Superior Court of Delaware, New Castle County Pre-Motion Conference Requirements
26 rules from official source documents
Pre-motion conference and letter requirements before filing motions, including sequential steps.
CRITICALCivil cases
Under one possible procedure, a party wishing to file a motion for summary judgment must file a letter no longer than 1,250 words setting forth the undisputed facts and legal theories that warrant granting summary judgment.
Under one possible procedure, a party wishing to file a motion for summary judgment must file a letter no longer than 1,250 words setting forth the undisputed facts and legal theories that warrant granting summary judgment.
CRITICAL
Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.
Before filing a dispositive motion or a Daubert motion, Counsel must obtain possible dates and times for oral argument through Judge Brennan's Administrative Specialist.
CRITICAL
Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.
Before filing a dispositive motion or a Daubert motion, Counsel must obtain possible dates and times for oral argument through Judge Jones' Administrative Specialist.
CRITICAL
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.
CRITICAL
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.
CRITICALCivil cases
Case dispositive motions are scheduled only after briefing is complete, with the date and time obtained from Judge Winston’s Chambers.
Case dispositive motions will be scheduled after all briefing is complete by obtaining a date and time from Judge Winston’s Chambers which can be reached at 255-2549.
CRITICALCivil cases
The parties must meet and confer immediately after exchanging proposed pretrial stipulation and order drafts.
Immediately following the exchange of the proposed Pretrial Stipulation and Order, the parties shall meet and confer in an attempt to reach an agreement on a final Pretrial Stipulation and Order.
CRITICALCivil cases
Before filing a dispositive motion, counsel must obtain possible hearing dates and times from Judge Wallace’s Administrative Specialist, agree on a proposed date and time, and notice the motion accordingly.
Counsel must obtain possible dates and times for hearing of such motions from Judge Wallace’s Administrative Specialist before filing of such motion. The parties shall agree upon a proposed date and time and the motion noticed accordingly.
CRITICALCivil cases
Counsel must obtain possible hearing dates and times from the administrative specialist before filing a dispositive motion.
Counsel must obtain possible dates and times for hearing of such motions from Judge Wallace’s Administrative Specialist before filing of such motion.
WARNINGCivil cases
Parties may request, and the Court may adopt, a scheduling-order provision requiring leave before filing a summary-judgment motion.
To screen whether summary judgment will be helpful, parties may include in a scheduling order (or the Court may adopt) provisions requiring that parties seek leave before moving for summary judgment.
WARNINGCivil cases
Oral argument occurs only when scheduled by the court, and the assigned judge sets the scheduled argument's date and time.
(c) Oral argument. There will be no oral argument unless scheduled by the Court, except as may be otherwise expressly provided by statute or rule. (d) Scheduling. Arguments scheduled will be scheduled as to date and time by the assigned judge.
WARNING
The listed routine motions may be presented without scheduling.
4. Routine Motions which can be presented WITHOUT scheduling:
WARNINGCivil cases
Motions in limine must be noticed for presentation at the Pretrial Conference and should be resolved there when possible.
Motions in limine shall be noticed for presentation at the Pretrial Conference and will be resolved, wherever possible, at that time.
WARNING
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.
WARNING
Replies and surreplies are not permitted without prior court permission.
No replies or surreplies are permitted, without prior permission by the Court.
WARNING
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.
WARNINGCivil cases
The parties must meet and confer in good faith before moving the court for modifications or additional safeguards.
The Parties agree to meet and confer in good faith prior to moving the Court for any modifications or additional safeguards.
WARNINGCivil cases
A party challenging a confidential-discovery designation must make a good-faith effort to resolve the objection before moving on reasonable notice for an order vacating the designation.
During the pendency of this Litigation, any Party objecting to the designation of any Discovery Material as Confidential Discovery Material may, after ===== PAGE 14 ===== making a good faith effort to resolve any such objection, move on reasonable notice for an order vacating the designation.
WARNINGCivil cases
Before moving the court to modify the stipulation or request additional safeguards for discovery material, the parties must meet and confer in good faith.
17. The Parties reserve the right to apply, pursuant to Superior Court Civil rule 5(g)(3), upon short notice, for an order seeking additional safeguards with respect to the use and handling of Discovery Material or to modify the terms of this Stipulation. The Parties agree to meet and confer in good faith prior to moving the Court for any modifications or additional safeguards.
WARNINGCivil cases
Before filing a dispositive motion, counsel must obtain possible hearing dates and times from Judge Wallace’s Administrative Specialist, agree on a proposed date and time, and notice the motion accordingly.
Counsel must obtain possible dates and times for hearing of such motions from Judge Wallace’s Administrative Specialist before filing of such motion. The parties shall agree upon a proposed date and time and the motion noticed accordingly.
WARNINGCivil cases
The parties must actively engage in settlement discussions and determine whether the case can be resolved under Civil Rule 16.
The parties are required actively to engage in settlement discussions and determine whether the matter may be resolved in accordance with Civil Rule 16.
WARNINGCivil cases
Motions in limine must be noticed for presentation at the Pretrial Conference and may be resolved there.
Any motions in limine shall be noticed for presentation at the Pretrial Conference and will be resolved (if appropriate) at that time.
INFO
Administrative-appeal oral argument occurs only if the court requests it.
Oral argument is held in administrative appeals only if requested by the Court.
INFO
The Court establishes the briefing schedule by letter after the motion is filed.
After the motion is filed, the Court will issue a letter establishing a briefing schedule.
INFO
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.
INFOCivil cases
The Court will likely decide Daubert motions in limine on the paper record.
The Court will likely decide any Daubert type motions in limine on the paper record.
Does Superior Court of Delaware, New Castle County require a pre-motion conference or letter before filing a motion?
Superior Court of Delaware, New Castle County: Yes. A pre-motion letter is required for summary judgment. Details: 1250 words. Under one possible procedure, a party wishing to file a motion for summary judgment must file a letter no longer than 1,250 words setting forth the undisputed facts and legal theories that warrant granting summary judgment.
Judge Patricia A. Winston: Case dispositive motions are scheduled only after briefing is complete, with the date and time obtained from Judge Winston’s Chambers.
Judge Francis J. Jones Jr. and Judge Danielle J. Brennan: Counsel must obtain possible oral-argument dates and times from the Administrative Specialist before filing a dispositive or Daubert motion.
22 more rules answer this question.
Related categories
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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.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.