Judge Monica A. Horton
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Exhibits, Appendices
Binding: Securely Bound
Chambers Copy
Chambers Copy, Brief
Motion, Supported Submission
- 2 copies • Mail
- 2 copies • Upon Filing
Adjournments
- Counsel who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.
- A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the additional pages sought and opposing counsel's position.
Communication
Phone
Chambers
Chambers
Page & Word Limits3 rules
The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit.
- Motion in limine
- Up to 4,000 words
- Response
- Up to 4,000 words
Exception
More words with leave of court
Dispositive and Daubert motions and responses are limited to 8,000 words, with replies limited to 5,500 words.
- Motion
- Up to 8,000 words
- Response
- Up to 8,000 words
- Reply brief
- Up to 5,500 words
- Dispositive motions
- Daubert motions
Court's wording
All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h). The motion and response shall not exceed 8,000 words. The reply shall not exceed 5,500 words.
The motion and the response shall not exceed six pages unless the party first obtains permission to exceed the page limit.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
- Routine motions
Exception
More pages with leave of court
Document Format Requirements3 rules
All briefs and motions must have numbered pages, no less than one-inch margins, and be written in Times New Roman 14 pt. type and double-spaced. All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h).
- Font
- Times New Roman
- Font size
- 14 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Brief
- Motion
Formatting
- •Pages must be numbered
Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, shall be submitted in Word to Judge Horton's Administrative Specialist.
- File type
- Word
- Jury instructions
- Voir dire questions
A proposed order must be uploaded as a supporting document to the documents to which the proposed order refers or applies from any other documents and filed in editable Word format.
- File type
- Word
- Proposed order
Document Filing Requirements11 rules
A proposed order must contain a signature line for Judge Horton and a title specifically identifying the motion addressed.
Court's wording
The proposed order must include a line for Judge Horton's signature. The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").
A proposed order must be uploaded as a supporting document to the documents to which the proposed order refers or applies from any other documents and filed in editable Word format.
The signature block must state the document's word count using the phrase "Words:" and thereby certify compliance with the applicable word limit.
- Document
- Motion in limine response
- Placement
- Signature block
Must include
- •Word count
Court's wording
Motions and responses must include in the signature block the phrase "Words:", followed by the number of words in the document. Use of that phrase constitutes a certification by the signatory of the document, whether counsel or unrepresented party, that the document complies with the word limit.
Jury instructions shall be submitted with a table of contents.
- Document
- Jury instructions
Must include
- •Table of contents
Any particularly significant evidentiary issue, other than Daubert motions, shall be raised by a motion in limine.
All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.
Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations. 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 with the answer so that the new case is assigned to the same judge.
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.
A motion in limine concerning a significant pretrial issue must be noticed for the Pretrial Conference date in the Trial Scheduling Order.
Court's wording
If the issue is particularly significant and should be resolved at the Pretrial Conference, a motion in limine should be filed. The motion shall be noticed for the Pretrial Conference date provided within the Trial Scheduling Order.
Requests for Court action should be submitted by motion with a Notice of Motion, Certificate of Service, and proposed Form of Order.
- Document
- Motion
Include
- •Certificate of service
Court's wording
Whenever possible, Judge Horton prefers requests for Court action to be submitted by motion, rather than by letter, with a Notice of Motion, Certificate of Service, and proposed Form of Order so the Court can rule electronically.
Filing & Service rules
Filing Timing and Cure Windows
As a rule, proper documentation should be submitted to the Court within sixty days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
As a rule, proper documentation should be submitted to the Court within sixty days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized.
Page 1 | SETTLEMENTS
A motion in limine response with supporting authority is due within seven business days unless a court order states otherwise.
Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed. Failure to file a timely Response may result in the Court deeming the motion unopposed.
Page 1 | MOTIONS IN LIMINE
Routine motions must be filed at least 15 calendar days before the noticed date.
Contrary to Paragraph IV of the NCC Superior Court Civil Case Management Plan, in Judge Horton's cases: (1) routine motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 5 calendar days prior to the presentation date.
Page 1 | ROUTINE MOTIONS
For settlements within 60 days of trial, settlement documentation is due no later than the pretrial stipulation deadline.
If, however, a case resolves less than sixty days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation.
Page 1 | SETTLEMENTS
Courtesy Copy Requirements
Parties must mail or hand deliver two physical courtesy copies to Judge Horton's chambers.
Two physical courtesy copies must be mailed or hand delivered to Judge Horton's chambers.
Page 1 | COURTESY COPIES
Courtesy copies of briefs, exhibits, and appendices must be stapled or bound and tabbed individually.
Courtesy copies of briefs, exhibits, or appendices must be stapled or bound and tabbed individually.
Judge Horton prefers electronic two (2) physical courtesy copies. Courtesy copies of all motions and supported submissions must be sent to Chambers via email to Judge Horton's Administrative Specialist and Law Clerks, with a copy to all Delaware counsel of record. Two physical courtesy copies must be mailed or hand delivered to Judge Horton's chambers. Courtesy copies should not be sent until the filing is accepted by the Prothonotary. The first page of the courtesy copies should have the File & Serve time stamp printed on it.
Judge Horton prefers electronic two (2) physical courtesy copies. Courtesy copies of all motions and supported submissions must be sent to Chambers via email to Judge Horton's Administrative Specialist and Law Clerks, with a copy to all Delaware counsel of record. Two physical courtesy copies must be mailed or hand delivered to Judge Horton's chambers. Courtesy copies should not be sent until the filing is accepted by the Prothonotary. The first page of the courtesy copies should have the File & Serve time stamp printed on it.
Courtesy copies should use spiral binding or another flat-opening binding, and a bound copy over three inches thick should be split into two volumes.
Judge Horton strongly prefers spiral binding or other bindings that allow the brief to lay flat when opened. Please give thought to the size of your courtesy copies; if the bound copy would be more than 3 inches thick, consider separating the copy into two volumes.
Page 1 | COURTESY COPIES
Counsel is encouraged to use double-sided copying or printing for Chambers copies.
Counsel is encouraged to use double-sided copying or printing for copies submitted to Chambers.
Page 1 | COURTESY COPIES
Pre-Motion Conference Requirements
Dispositive and Daubert motions shall be noticed at the convenience of the Court. Unless a specific order entered in the case provides otherwise, Counsel should submit a stipulated briefing schedule. After all papers have been submitted, Counsel must obtain possible dates and times for oral argument through Judge Horton's Administrative Specialist.
Dispositive and Daubert motions shall be noticed at the convenience of the Court. Unless a specific order entered in the case provides otherwise, Counsel should submit a stipulated briefing schedule. After all papers have been submitted, Counsel must obtain possible dates and times for oral argument through Judge Horton's Administrative Specialist.
Page 1 | DISPOSITIVE MOTIONS AND DAUBERT MOTIONS
Adjournment & Extension Requirements
Counsel who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.
Counsel who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.
Page 1 | DISPOSITIVE MOTIONS AND DAUBERT MOTIONS
A request to exceed the routine-motion page limit must be filed at least two days before the filing deadline and state the additional pages sought and opposing counsel's position.
Parties who seek to exceed the page limit should file a letter, at least two days before the deadline for the filing, requesting permission to exceed the page limit, specifying the number of additional pages sought, and indicating opposing counsel's position on the request.
Page 1 | ROUTINE MOTIONS
Chambers Communication Rules
Only Delaware counsel may write directly to Judge Horton; correspondence must be signed by Delaware counsel and copied to opposing counsel.
Only Delaware counsel, not legal staff or counsel admitted pro hac vice, may write directly to Judge Horton. All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and must be copied to opposing counsel.
Page 1 | GENERAL COMMUNICATION PREFERENCES
All communications to the Court must identify the case, civil action number, and represented party.
All communications addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil action number, and the name of the party whom communicating counsel represents.
Page 1 | GENERAL COMMUNICATION PREFERENCES
Only counsel may write directly to Judge Horton, and correspondence must be signed by an attorney in the attorney of record's law firm.
Only counsel, not legal staff, may write directly to Judge Horton. All correspondence must be signed by an attorney in the law firm of the attorney of record.
Page 1 | GENERAL COMMUNICATION PREFERENCES
Substantive email to Judge Horton requires advance approval or exigent circumstances and must be copied to all Delaware counsel and chambers personnel.
Subject to the foregoing restriction on emails in cases regarding self-represented litigants, substantive email messages may be directed to Judge Horton either (a) with Judge Horton's advance approval; or (b) where exigent circumstances so require. Under these circumstances, email messages must be copied to all Delaware counsel of record, Judge Horton's Administrative Specialist, and Judge Horton's Law Clerks.
Page 1 | EMAIL-SPECIFIC PREFERENCES
Docketed emails must include the civil action number, and email use is prohibited in cases involving a self-represented party absent the judge's permission.
All substantive and some administrative emails are docketed and always must include the civil action number. The use of email is not permitted when the case includes a self-represented party, unless previously permitted by Judge Horton.
Page 1 | EMAIL-SPECIFIC PREFERENCES
A request for Court action by letter must state all parties' positions or explain that the opposing party could not be reached.
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.
Page 1 | GENERAL COMMUNICATION PREFERENCES
Administrative email messages should not be sent to Judge Horton unless they are not appropriate to send to Court staff. Administrative emails 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 Horton unless they are not appropriate to send to Court staff. Administrative emails may be sent to Court staff if all parties are represented by counsel and are copied on the email.
Page 1 | EMAIL-SPECIFIC PREFERENCES
Counsel should alert Chambers in advance when disputes or expedited matters are anticipated.
Judge Horton makes every effort to be available by teleconference to resolve disputes that arise, or to address other matters requiring expedited consideration. If counsel anticipates that issues are likely to arise, it is helpful to alert chambers in advance.
Page 1 | GENERAL COMMUNICATION PREFERENCES
Plaintiff's counsel should immediately notify chambers personnel by email when the case is resolved.
If a pending case is resolved, plaintiff's counsel should notify Chambers immediately via email to Judge Horton's Administrative Specialist, Case Manager, and Law Clerk.
Page 1 | SETTLEMENTS
Plaintiff's counsel should immediately notify chambers personnel by email when mediation resolves or the case settles.
If mediation resolves the case or in the event the case settles, Plaintiff's counsel should notify chambers immediately by email to Judge Horton's Administrative Specialist, Civil Case Manager, and Law Clerk.
Page 1 | INITIAL SCHEDULING CONFERENCES
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 Judge Horton's Administrative Specialist.
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 Judge Horton's Administrative Specialist.
Page 1 | INITIAL SCHEDULING CONFERENCES
Pro hac vice counsel may request telephone participation in the Pretrial Conference by sending advance notice to the Administrative Specialist.
For good cause, such as distance and/or the nature of the case, counsel admitted pro hac vice may be permitted to participate by phone if a request is sent to Judge Horton's Administrative Specialist sufficiently in advance of the pretrial conference.
Page 1 | PRETRIAL CONFERENCES
A teleconference with the Court may be requested by contacting Judge Horton's Administrative Specialist. Counsel requesting the teleconference will be expected to initiate the call.
A teleconference with the Court may be requested by contacting Judge Horton's Administrative Specialist. Counsel requesting the teleconference will be expected to initiate the call.
Page 1 | GENERAL COMMUNICATION PREFERENCES
A phone or email notice must be given before or when a fax is 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 | Judicial Preferences
The Administrative Specialist will set a trial date by email six to eight weeks after answers are filed or default judgment is entered.
Judge Horton's Administrative Specialist will contact counsel and/or self-represented parties, via email, to set a trial date within 6 to 8 weeks after answers are filed and/or default judgments are entered.
Page 1 | INITIAL SCHEDULING CONFERENCES
Questions about the judge's preferences should be directed to the Administrative Specialist and Civil Case Manager.
Comments or questions from lawyers, paralegals, and other legal staff about Judge Horton's preferences are welcome and should be directed to Judge Horton's Administrative Specialist and Civil Case Manager.
Page 1 | GENERAL COMMUNICATION PREFERENCES
Requests for an in-person or telephone scheduling conference with Judge Horton must be directed to the Administrative Specialist.
If any party requests that the scheduling conference be handled in person or telephonically by Judge Horton, please contact her Administrative Specialist.
Page 1 | INITIAL SCHEDULING CONFERENCES