling Judge Jones' Administrative Specialist. Counsel requesting the teleconference ordinarily will arrange to initiate the call. Judge Jones will make every effort to be available by teleconference to resolve disputes that arise during depositions, or to address other matters requiring expedited consideration.
Page 1 | Communications
Counsel should contact the Bailiff's Office several days before trial or hearing to request needed courtroom technology support.
Counsel desiring a courtroom with specific technology support should contact the Bailiff's Office at (302) 255-0888 several days before the trial or hearing.
Page 1 | Trials
Only Delaware counsel, excluding legal staff and pro hac vice counsel, may write directly to Judge Jones.
Only Delaware counsel, not legal staff or counsel admitted Pro Hac Vice, may write directly to Judge Jones.
Page 1 | Communications
* 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
Appellant's counsel should notify the Court in writing of an unusual delay in preparing the administrative appeal record.
If there is an unusual delay in the preparation of the record, counsel for appellant(s) should write to the Court to advise of the delay.
Page 1 | Initial Stages
Plaintiff's counsel should promptly notify the Civil Case Manager and Administrative Specialist of a mediation resolution by email or letter.
If mediation resolves the case, counsel for plaintiff(s) should promptly so notify the Civil Case Manager and the Administrative Specialist by email or letter.
Page 1 | Initial Stages
Counsel may request a scheduling teleconference or office conference by contacting the Administrative Specialist.
If counsel believes a teleconference or office conference with Judge Jones will be helpful in establishing a schedule, they may request a conference by contacting Judge Jones' Administrative Specialist.
Page 1 | Initial Stages
The email restriction does not preclude administrative emails, particularly those sent to staff.
However, this does not preclude administrative-type emails, particularly to staff.
Page 1 | Communications
After responsive pleadings are filed or appropriate default judgments are entered, the Administrative Specialist contacts counsel by email to select a trial date.
After all responsive pleading(s) are filed, or default judgments entered where appropriate, counsel will be contacted by the Judge's Administrative Specialist via email to select a trial date.
Page 1 | Initial Stages
Administrative emails are not docketed and ordinarily should be sent to staff rather than Judge Jones.
Administrative emails are not docketed. Administrative emails should only be sent to Judge Jones if not appropriate to send to staff.
Page 1 | Communications
Junior Lawyer Participation Incentives
Newer attorneys remain subject to the highest professional standards and must be adequately prepared, familiar with the record and law, and authorized to handle the proceeding.
All attorneys, including newer attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.
Page 2 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
The Court encourages newer attorneys to participate in proceedings, particularly by arguing motions they drafted or significantly helped brief.
Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned Judge encourages the participation of newer attorneys in proceedings in my courtroom-particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the briefing for the motion.
Page 1 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
A “newer attorney” is an attorney who has practiced for fewer than seven years.
The Court is cognizant of a growing trend in which fewer cases go to trial, and in which there are generally fewer opportunities in court for speaking or "stand- up" engagements. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years ("newer attorney(s)").
Page 1 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
After full briefing, a party may notify the Court through its oral-argument request or a later separate notice that a newer attorney intends to argue all or part of the motion.
After a motion is fully briefed, either as part of a Request for Oral Argument, or in a separate Notice filed thereafter, a party may alert the Court that, if argument is granted, it intends to have a newer attorney argue the motion (or a portion of the motion).
Page 1 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
A party’s decision not to have a newer attorney argue a motion will not cause the Court to draw any inference.
The Court also recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion. Thus, the Court emphasizes that it draws no inference from a party's decision not to have a newer attorney argue any particular motion before the Court.
Page 2 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
Grant the request for oral argument on the motion, if it is at all practicable to do so.
Grant the request for oral argument on the motion, if it is at all practicable to do so.
Page 2 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
When appropriate, the Court permits more experienced counsel of record to assist the newer attorney during oral argument.
Permit other more experienced counsel of record the ability to provide some assistance to the newer attorney who is arguing the motion, where appropriate during oral argument.
Page 2 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
The Court will not infer anything about a motion’s importance or the merits of an argument from whether a newer attorney argues it.
Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party's argument regarding the motion, from the party's decision to have (or not to have) a newer attorney argue the motion.
Page 2 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
The Court will strongly consider allowing additional oral-argument time when a newer attorney argues the motion.
Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion.
Page 2 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys
The judge encourages newer attorneys who substantially drafted or contributed to motions to argue them, particularly when the court grants oral argument.
Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, Judge Jones encourages the participation of newer attorneys (those attorneys relatively recently admitted to the Bar and who have less courtroom experience), particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the motion.
Page 1 | Motions & Briefing
When advised that a newer attorney will argue, the court will grant oral argument if practicable, strongly consider extra time, and permit experienced counsel to assist.
If such notice is provided, the Court will: (A) grant the request for oral argument on the motion, if it is at all practicable to do so. (B) strongly consider allocating time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion. (C) permit other more experienced counsel of record the ability to provide some assistance during oral argument to the newer attorney who is arguing the motion.
Page 1 | Motions & Briefing
No inference adverse to a party will be drawn from declining to have a newer attorney argue a motion.
Judge Jones recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion; thus, no inference will be drawn from a party's decision not to have a newer attorney argue any particular motion before the Court.
Page 1 | Motions & Briefing