Judge Kathleen M. Miller
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion, Daubert Motions
- 2 copies
Daubert Motions
Motion, Response
Motion, Response, Reply Brief
- 2 copies
Adjournments
- Failure to meet deadlines without good cause may result in denial of an extension request.
- A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.
- An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.
- +2 more
Request must include
Communication
Chambers
Phone
Chambers
Fax
Chambers
Page & Word Limits6 rules
The motion and response shall not exceed 10 pages, unless permission has previously been granted.
- Motion
- Up to 10 pages
- Response
- Up to 10 pages
- Daubert motions
Exception
More pages with leave of court
Replies shall not exceed 6 pages, unless permission has previously been granted.
- Page limit
- Up to 6 pages
Exception
More pages with leave of court
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
- Motion
- Up to 10 pages
- Response
- Up to 10 pages
- Page limit
- Up to 6 pages
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages,
- Motion
- Up to 10 pages
- Response
- Up to 10 pages
- Page limit
- Up to 6 pages
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
- Response
- Up to 10 pages
- Page limit
- Up to 6 pages
- Case dispositive motion
- Daubert motions
The motion and response shall not exceed 10 pages and the reply shall not exceed 6 pages.
- Motion
- Up to 10 pages
- Response
- Up to 10 pages
- Page limit
- Up to 6 pages
Document Format Requirements12 rules
Unless otherwise specified herein or in a separate order, 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), (h) and (j).
Chambers' copies of exhibits to briefs, motions, and letters must be individually tabbed.
All Delaware counsel and/or self-represented litigants must sign a stipulation and [proposed] order before it will be considered by the Court.
Briefs, exhibits, or appendices must be stapled or bound.
Exhibits must be pre-marked.
- Exhibits
Formatting
- •Pre-marked
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.
- File type
- Word
One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.
- File type
- Word
Formatting
- •Send copies to Stephanie.Jackson@delaware.gov.
Exhibits must be pre-marked.
Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.
Judge Miller strongly prefers bindings that will permit the brief to lay flat when opened.
Counsel are encouraged to use double-sided copying or printing for hard copied submitted to Chambers.
Document Filing Requirements26 rules
The filing also must be linked to the documents to which the proposed order refers or applies.
A disputed or alternative proposed jury instruction must state the basis for the objection, cite supporting legal authority, and include a proposed alternative when applicable.
- Document
- Proposed jury instructions
Must include
- •Legal argument
Court's wording
If any instruction, or portion thereof, is disputed, or if the parties are requesting alternate instructions, counsel shall include within the proposed instruction the basis for the objection with a citation to the legal authority in support of the objection and if applicable, the proposed alternative instruction.
Any letter to the Court requesting Court action (in instances where a motion is otherwise not appropriate) must state the position of all parties or represent that opposing counsel or self-represented party could not be reached.
The document title must state with particularity what motion the proposed order addresses (for example, 'Proposed Order Granting Plaintiff's Motion for Summary Judgment').
The motion, response, and reply shall include a notice of hearing, indicating the date and time for argument.
The proposed order must include a line for Judge Miller's signature.
- Document
- Proposed order
- Placement
- Signature block
A proposed order must be uploaded separately from other documents.
Jury instructions are to contain a table of contents.
- Document
- Proposed jury instructions
Include
- •Table of contents
All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.
Every motion, letter, or email to the Court or its staff must identify the case name, 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 the communicating counsel represents.
The proposed order must, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
The stipulation is to identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable.
Counsel must confer and attempt to agree upon jury instructions. Areas of disagreement must be noted within the specific proposed instruction with supporting authority and where needed, the proposed alternative instruction.
The proposed order must, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
- Document
- Pretrial order
Must include
- •Proposed order
The stipulation is to identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable.
Special Voir Dire – All proposed special voir dire questions must be included with the pretrial stipulation.
The motion and response must have a notice page indicating the date and time of the motion hearing.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
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.
Counsel should always identify any 'related' Superior Court cases on the Case Information Statement filed with the complaint or 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
Administrative emails may be docketed. Substantive emails are docketed and must copy all counsel and include the civil action number.
Counsel is expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations.
Requests for Court action should be submitted by motion, rather than by letter, with a Notice of Motion and Certificate of Service, as well as a proposed Form of Order.
- Document
- Motion
Should include
- •Certificate of service
The motion and response must have a notice page indicating the date and time of the motion hearing.
The motion and response shall not exceed 10 pages, the reply shall not exceed 6 pages, and each must have a notice page indicating the date and time of the motion hearing.
Special Voir Dire – All proposed special voir dire questions must be included with the pretrial stipulation.
Filing & Service rules
Filing Timing and Cure Windows
A response to a routine motion is due on the Friday before the noticed hearing.
Responses are due the Friday before the noticed hearing.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
Movant's counsel must contact Chambers within five days after filing a dispositive or Daubert motion to obtain a hearing date.
The movant's counsel must contact Chambers within 5 days of filing a dispositive or Daubert Motion to obtain a hearing date.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
A routine motion must be filed at least 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.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
Responses to motions in limine are due 10 working days after the motion is filed.
Responses are due 10 days (excluding holidays and weekends) after the motion is filed.
Civil cases
Page 3 | Motions in Limine
Routine civil motions must be filed at least 10 working days before the noticed hearing.
Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.
Civil cases
Page 3 | Routine Civil Motions
Responses to routine civil motions are due on the Friday before the hearing.
Responses are due the Friday before the hearing.
Civil cases
Page 3 | Routine Civil Motions
Responses to dispositive and Daubert motions are due 30 days after the motion is filed.
Responses are due 30 days after the motion is filed.
Civil cases
Page 3 | Dispositive and Daubert Motions
A reply to a motion in limine may be filed within five non-holiday, non-weekend days after the response.
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
Civil cases
Page 1 | Motions in Limine
Failure to meet the scheduling-order deadlines without good cause will likely lead the Court to deny an extension.
Failure to meet these deadlines, absent good cause shown, likely will result in the Court refusing to allow extensions regardless of the consequences.
Civil cases
Page 1 | CASE SCHEDULING ORDER
Plaintiff's counsel must send defendant's counsel a draft pretrial stipulation and order at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
Civil cases
Page 1 | Pretrial Stipulation
A response to a routine civil motion is due on the Friday before the hearing.
Responses are due the Friday before the hearing.
Civil cases
Page 1 | Routine Civil Motions
A reply to a dispositive or Daubert motion may be filed within seven non-holiday, non-weekend days after the response.
A reply may be filed within 7 days (excluding holidays and weekends) after the response.
Civil cases
Page 1 | Dispositive and Daubert Motions
Routine civil motions must be filed at least 10 non-holiday, non-weekend days before the noticed hearing.
Motions must be filed at least 10 days (excluding holidays and weekends) prior to the noticed hearing.
Civil cases
Page 1 | Routine Civil Motions
A response to a motion in limine is due within 10 non-holiday, non-weekend days after filing.
Responses are due 10 days (excluding holidays and weekends) after the motion is filed.
Civil cases
Page 1 | Motions in Limine
Defendant's counsel must provide comments and proposed order information within five days after receiving the draft pretrial stipulation.
Within 5 days from the date of receiving that draft, defendant’s counsel must 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 1 | Pretrial Stipulation
Any amendment or modification of a deadline in the scheduling order requires Court approval.
Any amendments or modifications to the deadlines established in this Order must be approved by the Court.
Civil cases
Page 1 | CASE SCHEDULING ORDER
An Interim Status Report is due no later than 14 days after the ADR has been conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Civil cases
Page 1 | Mandatory ADR
All deadlines in the Case Scheduling Order are firm deadlines.
Counsel are advised that all of the deadlines established by this Case Scheduling Order are firm deadlines.
Civil cases
Page 1 | CASE SCHEDULING ORDER
A response to a dispositive or Daubert motion is due 30 days after the motion is filed.
Responses are due 30 days after the motion is filed.
Civil cases
Page 1 | Dispositive and Daubert Motions
Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party's position.
Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party's position.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
An Interim Status Report is due no more than 14 days after ADR is conducted.
An Interim Status Report will be due no more than 14 days after ADR has been conducted.
Civil cases
Page 3 | CASE SCHEDULING ORDER
A reply to a dispositive or Daubert motion may be filed within seven working days after the response.
A reply may be filed within 7 days (excluding holidays and weekends) after the response.
Civil cases
Page 3 | Dispositive and Daubert Motions
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
A reply may be filed within 5 days (excluding holidays and weekends) after the response.
Civil cases
Page 3 | Motions in Limine
Service and Proof of Service Rules
Correspondence must be copied to opposing counsel or the opposing party.
All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.
Civil cases
Page 1 | Communications
Plaintiff’s counsel must forward the draft pretrial stipulation and order to defendant’s counsel at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
Civil cases
Page 4 | Pretrial Stipulation
Courtesy Copy Requirements
One courtesy copy each of a dispositive or Daubert motion, response, and reply must be promptly delivered to Chambers.
One courtesy copy of the motion, response, and reply must be promptly delivered to Chambers.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
One courtesy copy of both a routine motion and its response must be filed in Chambers.
A courtesy copy of both the motion and response must be filed in Chambers.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
The parties must promptly deliver Chambers a courtesy copy of the motion and response.
A courtesy copy of the motion and response must be promptly delivered to Chambers.
Civil cases
Page 3 | Routine Civil Motions
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.
Civil cases
Page 3 | Dispositive and Daubert Motions
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.
Civil cases
Page 1 | Dispositive and Daubert Motions
The parties must promptly deliver a courtesy copy of the motion and response to Chambers.
A courtesy copy of the motion and response must be promptly delivered to Chambers.
Civil cases
Page 1 | Routine Civil Motions
Adjournment & Extension Requirements
An amendment to the Case Scheduling Order must use the Stipulated Amended Case Scheduling Order form and state the current and proposed deadline for each event.
Parties must use the Stipulated Amended Case Scheduling Order form for any stipulations/proposed orders to amend the Case Scheduling Order, including the current deadline for each event and the proposed deadline for each event, whether or not the proposed order anticipates amendment of each date.
Civil cases
Page 1 | Initial Stages — Trial Scheduling Orders
A motion requesting continuation of a trial date must be scheduled as a routine motion.
A motion to continue a trial date shall be scheduled as a routine motion.
Civil cases
Page 1 | Motions & Briefing — Routine Motions
A request to amend a scheduling or management order must be made by motion, or by joint stipulation when the proposed amendments do not affect dates requiring Court action.
Requests for amendment of scheduling and management orders must be made: (1) by motion; or (2) by joint stipulation to be considered by the Court, if the proposed amendments do not affect any dates requiring Court action (such as hearings on dispositive motions, pretrial conferences, or trial dates).
Civil cases
Page 1 | Initial Stages — Trial Scheduling Orders
An amendment to the Case Scheduling Order requires a Court order entered on an appropriate motion or party stipulation.
Amendments to this Case Order must be by Order of the Court on appropriate motion or stipulation of the parties.
Civil cases
Page 1 | CASE SCHEDULING ORDER
Failure to meet deadlines without good cause may result in denial of an extension request.
Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions.
Civil cases
Page 1 | Initial Stages — Trial Scheduling Orders
Chambers Communication Rules
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.
Civil cases
Page 1 | Communications
Counsel should seek possible oral-argument dates and times by email to Judge Miller's Administrative Specialist.
Counsel should obtain possible dates and times for oral argument through Judge Miller's Administrative Specialist at Stephanie.Jackson@Delaware.gov.
Civil cases
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Emails should not be directed to Judge Miller except (a) with Judge Miller's prior approval or (b) when exigent circumstances exist.
Emails should not be directed to Judge Miller except (a) with Judge Miller's prior approval or (b) when exigent circumstances exist.
Civil cases
Page 1 | Communications
Counsel requesting a Court teleconference is expected to initiate the call.
Counsel requesting a teleconference will be expected to initiate the call.
Civil cases
Page 1 | Communications
Parties should contact Chambers by email to obtain a hearing date for a dispositive or Daubert motion.
The parties should contact Chambers via email to obtain a hearing date.
Civil cases
Page 1 | Dispositive and Daubert Motions
Questions from lawyers, paralegals, and other legal staff concerning Judge Miller's preferences should be directed to Stephanie Jackson.
Comments or questions from lawyers, paralegals and other legal staff about Judge Miller's preferences are welcome and should be directed to Stephanie Jackson.
Civil cases
Page 1 | Communications
Counsel may request an office conference by email to Judge Miller's Administrative Specialist.
Counsel may request an office conference through Judge Miller's Administrative Specialist at stephanie.jackson@delaware.gov.
Civil cases
Page 1 | Initial Stages — Initial Scheduling
A Court teleconference may be requested by telephone or email to Judge Miller's Administrative Specialist.
A teleconference with the Court may be requested by contacting Judge Miller's Administrative Specialist, Stephanie Jackson at 302-255-0669 or Stephanie.Jackson@Delaware.gov.
Civil cases
Page 1 | Communications
Parties should contact Chambers by email to obtain a hearing date for dispositive or Daubert motions.
The parties should contact Chambers via email to obtain a hearing date.
Civil cases
Page 3 | Dispositive and Daubert Motions