Superior Court of Delaware, New Castle County Document Format Requirements

CRITICAL

Briefs, exhibits, and appendices may not use clips or metal fasteners and must instead be stapled or bound.

No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips, or metal three-ring fasteners, but must be stapled or bound.

CRITICAL

Brief exhibits, courtesy copies of motions, and letters must be individually tabbed.

Exhibits to briefs, courtesy copies of motions, or letters must be individually tabbed.

CRITICAL

Briefs, exhibits, and appendices must be stapled or bound.

Briefs, exhibits, or appendices must be stapled or bound.

CRITICALCivil cases

Counsel must provide the Court an agreed-upon jury instruction set in both hard-copy and WORD format.

Plaintiff’s counsel shall provide to the Court an agreed-upon set of instructions (both hard copy and in WORD format).

CRITICAL

Format

DOCX

A proposed order must be uploaded as a separate document in editable Word format.

A proposed order must be uploaded separately from any other documents, and filed in editable Word format.

CRITICAL

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Briefs and motions must have numbered pages, margins of at least one inch, Times New Roman 14-point type, and double spacing.

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.

CRITICAL

Format

DOCX

Proposed jury instructions and voir dire questions must be submitted in Microsoft Word to the Administrative Specialist.

Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, shall be submitted in Microsoft Word to Judge Brennan's Administrative Specialist.

CRITICALCivil cases

Unless the court orders otherwise, dispositive and Daubert motions and responses must be typeset in 14-point Times New Roman.

Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages in length and typeset in Times New Roman 14 pt. font.

CRITICALCivil cases

Format

DOCX

The email copy of proposed jury instructions must use Microsoft Word format.

A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.

CRITICALCivil cases

Citations to unreported decisions must use Westlaw format.

Case citations shall use Westlaw format for unreported decisions.

CRITICALCivil cases

Exhibits to briefs, courtesy copies of motions, and letters must be individually tabbed.

Exhibits to briefs, courtesy copies of motions, or letters must be individually tabbed.

CRITICALCivil cases

Footnotes must be single-spaced in 12-point Times New Roman with two spaces between sentences.

Footnotes shall be single-spaced and typeset in Times New Roman 12-point font with two spaces between sentences.

CRITICALCivil cases

Briefs, exhibits, and appendices cannot be clipped or fastened with clips, binder clips, or metal three-ring fasteners and must instead be stapled or bound.

No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips or metal three-ring fasteners, but must be stapled or bound.

CRITICALCivil cases

Format

DOCX

Proposed jury instructions and voir dire questions likely to be revised by the court must be submitted only in Microsoft Word format.

Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Microsoft Word format ONLY.

CRITICALCivil cases

Case-dispositive motions and responses must use 14-point font unless the court orders otherwise.

Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages (14 pt. font) in length.

CRITICAL

All motions must follow the formatting requirements of Superior Court Civil Rule 78(b).

All motions shall be formatted in the manner set forth in Superior Court Civil Rule 78(b).

CRITICAL

All briefs must follow Superior Court Civil Rules 107(b), (d), (e), and (h).

All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h).

CRITICAL

Format

DOCX

Every proposed order must be uploaded as a separate document and filed in editable Word format.

A proposed order must be uploaded separately from any other documents, and filed in editable Word format.

CRITICALCivil cases

Unless another provision or order specifies otherwise, motions must follow Superior Court Civil Rule 78(b)'s formatting requirements.

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).

CRITICALCivil cases

Trial exhibits must be pre-marked.

Exhibits must be pre-marked.

CRITICALCivil cases

Format

DOCX

One hard copy and one electronic Microsoft Word copy of the proposed jury instructions must be sent to Chambers at the stated email address.

One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.

CRITICALCivil cases

Briefs must follow the formatting requirements in Superior Court Civil Rules 107(b), (d), (e), (h), and (j).

All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), (h) and (j).

CRITICALCivil cases

Chambers copies of exhibits submitted with briefs, motions, and letters must be individually tabbed.

Chambers' copies of exhibits to briefs, motions, and letters must be individually tabbed.

CRITICALCivil cases

All Delaware counsel and all self-represented litigants must sign a stipulation and proposed order before the Court will consider it.

All Delaware counsel and/or self-represented litigants must sign a stipulation and [proposed] order before it will be considered by the Court.

CRITICALCivil cases

All exhibits must be pre-marked.

Exhibits must be pre-marked.

CRITICALCivil cases

Briefs, exhibits, and appendices must be stapled or bound.

Briefs, exhibits, or appendices must be stapled or bound.

CRITICALCivil cases

Format

DOCX

Counsel must send Chambers one hard copy and one electronic Microsoft Word copy of the jury instructions by email.

One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers at Stephanie.Jackson@delaware.gov.

CRITICAL

Briefs, exhibits, and appendices must be stapled or bound, with lay-flat bindings strongly preferred.

Briefs, exhibits, or appendices must be stapled or bound. Judge Vavala strongly prefers bindings that will permit the brief to lay flat when opened.

CRITICAL

Motions must follow Superior Court Civil Rule 78(b), and briefs must follow specified provisions of Superior Court Civil Rule 107 unless another standing instruction or order applies.

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).

CRITICAL

Chambers copies of exhibits submitted with briefs, motions, and letters must be individually tabbed.

Chambers' copies of exhibits to briefs, motions, and letters must be individually tabbed.

CRITICAL

Format

DOCX

Counsel must provide the court one hard copy and a Microsoft Word .docx copy of the agreed jury instructions by the stated deadline.

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.

CRITICAL

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

All briefs and motions must have numbered pages, at least one-inch margins, Times New Roman 14-point type, double spacing, and compliance with specified Superior Court Civil 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).

CRITICAL

Format

DOCX

Proposed jury instructions and voir dire questions must be submitted in Word format to the Administrative Specialist.

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.

CRITICAL

Format

DOCX

Proposed orders must be filed in editable Word format.

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.

CRITICALCivil cases

Briefs on dispositive motions must comply with Superior Court Civil Rule 107.

All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.

CRITICAL

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Briefs and motions must use numbered pages, at least one-inch margins, Times New Roman 14-point type, and double spacing.

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.

CRITICALCivil cases

Every brief filed on a dispositive motion must conform to Superior Court Civil Rule 107.

All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.

CRITICALCivil cases

A discovery motion or other non-dispositive, non-in-limine motion must comply with the typeface requirement of Rule 107(b).

As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation on one of the Court’s routine motions calendars (Wednesdays at 9:00 a.m.) unless the Court orders a different hearing date.

CRITICALCivil cases

A separate joinder or supporting brief must comply with the typeface requirement of Superior Court Civil Rule 107(b).

Subject to the ===== PAGE 6 ===== requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.

CRITICALCivil cases

The joinder or supporting brief must comply with the typeface requirement of Superior Court Civil Rule 107(b).

does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.

CRITICALCivil cases

Brief exhibits, motion courtesy copies, and letters must each be individually tabbed.

Exhibits to briefs, courtesy copies of motions, or letters must all be individually tabbed.

CRITICALCivil cases

Every brief on a dispositive motion must conform to Superior Court Civil Rule 107.

All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.

CRITICALCivil cases

All briefs on dispositive motions must comply with Superior Court Civil Rule 107.

All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.

CRITICALCivil cases

Discovery and other non-dispositive, non-in-limine motions must be speaking motions limited to 2,500 words and comply with Rule 107(b)’s typeface requirement.

such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)

CRITICALCivil cases

All motions must comply with Superior Court Civil Rule 78(b).

All motions shall be formatted in the manner set forth in Superior Court Civil Rule 78(b).

CRITICALCivil cases

Format

PAPER

Any paper copy submitted to the court must be enclosed in a sealed envelope or package marked with the litigation title and the prescribed under-seal statement.

If a paper copy of that document is to be submitted to the Court for any reason, that document shall be submitted in a sealed envelope or package marked with the title of the Litigation and bearing a statement substantially in the following form: CONFIDENTIAL FILED UNDER SEAL PURSUANT TO A PROTECTIVE ORDER DATED _____, 20__, GOVERNING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION OBTAINED DURING THE COURSE OF THIS LITIGATION.

CRITICALCivil cases

Discovery motions and other motions outside the stated exceptions must comply with the typeface requirement of Rule 107(b).

As for a discovery motion or any motion other than a dispositive motion or motion in limine, such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)

CRITICALCivil cases

A discovery motion or other non-dispositive, non-in-limine motion must comply with the Rule 107(b) typeface requirement.

such motion shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)

CRITICALCivil cases

Each motion in limine must comply with the typeface requirement of Rule 107(b).

Each motion in limine shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b)

CRITICALCivil cases

Each motion in limine must comply with the typeface requirements of Rule 107(b).

Each motion in limine shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation at the Pre-Trial Conference.

CRITICALCivil cases

Each motion in limine must comply with the typeface requirement of Rule 107(b).

Each motion in limine shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation at the Pre-Trial Conference.

CRITICALCivil cases

Briefs, exhibits, and appendices cannot be fastened with prohibited clips or metal rings and must be stapled or bound.

No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips, or metal three-ring fasteners, but must be stapled or bound.

CRITICALCivil cases

All briefs must comply with Superior Court Civil Rules 107(b), (d), (e), and (h).

All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h).

CRITICALCivil cases

Every page of a Confidential Filing must bear the specified footer prohibiting access except by court order.

which may be accomplished by submitting documents, every page of which shall have a footer stating: THIS DOCUMENT IS A CONFIDENTIAL FILING. ACCESS IS PROHIBITED EXCEPT AS AUTHORIZED BY COURT ORDER.

CRITICALCivil cases

All briefs on dispositive motions must comply with Superior Court Civil Rule 107.

All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.

CRITICALCivil cases

Any paper copy of a confidential filing submitted to the court must be placed in a sealed envelope or package marked with the litigation title and the specified confidentiality statement.

If a paper copy of that document is to be submitted to the Court for any reason, that document shall be submitted in a sealed envelope or package marked with the title of the Litigation and bearing a statement substantially in the following form: CONFIDENTIAL FILED UNDER SEAL PURSUANT TO A PROTECTIVE ORDER DATED _____, 20__, GOVERNING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION OBTAINED DURING THE COURSE OF THIS LITIGATION. THIS ENVELOPE IS NEITHER TO BE OPENED NOR THE CONTENTS THEREOF DISPLAYED OR REVEALED EXCEPT BY OR TO QUALIFIED PERSONS OR BY COURT ORDER.

CRITICALCivil cases

A separate joinder or supporting brief is limited to 750 words and must comply with Superior Court Civil Rule 107(b)’s typeface requirement, excluding appendices.

does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.

CRITICAL

Exhibits and appendices to briefs, courtesy copies of motions, and letter applications must be individually tabbed.

Exhibits and appendices to briefs, courtesy copies of motions, or letter applications must all be individually tabbed.

CRITICAL

A proposed order must be uploaded as a separate document in editable Word or Word Perfect format.

A Proposed Order must be uploaded separately from any other documents, and filed in editable Word or Word Perfect format!

CRITICAL

Brief exhibits, courtesy copies of motions, and letters must be individually tabbed.

Exhibits to briefs, courtesy copies of motions, or letters must all be individually tabbed.

CRITICAL

Briefs, exhibits, and appendices may not use clips or metal three-ring fasteners and instead must be stapled or bound.

No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips, or metal three-ring fasteners, but must be stapled or bound.

CRITICAL

Motions must comply with Superior Court Civil Rule 78(b), and briefs must comply with Superior Court Civil Rules 107(b), (d), (e), and (h).

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).

CRITICAL

A copy of proposed jury instructions must be emailed to the Administrative Specialist in Microsoft Word format.

A copy of proposed instructions must be sent in Microsoft Word format by e-mail to Judge Augusthy's Administrative Specialist.

CRITICAL

Briefs, exhibits, and appendices may not use paper clips, binder clips, or metal three-ring fasteners and must be stapled or bound.

No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips or metal three-ring fasteners, but must be stapled or bound.

CRITICALCivil cases

A dispositive motion and its response must include a notice page identifying the date and time of the motion hearing.

The motion and the response shall not exceed 6 pages in length and shall have a notice page indicating the date and time of the motion hearing.

WARNINGCivil cases

Format

DOCX

Court submissions likely to be revised by the Court, including proposed jury instructions and voir dire questions, should be submitted in Word.

Court submission that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Word.

WARNINGCivil cases

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Briefs and motions should use one-inch margins, 14-point Times New Roman, and double spacing.

Contrary to Superior Court Civil Rule 107(b) all briefs and motions should have one-inch margins and be written in 14 pt. Times New Roman font and double-spaced.

WARNING

Citations to unreported decisions should use Westlaw format when possible.

Case citations shall use Westlaw format for unreported decisions where possible;

WARNING

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Briefs and motions should use one-inch margins, 14-point Times New Roman, and double spacing.

All briefs and motions should have one-inch margins and be written in 14 pt. Times New Roman font and double-spaced.

WARNING

Format

DOCX

Proposed jury instructions and voir dire questions likely to be revised should be submitted in Word using 14-point Times New Roman to the judge's administrative assistant.

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 and be written in 14 pt. Times New Roman font to Shelly Beane, Resident Judge Butler's administrative assistant.

WARNING

Unreported cases unavailable in Westlaw and related exhibits ordinarily should be physically attached; a separate compendium may be used when volume makes attachment impractical.

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 is appropriate.

WARNING

Exhibits, chambers copies of motions, and letters must be individually tabbed.

Exhibits to briefs, chambers copies of motions, or letters must be tabbed individually.

WARNING

Appendices may exceed 25 pages when necessary.

Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.

WARNINGCivil cases

Format

DOCX

The electronic copy of the proposed jury instructions must be in Microsoft Word format.

an electronic copy in Microsoft Word format of the proposed jury instructions

WARNINGCivil cases

The jury-instructions submission to Chambers must include one hard copy and one electronic copy in Microsoft Word format.

One hard copy AND an electronic copy in Microsoft Word format must be sent to Chambers via my

WARNINGCivil cases

Case names should be italicized or underlined.

Case names should be italicized or underlined.

WARNINGCivil cases

Exhibits and unreported cases absent from Westlaw should be physically attached to briefs and motions unless volume makes that impracticable, in which case a separate compendium should be used.

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.

WARNINGCivil cases

Exhibits must be pre-marked.

Exhibits shall be pre-marked.

WARNING

Format

DOCX

Proposed jury instructions and voir dire questions likely to be revised by the court should be submitted in Word format to the Administrative Specialist.

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.

WARNINGCivil cases

Format

DOCX

A Microsoft Word version of the jury instructions and verdict form must be sent to the judge's secretary.

Please send a Microsoft Word version of the jury instructions with a verdict form to my secretary.

WARNING

The court strongly discourages submitting routine-motion requests as letters or emails.

The Court strongly discourages any requests submitted in the form of letters or emails.

WARNING

Trial exhibits should be placed in a three-ring binder containing a table of contents or exhibit list.

All trial exhibits should be in a three-ring binder with a table of contents or an exhibit list.

WARNINGCivil cases

All briefs on dispositive motions must comply with Superior Court Civil Rule 107.

All briefs on dispositive motions shall conform to the requirements of Superior Court Civil Rule 107.

WARNINGCivil cases

Format

DOCX

Proposed jury instructions and voir dire questions should be submitted to chambers in Word format.

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 via digital media or other means arranged with Judge Wallace's chambers staff.

WARNINGCivil cases

Each motion in limine must comply with the typeface requirement of Rule 107(b).

Each motion in limine shall be a “speaking motion” limited to 2,500 words that comply with the typeface requirement of Rule 107(b) and shall be noticed for presentation at the Pre-Trial Conference.

WARNINGCivil cases

Format

DOCX

Plaintiff’s counsel must provide the court an agreed-upon jury instruction set in both hard-copy and Microsoft Word (.docx) formats.

Plaintiff’s counsel shall provide the Court an agreed-upon set of instructions (both hard copy and in Microsoft Word (.docx) format to Wendy.Wilkinson@Delaware.gov).

WARNING

Format

DOCX

A copy of proposed jury instructions must be emailed to Judge Lugg’s Administrative Specialist in Microsoft Word format.

A copy of proposed instructions must be sent in Microsoft Word format by e-mail to Judge Lugg's Administrative Specialist, Wendy Wilkinson at Wendy.Wilkinson@Delaware.gov.

WARNING

Exhibits, brief appendices, courtesy motion copies, and letter applications must be individually tabbed.

Exhibits and appendices to briefs, courtesy copies of motions, or letter applications must be individually tabbed.

WARNINGCivil cases

Format

DOCX

Agreed-upon jury instructions must be submitted to the court in both hard-copy and Microsoft Word (.docx) format by email to Kimberly.Henson@Delaware.gov.

Plaintiff’s counsel shall provide the Court an agreed-upon set of instructions (both hard copy and in Microsoft Word (.docx) format to Kimberly.Henson@Delaware.gov).

WARNING

Citations to unreported decisions must use Westlaw format.

Case citations shall use Westlaw format for unreported decisions.

WARNINGCivil cases

Format

DOCX

Jury instructions must be submitted in Microsoft Word (.docx) format, with a hard copy also required.

Plaintiff’s counsel shall provide the Court an agreed-upon set of instructions (both hard copy and in Microsoft Word (.docx) format to Kimberly.Henson@Delaware.gov).

INFOCivil cases

Appendices may exceed 25 pages when necessary, notwithstanding the NCC Plan.

Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.

INFOCivil cases

Judge Miller strongly prefers bindings that allow a brief to lie flat when opened.

Judge Miller strongly prefers bindings that will permit the brief to lay flat when opened.

INFOCivil cases

Counsel are encouraged to use double-sided copying or printing for hard copies submitted to Chambers.

Counsel are encouraged to use double-sided copying or printing for hard copied submitted to Chambers.

INFO

Trial exhibits may be placed in separate party binders or in one joint binder.

The trial exhibits can be in separate binders for each party or a joint binder.

INFO

For voluminous appendices or exhibits exceeding half a banker’s box, counsel are encouraged to attach key documents as exhibits and place other documents in an appendix on a thumb drive.

If the appendices or exhibits are voluminous, i.e. would fill more than half a banker's box, counsel are encouraged to attach certain key documents, for example contracts or expert reports, as exhibits to the brief and provide all other documents in an appendix contained on a thumb drive.