Judge Kathleen M. Vavala
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion, Daubert Motions
- 2 copies • Upon Filing
Motion
- 2 copies • Chambers Drop Off • Upon Filing
Motion, Response
- 2 copies • Upon Filing
Courtesy copies
Court-wide- 3 copies
Communication
Chambers
Clerk
Phone
Chambers
Phone
Phone
Phone
Phone
Clerk
Page & Word Limits7 rules
All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.
- Response
- Up to 6 pages
- Motion
Exception
More pages with leave of court
Motions and responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
Exception
More pages with leave of court
The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.
- Motion
- Up to 4 pages
- Response
- Up to 4 pages
All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
- Motion in limine
Exception
More pages with leave of court
The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.
- Motion
- Up to 4 pages
- Response
- Up to 4 pages
Motions and Responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
- Case dispositive motion
- Daubert motions
Exception
More pages with leave of court
Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.
Document Format Requirements7 rules
Counsel shall provide to the Court one hard copy of the agreed upon set of instructions AND a Microsoft Word (.docx) to Angela.James@delaware.gov by the deadline indicated.
- File type
- Word
Briefs, exhibits, or appendices must be stapled or bound. Judge Vavala strongly prefers bindings that will permit the brief to lay flat when opened.
- Binding
- Securely bound
- Brief
- Exhibits
- Appendices
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).
- Motion
- Brief
Formatting
- •Motions must be formatted under Superior Court Civil Rule 78(b)
Chambers' copies of exhibits to briefs, motions, and letters must be individually tabbed.
The Court strongly discourages any requests submitted in the form of letters or emails.
All trial exhibits should be in a three-ring binder with a table of contents or an exhibit list.
- Binding
- Three-ring binder
- Exhibits
The trial exhibits can be in separate binders for each party or a joint binder.
- Binding
- Binder
- Exhibits
Formatting
- •Separate binders for each party or a joint binder may be used
Document Filing Requirements33 rules
An interim status report is to be filed by Plaintiff’s counsel no more than 14 days after the ADR has been conducted, with a copy to Judge’s Chambers.
The parties must also file a stipulation of dismissal with the Prothonotary within 60 days of the Court being notified of the settlement.
The original motion and any response thereto shall be filed with the Prothonotary’s Office with a notice page indicating the argument or hearing date and time.
The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.
The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").
While formal correspondence with the Court may be appropriate for some minor requests, a motion must be filed if any significant court action is requested.
All Delaware counsel and/or self-represented litigants must sign the stipulation and [proposed] order before it will be considered by the Court.
A proposed order must be uploaded separately from other documents and must include a line for Judge Vavala signature.
An appeal will not be processed until the appropriate fees are paid or waived by the Court and the transcript is received from the administrative body or court below.
Jury instructions are to contain a table of contents.
- Document
- Proposed jury instructions
Include
- •Table of contents
The Certificate of Service must include all opposing names of all counsel of record and/or any pro se litigant(s).
- Document
- Certificate of service
- Placement
- Certificate section
All motions must be signed by an attorney in the law firm of the Delaware attorney of record. The signature block must include the law firm's name, attorney(s) email address(es) and telephone number.
- Document
- Motion
- Placement
- Signature block
The filing also must be linked to the documents to which the proposed order refers or applies
Requests for Court action should be submitted in the form of a motion and include: a Notice of Motion, Motion, Certificate of Service, and proposed Form of Order.
- Document
- Motion
Should include
- •Certificate of service
Please indicate on the Notice of Motion whether the hearing will be scheduled via Courtscribes or as in-person hearing via a Courtroom.
A disputed or alternative proposed jury instruction must explain the objection with supporting legal authority and include the proposed alternative when applicable.
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.
Trial counsel, including pro hac vice counsel, and pro se litigants must attend the Pretrial Conference.
All requests for court action must state the position of all parties or represent that opposing counsel or self-represented party could not be reached. FAILURE to state opposing party's position will be rejected by the Court.
All correspondence with the Court or its staff must identify the case, case number, and represented party.
- Document
- Court correspondence
Must include
- •Case number
Court's wording
All correspondence addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil or criminal case number, and the name of the party the communicating counsel represents.
Motions and Responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.
- Document
- Case dispositive motion
Must include
- •Include all supporting authority
The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.
The parties should notify the Court in writing of the date the ADR is scheduled.
All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority.
Motions and responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority.
indicate whether any motions in limine have been filed and the evidentiary issue sought to be resolved; and
identify all potential trial exhibits by Bates Number or some other specific description so that the exhibits are readily identifiable;
All trial exhibits should be in a three-ring binder with a table of contents or an exhibit list.
- Document
- Exhibits
Should include
- •Exhibit list
- •Table of contents
Exhibits must be pre-marked.
include any special voir dire questions any party proposes to ask of the jury panel.
cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of the Superior Court Civil Rules;
All motions and responses should be accompanied by a proposed form of order.
If the Stipulation is fully effectuated and does not need the judge's signature to be implemented, the document type should be "Stipulation" - this document type does not put the document into judicial review.
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.
Filing & Service rules
Filing Timing and Cure Windows
The stipulation of dismissal must be filed within 60 days after the court is notified of settlement.
The parties must also file a stipulation of dismissal with the Prothonotary within 60 days of the Court being notified of the settlement.
Page 2 | SETTLEMENT NEGOTIATIONS
The interim status report must be filed no more than 14 days after the ADR is conducted.
An interim status report is to be filed by Plaintiff’s counsel no more than 14 days after the ADR has been conducted, with a copy to Judge’s Chambers.
Page 2 | INTERIM STATUS REPORT
All motions in limine and motions to exclude testimony must be filed by the indicated deadline.
All motions in limine (or any motion to exclude all or part of a witness’s testimony) shall be filed no later than the deadline indicated.
Page 3 | Motions in Limine (other than Daubert Motions)
A routine-motion response is due by whichever is earlier, seven business days after filing or noon on the Friday before the motion date.
Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier.
Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.
Unless a case-specific order states otherwise, a response to a motion in limine is due within seven business days.
Unless a specific order entered in this case provides otherwise, a response is due no later than seven business days after the filing of the motion in limine.
Page 3 | Motions in Limine (other than Daubert Motions)
Routine civil motions must be filed ten business days before the noticed hearing.
Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.
Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.
A response to a motion is due within 14 business days after the motion is filed.
Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion.
Page 3 | MOTIONS
The completed pretrial stipulation must be received by the court by the indicated deadline.
The completed pretrial stipulation must be received by the Court on or before the deadline indicated.
Page 4 | PRETRIAL STIPULATION
A routine-motion response is due at the earlier of seven days after filing, excluding weekends and holidays, or noon on the Friday before the motion date.
Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier, unless otherwise ordered.
Page 1 | Motions & Briefing
A response to a case-dispositive or Daubert motion is due within 14 business days after filing unless the Court orders otherwise.
Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion unless otherwise ordered.
Page 1 | Motions & Briefing
Case-dispositive and Daubert motions must be filed by their CSO deadlines unless exceptional circumstances justify a late filing.
All case dispositive and Daubert motions shall be filed no later than the deadlines indicated on the CSO. The Court will not consider motions filed after those dates absent exceptional circumstances.
Page 1 | Motions & Briefing
A routine motion must be filed ten days before the noticed hearing, excluding weekends and holidays.
Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.
Page 1 | Motions & Briefing
Civil cases involving represented parties should contact Courtscribes to set up the hearing and send a courtesy link to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimeniz at Daviana.Jimenez@delaware.gov within 5 days of the hearing.
Civil cases involving represented parties should contact Courtscribes to set up the hearing and send a courtesy link to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimeniz at Daviana.Jimenez@delaware.gov within 5 days of the hearing.
Page 1 | Motions & Briefing
The Courtscribes courtesy link must be sent to Chambers and the Civil Case Manager no later than five days before the hearing.
A courtesy link shall be sent to Chambers and to Judge Vavala's Civil Case Manager, Daviana Jimenez at Daviana.Jimenez@delaware.gov. no later than 5 days before the hearing.
Page 1 | Communications with the Court
A motion in limine or related motion must be filed by the CSO deadline or 45 days before the pretrial conference.
Motions in Limine (or any motion to exclude all or part of a document, recording, witness's testimony, etc.) must be filed no later than the CSO deadline or 45 days before the Pretrial Conference.
Page 1 | Motions & Briefing
Motion-in-limine and related exclusion motions must be filed by the CSO deadline unless exceptional circumstances justify lateness.
All motions in Limine (or any motion to exclude all or part of a witness's testimony) shall be filed no later than the deadline indicated on the CSO. The Court will not consider motions filed after that date absent exceptional circumstances.
Page 1 | Motions & Briefing
Absent a specific order, the response to a motion in limine is due within seven business days.
Unless a specific order provides otherwise, a response is due no later than seven business days after the filing of the motion in limine.
Page 1 | Motions & Briefing
All discovery must be initiated so that it is completed no later than the applicable deadlines.
All discovery shall be initiated such that it will be completed no later than the deadlines.
Page 2 | DISCOVERY
Failure to respond timely may cause the motion to be deemed unopposed.
Failure to file a timely response may result in the Court deeming the motion as unopposed.
Page 3 | MOTIONS
The court will not consider a motion in limine filed after the deadline unless exceptional circumstances exist.
The Court will not consider motions filed after that date absent exceptional circumstances.
Page 3 | Motions in Limine (other than Daubert Motions)
Defendant’s counsel must provide comments and proposed information within five days after receiving the draft pretrial stipulation.
Within five 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.
Page 4 | PRETRIAL STIPULATION
If no timely response is filed, the court may deem the motion unopposed and grant it before the hearing, with notice to the parties.
If no response is filed within the deadline, the Court may deem the motion unopposed, grant the motion before the hearing date, and will so notify the parties.
Page 4 | Routine Civil Motions, including Motions to Continue Trial Dates.
Failure to comply with the order’s deadlines may result in waiver of objections or sanctions against the responsible parties.
Failure to comply with deadlines established in this order may result in the Court considering objections waived by the non-complying party and/or the imposition of appropriate sanctions upon the responsible party or parties.
Page 4 | PRETRIAL STIPULATION
Plaintiff’s counsel must send Defendant’s counsel a draft pretrial stipulation at least 15 days before the pretrial conference.
At least 15 days before the Pretrial Conference, Plaintiff’s counsel shall forward to Defendant’s counsel a draft of the pretrial stipulation with the information Plaintiff proposes to include.
Page 4 | PRETRIAL STIPULATION
Service and Proof of Service Rules
All correspondence with the Court must copy every Delaware attorney of record.
All correspondence must also copy all Delaware counsel of record.
Page 1 | Communications with the Court
Demonstratives responding to first-time trial testimony must be provided to the opposing party as early as possible.
Demonstratives to be used during trial in response to testimony that was given for the first time at trial, must be provided to the opposing party at the earliest possible time.
Page 1 | Pretrial
Counsel must provide planned demonstrative evidence to the opposing party three business days before trial.
Counsel intending to use demonstrative evidence must provide the opposing party with same 3 business days before trial.
Page 1 | Pretrial
Filing Fees and Waivers
The trial fee is due by the Pretrial Conference; if unpaid within two business days after the conference, the case may be removed from the trial calendar until payment.
The trial fee shall be paid no later than the Pretrial Conference. If the trial fee is not paid within two business days of the Pretrial Conference, the case will be removed from the Court’s trial calendar. A new date will be scheduled upon payment of the fee.
Page 5 | PRETRIAL CONFERENCE
An administrative appeal will not proceed until the proper fee is paid or waived and the lower tribunal's transcript is received.
An appeal will not be processed until the appropriate fees are paid or waived by the Court and the transcript is received from the administrative body or court below.
Page 1 | Initial Stages a Civil Case
Counsel must arrange and pay for a court-certified interpreter for all required court appearances.
Counsel is responsible for paying for and coordinating the appearance of a court-certified interpreter for all court appearances.
Page 1 | Pretrial
Courtesy Copy Requirements
Two courtesy copies, including exhibits, must be delivered to Judge Vavala’s chambers when a motion or response is filed.
Two courtesy copies (with exhibits) of motions and responses must also be delivered to Judge Vavala in Chambers at the time of filing.
Page 3 | MOTIONS
For case-dispositive and Daubert matters, two courtesy copies of the motion or response and exhibits must be delivered to Chambers when filed.
Two courtesy copies (with exhibits) of motions and responses must also be delivered to Judge Vavala's Chambers at the time of filing.
Page 1 | Motions & Briefing
Two contemporaneous hard-copy courtesy copies of each motion should be delivered to Judge Vavala's Chambers when the motion is filed with the New Castle Prothonotary.
Motions must be filed with the New Castle Prothonotary's Office and two (2) hard copy courtesy copies should contemporaneously be provided to Judge Vavala's Chambers.
Page 1 | Motions & Briefing
Pre-Motion Conference Requirements
A motion in limine must be filed at least 45 days before the pretrial conference and noticed for presentation there.
Motions in limine must be filed at least 45 days before the Pretrial Conference, shall be noticed for presentation at the Pretrial Conference, and will be resolved (if appropriate) at that time.
Page 3 | Motions in Limine (other than Daubert Motions)
Further briefing and hearings on motions will occur only as ordered by the court.
Further briefing and or hearings will be as ordered by the Court.
Page 3 | MOTIONS
Replies and surreplies are not permitted without prior court permission.
No replies or surreplies are permitted, without prior permission by the Court.
Page 3 | MOTIONS
No reply is permitted; the Court will order any further briefing on the motion.
No Reply is permitted. Further briefing on the motion will be as ordered by the Court.
Page 4 | Routine Civil Motions, including Motions to Continue Trial Dates.
Judge Vavala’s routine motion calendar is held on Thursday at 9:00 a.m.
Judge Vavala’s weekly routine motion calendar is on Thursday at 9:00 a.m.
Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.
Adjournment & Extension Requirements
Any amendment or modification to the scheduled event deadlines requires court approval.
Any amendments or modifications to the event deadlines established in this Order will require Court approval.
Page 1 | CASE SCHEDULING ORDER
The court will not consider an extension request submitted after the applicable deadline.
The Court will not consider a request for an extension submitted after the deadline expires.
Page 2 | DISCOVERY
Unjustified failure to meet CSO deadlines may result in denial of an extension.
Failure to meet deadlines in the CSO, without good cause, may result in the Court's refusal to allow extensions.
Page 1 | Case Scheduling Orders ("CSOs")
Chambers Communication Rules
Plaintiff’s counsel must immediately notify chambers by email when the case settles.
If the case settles, Plaintiff’s counsel shall notify chambers immediately by email to Angela.James@delaware.gov.
Page 2 | SETTLEMENT NEGOTIATIONS
A party seeking argument or a hearing on the motion must contact Angela James at Angela.James@delaware.gov or 302-255-0668 to obtain a date and time.
If either party desires argument or a hearing on the motion, the party must contact Angela James Angela.James@delaware.gov or 302-255-0668 to obtain a date and time for same.
Page 1 | Motions & Briefing
Counsel must contact Judge Vavala's Civil Case Manager to schedule a routine motion hearing.
Please contact Judge Vavala's Civil Case Manager Daviana.Jimenez@delaware.gov to schedule a motion hearing date.
Page 1 | Motions & Briefing
Emails to the Court must copy all Delaware counsel of record and Judge Vavala's Judicial Assistant.
Email messages must be copied to all Delaware counsel of record and Judge Vavala's Judicial Assistant, Angela James, at Angela.James@delaware.gov.
Page 1 | Communications with the Court
After a hearing date is established, counsel must contact Courtscribes to arrange the teleconference or videoconference.
Once a hearing date has been established, Counsel must take the lead to set up the conference by contacting Courtscribes at: scheduling.courtscribes.com.
Page 1 | Communications with the Court
A party seeking argument or a hearing on a dispositive or Daubert motion must contact Judge Vavala’s Chambers by email to obtain the date and time.
If either party desires argument or a hearing on the motion, the party must contact Angela.James@delaware.gov in Judge Vavala’s Chambers to obtain a date and time for same.
Page 2 | MOTIONS
Administrative email may be sent to Court staff when counsel represents all parties and copies them, but direct email to Judge Vavala should be used only when staff communication is inappropriate.
Administrative email messages may be sent to Court staff if all parties are represented by counsel and are copied on the email. Administrative email messages should not be sent to Judge Vavala directly unless they are not appropriate to send to Court staff. Administrative emails may be docketed.
Page 1 | Communications with the Court
Substantive email may be sent directly to Judge Vavala only with advance approval or when exigent circumstances require it.
Substantive email messages may be directed to Judge Vavala: (a) with her advance approval or (b) where exigent circumstances so require.
Page 1 | Communications with the Court
Email to Judge Vavala or her staff after court hours or over weekends is generally inappropriate.
Emails sent after court hours and over weekends to Judge Vavala or her staff are generally not appropriate.
Page 1 | Communications with the Court
The requesting counsel must initiate a teleconference, and plaintiffs must initiate it when the conference is jointly requested.
Counsel requesting a teleconference will be expected to initiate the call. If the conference is jointly requested, plaintiff(s) are directed to initiate the call.
Page 1 | Communications with the Court
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 realize that the Case Information Statement 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.
Page 1 | Initial Stages a Civil Case
Only Delaware counsel, excluding legal staff and pro hac vice counsel, may communicate directly with Judge Vavala.
Only Delaware counsel, not legal staff or counsel admitted pro hac vice, may write directly to Judge Vavala.
Page 1 | Communications with the Court
A fax to Chambers or the Prothonotary must be announced in advance or promptly afterward by phone or email to the Administrative Specialist or Civil Case Manager.
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 with the Court
Counsel seeking particular courtroom technology should contact the Court Security Officers' Office at least one week before the trial or hearing.
Counsel desiring a courtroom with specific technology support should contact the Court Security Officers' Office at (302) 255-0888 at least a week before the trial or hearing.
Page 1 | Pretrial
Pro hac vice counsel may be permitted to participate in the pretrial conference by phone for good cause, such as distance or case nature, if the Court gives prior permission.
For good cause, such as distance and/or the nature of the case, pro hac vice counsel may be permitted to participate by phone, with prior permission from the Court.
Page 1 | Pretrial
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 problem.
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 problem.
Page 1 | Initial Stages a Civil Case
Trial-related substantive emails should be sent to the Judicial Assistant and appropriate case manager with a copy to Judge Vavala, and all substantive emails are docketed.
But to the extent such emails pertain to a case in trial (or immediately pending trial), such emails should be directed to Judge Vavala's Judicial Assistant at Angela.James@delaware.gov, and the appropriate civil or criminal judicial case manager, with a copy to Judge Vavala. All substantive emails are docketed.
Page 1 | Communications with the Court
Counsel requiring an interpreter must contact the Court Interpreter Coordinator at the listed number.
Counsel requiring use of an interpreter shall contact the Court Interpreter Coordinator at (302) 255-0166.
Page 1 | Pretrial
A self-represented party may not use email to communicate with the Court absent Judge Vavala's prior authorization.
Email is not appropriate when a party is self-represented unless previously authorized by Judge Vavala.
Page 1 | Communications with the Court
Teleconferences and videoconferences are generally appropriate for routine proceedings, require Court permission for some dispositive matters, and are generally inappropriate for criminal and pro se cases.
Teleconferences or videoconferences are appropriate for most status conferences, pretrial conferences, routine motions, and some miscellaneous matters before the Court. They may also be appropriate for some dispositive motions or hearings, but only with the Court's permission. They are generally not appropriate for cases involving pro se litigants or criminal cases.
Page 1 | Communications with the Court
Judge Vavala’s Civil Case Manager may be contacted by email at Daviana.Jimenez@delaware.gov to schedule routine motions.
Please contact Judge Vavala’s Civil Case Manager to schedule: Daviana.Jimenez@delaware.gov.
Page 3 | Routine Civil Motions, including Motions to Continue Trial Dates.
Counsel shall collaborate with Judge Vavala’s Civil Case Manager, Daviana.Jimenez@delaware.gov to discuss formatting of the evidence.
Counsel shall collaborate with Judge Vavala’s Civil Case Manager, Daviana.Jimenez@delaware.gov to discuss formatting of the evidence.
Page 4 | EXHIBITS
Scheduling and hearing requests should be submitted to Judge Vavala's Judicial Assistant by email or phone.
To set up a case scheduling conference, status conference, pretrial conference, dispositive motion argument, or miscellaneous hearing, please contact Judge Vavala's Judicial Assistant, Angela James at Angela.James@delaware.gov or 302-255-0668.
Page 1 | Communications with the Court
Questions and comments from lawyers, paralegals, and other legal staff about Judge Vavala's preferences should be directed to her Judicial Assistant.
Comments or questions from lawyers, paralegals, and other legal staff about Judge Vavala's preferences are welcome and should be directed to Judge Vavala's Judicial Assistant.
Page 1 | Communications with the Court