Judge Sonia Augusthy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Dispositive Motion, Opposition
- 1 copy
Case Dispositive Motion, Opposition, Reply
- 1 copy • Promptly
Motion
- 1 copy
- 1 copy • Chambers Drop Off
Motion, Response
- 1 copy • Chambers Drop Off
Adjournments
- Failure to meet Trial Scheduling Order deadlines without good cause may result in denial of an extension.
- A motion to continue a trial date must be scheduled as a routine motion and address the position or unavailability of every other party.
- After the Administrative Specialist contacts all parties, plaintiff's counsel may request an indefinite postponement on behalf of all parties when all counsel expect an early settlement.
- +3 more
Request must include
Communication
Chambers
Phone
Chambers
Phone
Fax
Chambers
Page & Word Limits4 rules
The motion, response, and reply shall each not exceed 6 pages (unless permission has previously been granted to exceed the page limit) and shall include a notice page indicating the time for argument.
- Reply
- Up to 6 pages
Exception
More pages with leave of court
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.
- Motion
- Up to 6 pages
- Response
- Up to 6 pages
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.
- Page limit
- Up to 6 pages
- Case dispositive motion
- Opposition
An appendix may exceed 25 pages as necessary.
Document Format Requirements7 rules
A copy of proposed instructions must be sent in Microsoft Word format by e-mail to Judge Augusthy's Administrative Specialist.
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.
- Brief
- Exhibits
- Appendices
Formatting
- •Staple or bind the documents
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.
Exhibits and appendices to briefs, courtesy copies of motions, or letter applications must be individually tabbed.
Case citations shall use Westlaw format for unreported decisions.
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).
- File type
- Word
- Jury instructions
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).
- File type
- Word
- Jury instructions
Formatting
- •A hard copy is also required
Document Filing Requirements32 rules
A motion to continue a trial date shall be scheduled as a routine motion and must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
A letter requesting court action must state every party's position or explain reasonable efforts to reach opposing counsel or a self-represented party.
Court's wording
A letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.
Every communication to the Court or its staff must identify the case, civil action number, and represented party.
Court's wording
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.
TSO amendments must be made by (1) motion or (2) joint stipulation and must be ordered by the Court; any motion must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
The motion, response, and reply shall each not exceed 6 pages (unless permission has previously been granted to exceed the page limit) and shall include a notice page indicating the time for argument.
The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands.
The Interim Status Report is to be filed by Plaintiff’s Counsel with a copy to the Judge’s chambers.
Motions in Limine must include all supporting authority with the motion.
The proposed Order shall, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
All proposed special voir dire questions shall be included with the Pretrial Stipulation.
Counsel shall indicate in the Pretrial Stipulation whether any motions in limine have been filed and the evidentiary issue sought to be resolved.
The final trial status report shall advise the Court of the following: (1) that all exhibits have been exchanged or reviewed by the parties or counsel, and there are no objections to any exhibit;
(3) that any request for special voir dire has been reviewed by the opposing party and there are no exceptions or objections, and that a copy of the requested special voir dire is attached to the letter
(2) that proposed jury instructions have been exchanged, discussed, exceptions noted, with a copy submitted with the status report in the form required by paragraph (i) above;
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).
If there are areas of disagreement, the submission shall include Defense Counsel’s notation of disagreement on each particular instruction upon which there is disagreement, and Defense Counsel shall present their respective proposed instructions and supporting authority.
Plaintiff’s counsel must file an Interim Status Report with a copy to the judge’s chambers, and the report must address the issues, discovery progress, and ADR results.
Court's wording
The Interim Status Report is to be filed by Plaintiff’s Counsel with a copy to the Judge’s chambers. The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter.
This document should reflect input from both parties. Plaintiff’s counsel is responsible for obtaining defense counsel’s consent to form or additional input to be included in the Report sufficiently in advance of the submission deadline to ensure compliance with the deadline.
If the issue is particularly significant and should be resolved at the Pretrial Conference, a motion in limine should be filed.
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.
- Document
- Case information statement
Should include
- •Identify any related Superior Court cases
Counsel is expected 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.
If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state. The parties are to use an Amended Trial Scheduling Order and note the original and proposed (or agreed to) amended dates.
The proposed Order shall, at a minimum, cover the matters set forth in Form 46 (pretrial stipulations) contained in the appendix of Superior Court Civil Rules.
- Document
- Pretrial stipulation
Must include
- •Proposed order
This document should reflect input from both parties.
Plaintiff’s counsel is responsible for obtaining defense counsel’s consent to form or additional input to be included in the Report sufficiently in advance of the submission deadline to ensure compliance with the deadline.
The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.
The interim report shall advise the Court on the nature of the matters in issue, the progress of discovery to date, and the results of mandatory alternate dispute resolution used to date to resolve this matter. Do not include information on offers or demands.
Daubert-type motions will presumptively be decided on a paper record.
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.
When possible, requests for court action should be filed 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 Augusthy prefers requests for court action to be submitted by motion, rather than by letter, with a Notice of Motion and Certificate of Service, as well as a proposed Form of Order so the Court can rule electronically.
In some instances, the Court may require instructions to be filed with the Pretrial Stipulation so they may be discussed at the Pretrial Conference.
Where a party is representing themselves, the references to Counsel within these preferences apply to that party.
Filing & Service rules
Electronic Filing Rules
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.
Page 1 | Communications
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.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Filing Timing and Cure Windows
After trial scheduling is postponed, plaintiff's counsel must file a status report within 60 days of the postponed conference unless the Court orders otherwise.
Unless ordered otherwise, scheduling will be indefinitely postponed. Counsel for plaintiff(s) must then submit a status report within sixty (60) days of the date of the postponed conference.
Page 1 | Initial Stages — Trial Scheduling
A reply to a dispositive-motion response is due within 7 days after filing the response, excluding weekends and holidays.
Any reply is due no later than 7 days (excluding weekends and holidays) after the filing of the response.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Unless the Court directs otherwise, proposed jury instructions must be filed on the Wednesday before trial.
Unless otherwise directed by the Court, proposed jury instructions must be filed the Wednesday before the trial date.
Page 1 | Pretrial/Evidentiary Matters — Jury Instructions
A response with all supporting authority to a dispositive motion is due within 14 days after filing, excluding weekends and holidays.
The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, a response (with all supporting authority) to any dispositive motion is due no later than 14 days (excluding weekends and holidays) after the filing of the motion.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Routine motions must be filed at least 15 calendar days before the noticed date, and responses are due within 7 calendar days after filing.
The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, in Judge Augusthy'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 7 calendar days after the filing of the motion.
Page 1 | Motions & Briefing — Routine Motions
An Interim Status Report must be submitted no more than 14 days after mandatory ADR, and it must advise the Court of the ADR outcome.
An Interim Status Report shall be submitted no more than 14 days after ADR has been conducted. Among other issues, the parties shall advise the Court of the outcome of mandatory ADR.
Civil cases
Page 2 | e. Interim Status Report
Responses to dispositive motions are due 14 business days after the motion is filed.
Responses are due 14 business days after filing.
Civil cases
Page 2 | f. Motions
Routine motions must be filed at least 15 calendar days before the noticed presentation date.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
A response to a routine motion is due within 7 calendar days after filing, with one courtesy copy including exhibits delivered to Judge Augusthy’s chambers.
Responses are due no later than 7 calendar days after the filing of the motion, with one courtesy copy of a response (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
A response to a case-dispositive motion is due within 14 days after filing the motion, excluding weekends and holidays.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
The parties must submit an Interim Status Report within 14 days after mandatory ADR.
An Interim Status Report shall be submitted no more than 14 days after ADR has been conducted.
Civil cases
Page 2 | Interim Status Report
Responses to dispositive motions are due 14 business days after the motion is filed.
Responses are due 14 business days after filing.
Civil cases
Page 2 | Case Dispositive Motions
The response to a dispositive motion is due within 14 days after filing the motion, excluding weekends and holidays.
The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.
Civil cases
Page 6 | Case Dispositive Motions
A routine civil motion must be filed at least 15 calendar days before its noticed presentation date, with one courtesy copy and exhibits delivered to the judge’s chambers.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | Routine Civil Motions
A response to a routine civil motion is due within seven calendar days after the motion is filed, and one courtesy copy with exhibits must be delivered to the judge’s chambers.
Responses are due no later than 7 calendar days after the filing of the motion, with one courtesy copy of a response (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | Routine Civil Motions
Particularly significant issues, including Daubert issues, should be raised by motion in limine and normally filed and answered well before the Pretrial Conference.
Any particularly significant issue, including Daubert issues, should be raised by motion in limine. Motions in limine are usually filed and responded to well before the Pretrial Conference.
Page 1 | Pretrial/Evidentiary Matters — Motions in Limine
An oral-argument time for a dispositive motion may be canceled if the motion is not filed within 4 days after the time is obtained.
If a party does not file a dispositive motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Motions to add a party or amend a pleading must be filed by the scheduling-order deadline, which is left blank in the document.
Filing of Motions to Add a Party or Amend a Pleading shall be filed no later than ____________.
Civil cases
Page 1 | TRIAL SCHEDULING ORDER
Mandatory alternative dispute resolution must be completed by the deadline entered in the order, which is left blank in the document.
Mandatory ADR is to be conducted by no later than __________ .
Civil cases
Page 2 | ADDITIONAL INFORMATION AND PROCEDURES
Dispositive motions must be filed by the deadline entered in the scheduling order, which is left blank in the document.
Dispositive Motions shall be filed by no later than ____________.
Civil cases
Page 2 | Case Dispositive Motions
Motions in limine, including Daubert motions and motions to exclude testimony, must be filed by the deadline entered in the order, which is left blank in the document.
Motions in Limine (including Daubert motions, or any motion to exclude all or part of a witness’s testimony) shall be filed no later than _____________.
Civil cases
Page 2 | Routine Civil Motions
Filing Fees and Waivers
The trial fee must be paid by the pretrial conference date; if unpaid for two business days after that conference, the case will be removed from the trial calendar and a new date will be scheduled upon payment.
i. Trial Fee. The trial fee shall be paid no later than the date of 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 trial date will be scheduled upon payment of the trial fee.
Civil cases
Page 4 | i. Trial Fee
The trial fee must be paid by the date of the pretrial conference.
The trial fee shall be paid no later than the date of the pretrial conference.
Civil cases
Page 4 | Trial Fee
Failure to pay the trial fee within two business days after the pretrial conference results in removal from the trial calendar.
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.
Civil cases
Page 4 | Trial Fee
Courtesy Copy Requirements
One courtesy copy of a routine motion and one courtesy copy of its response, including exhibits, must be delivered to chambers.
A courtesy copy of both the motion and response (with exhibits) must be delivered to chambers.
A response to a routine motion requires one courtesy copy, including exhibits, delivered to Judge Augusthy’s chambers.
Responses are due no later than 7 calendar days after the filing of the motion, with one courtesy copy of a response (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
Routine motions must be filed at least 15 calendar days before the noticed presentation date, with one courtesy copy including exhibits delivered to Judge Augusthy’s chambers.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
For a case-dispositive motion and response, file the originals with the Prothonotary’s Office and deliver one courtesy copy, including exhibits, to Judge Augusthy’s chambers.
The original motion and the response thereto shall be filed with the Prothonotary’s Office with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
A dispositive motion and its response each require one courtesy copy with exhibits delivered to Judge Augusthy’s chambers.
The original motion and the response thereto shall be filed with the Prothonotary’s Office with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | Case Dispositive Motions
One courtesy copy of a routine civil motion, including its exhibits, must be delivered to Judge Augusthy’s chambers.
Motions must be filed no less than 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | Routine Civil Motions
One courtesy copy of a routine-motion response, including its exhibits, must be delivered to Judge Augusthy’s chambers.
Responses are due no later than 7 calendar days after the filing of the motion, with one courtesy copy of a response (with exhibits) delivered to Judge Augusthy in chambers.
Civil cases
Page 6 | Routine Civil Motions
One courtesy copy of the dispositive motion, response, and reply should be promptly delivered to chambers.
The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.
Adjournment & Extension Requirements
A motion to continue a trial date must be scheduled as a routine motion and address the position or unavailability of every other party.
A motion to continue a trial date shall be scheduled as a routine motion and must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.
Page 1 | Motions & Briefing — Routine Motions
A motion to continue a trial date must be filed as a routine motion and include each other party’s position or state that opposing counsel or the self-represented party could not be reached.
A Motion to Continue a Trial Date shall be filed as a routine motion and must include the position of each other party or otherwise represent that opposing counsel or a self-represented party could not be reached.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
Scheduling-order deadlines are firm, extensions may be denied absent good cause, and amendments require a court order entered on an appropriate motion or party stipulation using the specified form.
Failure to meet these deadlines, absent good cause shown, may result in the Court refusing to allow extensions regardless of the consequences. Amendments to this Trial Scheduling Order must be by Order of the Court on appropriate motion or stipulation of the parties using the form included under Judge Augusthy’s preferences.
Civil cases
Page 5 | Trial Scheduling Order
A Motion to Continue a Trial Date must be filed as a routine motion and state each other party’s position or explain that opposing counsel or the self-represented party could not be reached.
A Motion to Continue a Trial Date shall be filed as a routine motion and must include the position of each other party or otherwise represent that opposing counsel or a self-represented party could not be reached.
Civil cases
Page 6 | Routine Civil Motions
After the Administrative Specialist contacts all parties, plaintiff's counsel may request an indefinite postponement on behalf of all parties when all counsel expect an early settlement.
After the Administrative Specialist reaches out to all parties, if all counsel believe that the case is likely to settle soon, counsel for plaintiff(s), speaking for all parties, may write the Court requesting that the scheduling of a trial date be postponed. Unless ordered otherwise, scheduling will be indefinitely postponed.
Page 1 | Initial Stages — Trial Scheduling
Failure to meet Trial Scheduling Order deadlines without good cause may result in denial of an extension.
Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions.
Page 1 | Initial Stages — Trial Scheduling
Chambers Communication Rules
Counsel must obtain available dispositive-motion oral-argument dates and times through the Administrative Specialist.
Counsel must obtain possible dates and times for oral argument on dispositive motions through Judge Augusthy's Administrative Specialist.
Page 1 | Motions & Briefing — Dispositive and Daubert Motions
Counsel must obtain a hearing date and time from Judge Augusthy’s chambers by emailing Kimberly.Henson@Delaware.gov before noticing a dispositive motion.
Counsel shall notice dispositive motions by obtaining a date and time from Judge Augusthy’s Chambers by emailing Kimberly.Henson@Delaware.gov.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
Plaintiff’s counsel must immediately notify chambers by email if the case settles.
In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Kimberly.Henson@Delaware.gov.
Civil cases
Page 6 | ADDITIONAL INFORMATION AND PROCEDURES
Counsel must obtain a hearing date and time from Judge Augusthy’s chambers by email before noticing a dispositive motion.
Counsel shall notice dispositive motions by obtaining a date and time from Judge Augusthy’s Chambers by emailing Kimberly.Henson@Delaware.gov.
Civil cases
Page 6 | Case Dispositive Motions
Notice of a fax transmission to chambers or the prothonotary must be provided by phone or email.
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
Counsel must promptly notify the relevant Judicial Case Manager when an omitted related-case reference results in assignment to a different judge.
If counsel belatedly realizes that the Case Information Statement(s) 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 — Related Cases
Counsel should immediately notify the three specified chambers recipients by email when mediation resolves or the case settles.
If mediation resolves the case, or in the event the case settles, Counsel should notify chambers immediately by email to Judge Augusthy's Administrative Specialist, Civil Case Manager, and Law Clerk.
Page 1 | Initial Stages — Trial Scheduling
Plaintiff’s counsel must immediately notify chambers by email if the case settles.
In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Kimberly.Henson@Delaware.gov.
Civil cases
Page 6 | Settlement Negotiations
An attorney who believes a motion needs more argument time should contact the Administrative Specialist to request another date and time.
Any attorney should contact Judge Augusthy's Administrative Specialist if that attorney believes the complexity or length of the argument on a motion suggests that another date and time would be more feasible.
Page 1 | Motions & Briefing — Routine Motions
Questions about routine motions should be directed to Judge Augusthy's Civil Case Manager.
Questions regarding routine motions should be addressed to Judge Augusthy's Civil Case Manager.
Page 1 | Motions & Briefing — Routine Motions