Superior Court of Delaware, New Castle County Electronic Filing Rules
38 rules from official source documents
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
CRITICAL
- Applies to
- Motion
Motions must be electronically filed in the assigned case, with one courtesy copy provided to the assigned judge.
1. Motions shall be eFiled in the assigned case and a courtesy copy shall be provided to the Assigned Judge.
CRITICAL
- Applies to
- Response
Every response to a routine motion must be electronically filed no later than four days before the noticed hearing date.
Every Response to a Routine Motion shall be eFiled no later than 4 days prior to the noticed hearing date.
CRITICAL
- Applies to
- Motion
Every motion must be electronically filed with the assigned judge no later than 10 business days before the noticed hearing date.
Every Motion shall be eFiled no later than 10 business days prior to the noticed hearing date with the Assigned Judge.
CRITICAL
Dispositive motions and responses must be electronically filed in the assigned case, with courtesy copies provided to the assigned judge.
Motions and Responses shall be eFiled in the assigned case and courtesy copies provided to the Assigned Judge.
CRITICAL
- Applies to
- Motion to consolidate
Consolidation motions must be electronically filed in every case requesting consolidation, and presentation to the court must occur in the oldest case.
Motions to Consolidate shall be eFiled in ALL cases requesting consolidation and presentation to the Court shall be in the oldest case.
CRITICAL
Parties must use the Superior Court of Delaware's electronic filing system unless otherwise authorized.
Unless otherwise authorized, a party must utilize the electronic filing system of the Superior Court.
CRITICAL
- Applies to
- Notice page
A notice page must be electronically filed each time a dispositive motion or response is electronically filed.
Notice pages shall be eFiled each time a Motion and/or Response is eFiled and shall indicate: (i) the date and time of hearing; OR (ii) that the Motion will be heard at the convenience of the Court.
CRITICALCivil cases
- Applies to
- Case dispositive motion
The original case dispositive motion and response must be electronically filed, with two courtesy copies delivered to chambers.
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
CRITICAL
- Applies to
- Case dispositive motion
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
The original motion and response should be e-filed with 2 courtesy copies delivered to chambers.
CRITICAL
- Applies to
- Trial availability response
The parties should discuss and agree to at least one trial date, circle the date and e-file it with the Court.
The parties should discuss and agree to at least one trial date, circle the date and e-file it with the Court.
CRITICALCivil cases
- Applies to
- Jury instructions
Counsel must also file the jury instructions by email to Alicia Maxwell in WORD format.
Counsel is required to also file these instructions via email to Alicia Maxwell at Alicia.Maxwell@delaware.gov in WORD format.
CRITICAL
- Applies to
- Brief
Dispositive motions, Daubert motions, responses, and replies must be electronically filed.
The motion, response, and reply must be e-filed.
CRITICAL
A motion in limine and response must be electronically filed, with two courtesy copies promptly delivered to chambers.
The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers.
CRITICALCivil cases
- Applies to
- Case dispositive motion
A case-dispositive or Daubert motion must be e-filed with one courtesy copy, including its exhibits, delivered to chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to President Judge Davis in chambers.
CRITICALCivil cases
- Applies to
- Case dispositive motion
A case-dispositive motion must be electronically filed, with one courtesy copy and its exhibits delivered to Judge Davis's chambers.
The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers.
CRITICALCivil cases
- Applies to
- Response
The response must be e-filed and one courtesy copy delivered to chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to President Judge Davis in chambers.
CRITICALCivil cases
- Applies to
- Response
A response to a case-dispositive motion must be electronically filed, and one courtesy copy must be delivered to Judge Davis's chambers.
Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers.
CRITICAL
- Applies to
- Proposed order
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.
CRITICALCivil cases
- Applies to
- Jury instructions
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.
CRITICAL
- Applies to
- Dispositive or daubert briefing
The motion, response, and reply in dispositive and Daubert matters must be filed electronically.
The motion, response, and reply must be e-filed.
CRITICALCivil cases
Documents must generally be filed and served under the governing Delaware e-filing procedures, while specified discovery requests and responses must be served electronically through LEXIS/NEXIS, excluding the actual document production.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
CRITICALCivil cases
- Applies to
- Dispositive motion response reply
The original dispositive motion, response, and reply should be electronically filed with one courtesy copy promptly delivered to chambers.
The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.
CRITICALCivil cases
- Applies to
- Substantive email
A substantive email must be docketed by the sender and may be sent only with Judge Wallace’s approval or in exigent circumstances.
Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Wallace has approved such email filing in the subject case or (b) exigent circumstances exist.
CRITICAL
- Applies to
- Substantive email
Administrative emails are not docketed; substantive emails must be docketed by the sending party and may be sent only with Judge Lugg’s approval or in exigent circumstances.
Administrative emails are not docketed. Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Lugg has approved such email filing in the subject case or (b) exigent circumstances exist.
CRITICAL
- Applies to
- Motion
The original motion, response, and reply should be electronically filed, with one courtesy copy promptly delivered to chambers.
The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.
CRITICAL
- Applies to
- Letter
Letters to Judge Lugg must be electronically docketed and emailed as docketed copies to chambers staff, but courtesy hard copies are not needed.
A letter to Judge Lugg must be docketed electronically in the subject case. An electronic copy, as docketed, should be transmitted via email to Judge Lugg's Administrative Specialist and Civil Case Manager. No courtesy hard copy of letters need be delivered to Judge Lugg's chambers.
CRITICAL
- Applies to
- Substantive email
A substantive email must be docketed by the sender and may be sent only with Judge Rennie's approval or in exigent circumstances.
Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Rennie has approved such email filing in the subject case or (b) exigent circumstances exist.
CRITICAL
- Applies to
- Letter
A letter to Judge Augusthy must be electronically docketed and emailed to specified chambers personnel; a courtesy hard copy is unnecessary.
A letter to Judge Augusthy must be docketed electronically in the subject case. An electronic copy, as docketed, should be transmitted via email to Judge Augusthy's Administrative Specialist, Civil Case Manager, and Law Clerk. No courtesy hard copy of letters need be delivered to Judge Augusthy's chambers.
WARNINGCivil cases
The case codes marked with an asterisk are not eligible for electronic filing.
* Not e-Filed
WARNING
- Applies to
- Stipulation
Parties may electronically file a stipulation instead of a motion, but the stipulation must be signed by all parties.
4. The parties may eFile a stipulation instead of a Motion. NOTE: Any stipulation eFiled by the parties must be signed by all parties.
WARNING
- Applies to
- Motion
A motion filed by an incarcerated litigant may be submitted to the Prothonotary's Office without specifying a hearing date or time.
A Motion filed by an incarcerated litigant may be filed with the Prothonotary’s Office, without reference to a date and time.
WARNING
- Applies to
- Stipulation
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.
WARNINGCivil cases
- Applies to
- Letter
A letter to Judge Wallace must be electronically docketed, need not be delivered as a chambers courtesy copy, and should be emailed to specified chambers staff.
A letter to Judge Wallace need only be docketed electronically in the subject case. No courtesy copy need be delivered to Judge Wallace's chambers. Instead, an electronic copy, as docketed, should be transmitted via email to Judge Wallace's Administrative Specialist, Civil Case Manager and Law Clerk.
WARNINGCivil cases
- Applies to
- Administrative email
Administrative emails must not be docketed.
Administrative emails are not docketed.
WARNING
- Applies to
- Stipulation
A fully effectuated 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 fully effectuated but 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.
WARNING
- Applies to
- Administrative email
Administrative emails should not be docketed.
Administrative emails are not docketed.
WARNING
The original dispositive motion, response, and reply should be electronically filed with one courtesy copy promptly delivered to chambers.
The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.
INFO
- Applies to
- Trial scheduling order
The Court issues its Trial Scheduling Order through File & Serve.
The Court then will issue a Trial Scheduling Order via File & Serve.
Is electronic filing required in Superior Court of Delaware, New Castle County?
Superior Court of Delaware, New Castle County: Yes. Electronic filing is required for the covered filings. Motions must be electronically filed in the assigned case, with one courtesy copy provided to the assigned judge.
Judge Charles E. Butler: Yes. Electronic filing is required for the covered filings. The original case dispositive motion and response must be electronically filed, with two courtesy copies delivered to chambers.
Judge Sean P. Lugg: Yes. Electronic filing is required for the covered filings. Administrative emails are not docketed; substantive emails must be docketed by the sending party and may be sent only with Judge Lugg’s approval or in exigent circumstances.
35 more rules answer this question.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.
Service and Proof of Service Rules
E-service, mail, personal service, proof of service, certificate, and timing requirements.