Judge Gregory B. Williams
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appendices, Exhibits
Appendix, Exhibit
Courtesy copies
- 2 copies
- 2 copies • By 8 15 Am
Demonstratives
- 2 copies
Communication
Chambers
Page & Word Limits23 rules
The party seeking relief must file a letter of no more than three pages, generally at least 48 hours before the conference; an opposing party may file a letter of no more than three pages, generally at least 24 hours before it.
- Application for relief letter
- Up to 3 pages
- Opposition letter
- Up to 3 pages
Court's wording
On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.
- Responsive letter
- Up to 5 pages
- Motion to amend
The letter accompanying a motion to amend is limited to three pages.
- Motion to amend letter
- Up to 3 pages
- Motion to amend
Court's wording
Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
The letter accompanying a motion to strike may not exceed three pages.
- Opening letter
- Up to 3 pages
- Motion to strike
Court's wording
Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
A reply letter on a motion to amend may not exceed two pages.
- Reply letter
- Up to 2 pages
- Motion to amend
Court's wording
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
- Reply letter
- Up to 2 pages
- Motion to strike
Claim construction briefs are limited to 5,000 words for Plaintiff’s opening and reply briefs, 7,500 words for Defendant’s answering brief, and 2,500 words for Defendant’s sur-reply.
- Plaintiff opening brief
- Up to 5,000 words
- Defendant answering brief
- Up to 7,500 words
- Plaintiff reply brief
- Up to 5,000 words
- Defendant sur-reply brief
- Up to 2,500 words
Court's wording
Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .
Argument on an in limine request is limited to three pages in support, three pages in opposition, and one page in reply.
- Page limit
- Up to 3 pages
- In limine motions
Court's wording
each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court.
On a date to be set by separate order, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.
- Letter
- Up to 3 pages
For motions to amend, the accompanying letter is limited to three pages, the opposing party’s responsive letter to five pages, and the moving party’s reply letter to two pages.
- Motion letter
- Up to 3 pages
- Responsive letter
- Up to 5 pages
- Reply letter
- Up to 2 pages
- Motion to amend
Court's wording
(a) Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.
- Opposition letter
- Up to 3 pages
For motions to strike, the accompanying letter is limited to three pages, the opposing party’s responsive letter to five pages, and the moving party’s reply letter to two pages.
- Motion letter
- Up to 3 pages
- Responsive letter
- Up to 5 pages
- Reply letter
- Up to 2 pages
- Motion to strike
Court's wording
(a) Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
Claim construction briefs are subject to separate word limits: 5,000 words for Plaintiff's opening and reply briefs, 7,500 for Defendant's answering brief, and 2,500 for Defendant's sur-reply.
- Plaintiff opening brief
- Up to 5,000 words
- Defendant answering brief
- Up to 7,500 words
- Plaintiff reply brief
- Up to 5,000 words
- Defendant sur-reply brief
- Up to 2,500 words
Court's wording
Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .
The separate concise statement accompanying a summary judgment motion may not exceed six pages.
- Concise statement of facts
- Up to 6 pages
- Summary judgment motions
Court's wording
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried.
An opposing party must file a paragraph-by-paragraph response to the moving party’s concise statement, limited to six pages, and support disputed facts with record citations.
- Concise statement response
- Up to 6 pages
- Summary judgment motions
Court's wording
Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.
An opposing party may file a separate concise statement of material facts presenting genuine issues to be tried, limited to four pages.
- Concise statement
- Up to 4 pages
Court's wording
The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
The moving party must include with its reply papers a paragraph-by-paragraph response to the opposing party’s concise statement, limited to four pages.
- Reply concise statement response
- Up to 4 pages
- Summary judgment motions
Court's wording
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis. Failure to respond to a fact presented in the opposing party’s concise statement of facts shall indicate that fact remains in dispute for purposes of summary judgment.
When a party files a Daubert motion in addition to a case-dispositive motion, each side may use 50 pages total for opening briefs, 50 for answering briefs, and 25 for reply briefs.
Court's wording
In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.
The parties must ensure that briefing on covered case-dispositive and Daubert motions across the specified related cases does not exceed 250 pages total.
- Brief
- Up to 250 pages in total
- Case dispositive motions
- Daubert motions
Court's wording
The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.
For case-dispositive motions, each side is limited to 40 pages of opening briefs, 40 pages of answering briefs, and 20 pages of reply briefs in total.
- Opening brief
- Up to 40 pages in total per side
- Answering brief
- Up to 40 pages in total per side
- Reply brief
- Up to 20 pages in total
- Case dispositive motions
Court's wording
provided, however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.
Each in limine request is limited to three pages of supporting argument, three pages of opposition, and one page of reply, with submissions combined when multiple parties support or oppose.
- Opposition
- Up to 3 pages
- In limine motions
Court's wording
Each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court.
For post-trial motions, each side is limited across its motions to 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs.
- Opening brief
- Up to 20 pages
- Answering brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
- Post-trial motions
Court's wording
Unless otherwise ordered by the Court, all SIDES are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed.
Document Format Requirements13 rules
The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.
The parties shall attach to the email digital copies of all relevant demonstratives, exhibits and deposition designations with the disputed passages highlighted.
Formatting
- •Highlight the disputed passages
The parties shall follow the below template when filing objections with the Court:
The parties are instructed to de-duplicate the joint exhibit list and consistently paginate the joint exhibit list, i.e., JTX001, JTX002, etc.
Formatting
- •De-duplicate the joint exhibit list
The parties are reminded to have hard copies of all paper exhibits ready for the jury by the time the jury deliberates.
- File type
- Paper
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.
- Jury trial submission
Formatting
- •Electronic files must be in Microsoft Word format
The parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes.
- Technology tutorial
Formatting
- •The tutorial must be electronic and not more than thirty minutes
As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.).
Construction Chart. In this joint submission, the parties shall not provide argument.
the paragraphs shall be numbered.
Formatting
- •Paragraphs shall be numbered
The parties must jointly submit an electronic tutorial no longer than 30 minutes and should confirm that the Court can access its selected format.
Formatting
- •The tutorial must be electronic and no more than 30 minutes long
Court's wording
In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes. As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.).
When possible, the parties shall refer to exhibits from the joint exhibit list.
Document Filing Requirements59 rules
The parties must make their initial disclosures within five days after entry of the Order, unless they agree otherwise.
Court's wording
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
No other expert reports will be permitted without either the consent of all parties or leave of the Court.
Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:
The joint discovery letter form calls for the participating Delaware and Lead Counsel and meet-and-confer dates, followed by a non-argumentative list of disputes requiring judicial attention.
Court's wording
The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): __________________ Delaware Counsel: __________________ Lead Counsel: __________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
Unless the Court orders otherwise, the parties must jointly provide a technology tutorial by the Joint Claim Construction Chart deadline; it must be electronic, no longer than 30 minutes, educational, and not argumentative.
Court's wording
Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes. The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument.
A motion to strike must be accompanied by a letter describing the basis for relief and attaching the document to be stricken, not an opening brief.
Court's wording
Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than .
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim
On or before _____, the parties shall respond to and provide their proposed construction for any term(s)/phrase(s) presented by the other side for which the party did not initially provide a construction.
On or before , the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s). These documents will not be filed with the Court.
The joint claim construction brief must combine the parties’ unfiled briefs, present positions sequentially for each claim term, and substantially follow the stated form.
Court's wording
The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. JOINT CLAIM CONSTRUCTION BRIEF I. Agreed-Upon Constructions II. Disputed Constructions [TERM 1] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. Defendant’s Sur-Reply Position [TERM 2] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position
The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix.
On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.
Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk.
- Document
- Application to court
Must include
- •Written motion filed with the Clerk
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
The in limine request and any response shall contain the authorities relied upon;
- Document
- In limine request and response
Must include
- •The authorities relied upon
The proposed final pretrial order shall contain a table of contents
- Document
- Proposed final pretrial order
Must include
- •Table of contents
A proposed protective order must include the specified “Other Proceedings” paragraph.
Court's wording
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Counsel Shall Provide a Chart of All Relevant Deadlines
A response to a suppression motion must state whether the United States believes an evidentiary hearing is required and, if appropriate, explain why.
Court's wording
Whenever the response of the United States is to a "suppression motion," the response shall include the position of the United States as to whether an evidentiary hearing is required, including, if appropriate, the reasons for the position of the United States.
At least three business days before trial, the parties must email the court reporter and chambers a glossary, possible-witness list, and phonetic-pronunciation list.
Court's wording
At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys’ and witnesses’ names.
Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order.
Defendant shall also produce sales figures for the accused product(s).
Plaintiff shall also produce the file history for each asserted patent.
By , Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications.
By , Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.
Absent agreement among the parties, and approval of the Court: (a) By , Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s).
The parties must submit a joint letter requesting a discovery teleconference that identifies participating Delaware and Lead Counsel and the meet-and-confer dates, and lists disputes requiring judicial attention non-argumentatively.
Court's wording
The parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Williams: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: Lead Counsel: The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
A motion to amend must be accompanied by a letter describing the basis for relief and the proposed amended pleading with a blackline comparison, not an opening brief.
Court's wording
Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
A motion to strike must be accompanied by a letter describing the basis for relief and the document to be stricken, not an opening brief.
Court's wording
Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
Filing & Service rules
Electronic Filing Rules
A redacted version of any sealed document must be filed electronically.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 13 | 17. Papers Filed Under Seal
Redacted versions of sealed documents must be filed electronically.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 16 | Papers Filed Under Seal
Filing Timing and Cure Windows
Motions to join parties or amend or supplement pleadings must be filed by the stated deadline, which is blank in the document.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before .
Civil cases
Page 2 | Joinder of Other Parties and Amendment of Pleadings
A Daubert objection must be made by motion within 14 days after expert discovery closes, unless the Court orders otherwise.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen (14) days after the close of expert discovery, unless otherwise ordered by the Court.
Civil cases
Page 4 | Discovery
The party seeking discovery relief must file its letter on the date set by separate order, generally at least 48 hours before the conference.
On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.
Civil cases
Page 5 | Discovery
A party opposing a compliant motion to amend must file a responsive letter within seven days after the motion is filed.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.
Civil cases
Page 6 | Motions to Amend
The joint letter notifying the Court of the parties’ hearing requests is due no later than the date the answering claim construction briefs are due.
The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
Civil cases
Page 10 | Claim Construction Issue Identification
The parties must file the joint proposed final pretrial order no later than seven days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.
Civil cases
Page 12 | Pretrial Conference
Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.
Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.
Civil cases
Page 12 | Pretrial Conference
The redacted version of a sealed document must be electronically filed within seven days of filing the sealed document.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 13 | 17. Papers Filed Under Seal
Unless a case-specific Court Order sets a response timetable, the United States must respond to a Defendant’s pretrial motion within 21 calendar days after it is filed.
Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant's motion was filed;
Criminal cases
Page 1 | STANDING ORDER
The parties must file the revised proposed final jury instructions and verdict sheet before the charge conference.
Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.
Civil cases
Page 3 | Charge Conference
Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order, which is blank in this template.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before .
Civil cases
Page 2 | Joinder of Other Parties and Amendment of Pleadings
A Daubert objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
Civil cases
Page 5 | Objections to Expert Testimony
The joint technology tutorial is due no later than the date the Joint Claim Construction Chart is due, unless the Court orders otherwise.
Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue.
Civil cases
Page 8 | Technology Tutorials
The parties must prepare and file a Joint Claim Construction Chart by the date specified in the schedule.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than .
Civil cases
Page 9 | Technology Tutorials
The parties must file the Joint Claim Construction Brief by the date specified in the schedule.
No later than , the parties shall file a Joint Claim Construction Brief.
Civil cases
Page 10 | Technology Tutorials
The joint letter notifying the Court of testimony requests and requested hearing time is due no later than the date answering claim-construction briefs are due.
The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
Civil cases
Page 11 | Hearing on Claim Construction
A Rule 56 case-dispositive motion may not be filed more than ten days before the case-dispositive-motion deadline without Court leave.
No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.
Civil cases
Page 12 | Case Dispositive Motions
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].
Civil cases
Page 12 | Case Dispositive Motions
Counsel should submit the proposed protective order to the Court within ten days after the Court enters the Order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.
Civil cases
Page 15 | Application to Court for Protective Order
The redacted version of a sealed document must be filed within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 16 | Papers Filed Under Seal
In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms seven business days before the final pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven (7) business days before the final pretrial conference.
Civil cases
Page 17 | Jury Instructions, Voir Dire, and Special Verdict Forms
The parties must file a joint proposed final pretrial order no later than seven days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.
Civil cases
Page 17 | Pretrial Conference
The parties must jointly submit a proposed judgment order within seven days after a jury returns a verdict in any portion of the trial.
Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict.
Civil cases
Page 18 | Judgment on Verdict and Post-Trial Status Report
The joint status report is due at the same time as the judgment order.
At the same time, the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
Civil cases
Page 18 | Judgment on Verdict and Post-Trial Status Report
An opposing party may file its opposition letter on the date set by separate order, generally at least 24 hours before the conference.
On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.
Civil cases
Page 6 | Discovery
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.
Civil cases
Page 13 | 16. Application to Court for Protective Order
Reply expert reports from the party with the initial burden of proof are due by the date specified in the schedule, which is blank in the provided text.
Reply expert reports from the party with the initial burden of proof are due on or before .
Civil cases
Page 5 | Expert Reports
Expert discovery must be initiated in time to be completed by the cutoff date, which is blank in the provided text.
All expert discovery in this case shall be initiated so that it will be completed on or before .
Civil cases
Page 5 | Expert Discovery Cut-Off
Service and Proof of Service Rules
Absent agreement, the party with the burden of proof must address contention interrogatories first.
In the absence of agreement among the parties, contention interrogatories, if filed, shall first be addressed by the party with the burden of proof.
Civil cases
Page 3 | Discovery
The parties must serve the four claim construction briefs but must not file them individually.
Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .
Civil cases
Page 9 | Claim Construction Issue Identification
A person or party subject to the order who becomes subject to a motion to disclose another party’s protected information must promptly notify that party.
Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Civil cases
Page 13 | 16. Application to Court for Protective Order
Each party must serve its claim construction briefs without filing them individually.
Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .
Civil cases
Page 10 | Technology Tutorials
Absent party agreement and Court approval, the patentee must finally supplement its identification of accused products and serve final infringement contentions by the specified date.
Absent agreement among the parties, and approval of the Court, (a) no later than the patentee must finally supplement the identification of all accused products and serve final infringement contentions;
Civil cases
Page 12 | Supplementation
Absent party agreement and Court approval, the accused infringers must finally supplement their identification of invalidity references and serve final invalidity contentions by the specified date.
Absent agreement among the parties, and approval of the Court, (b) no later than the accused infringers must finally supplement the identification of all invalidity references and serve final invalidity contentions.
Civil cases
Page 12 | Supplementation
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].
Civil cases
Page 12 | Case Dispositive Motions
The Court encourages parties to serve and respond to contention interrogatories early in the case.
The Court encourages the parties to serve and respond to contention interrogatories early in the case.
Civil cases
Page 3 | Discovery
The Court encourages parties to serve and respond to contention interrogatories early in the case.
The Court encourages the parties to serve and respond to contention interrogatories early in the case.
Civil cases
Page 4 | Discovery
Courtesy Copy Requirements
Each party must submit two courtesy copies of its discovery letter and attachments.
Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.
Civil cases
Page 6 | Discovery
The parties must provide the Court two courtesy copies of the joint proposed final pretrial order and all attachments.
The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 12 | Pretrial Conference
The parties must provide the Court two courtesy copies of filings, including papers filed under seal.
The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal.
Civil cases
Page 14 | 18. Courtesy Copies
By 8:15 a.m., the parties must leave two courtesy copies of the objections and relevant materials on the courtroom podium.
By 8:15 a.m., the parties shall provide the Court with two (2) courtesy copies of the objections and relevant exhibits and deposition designations. The parties shall leave the courtesy copies on the podium in the courtroom.
Civil cases
Page 1 | Dispute Resolutions / Objections
The parties must provide the Court with two courtesy copies of any witness binders.
The parties shall provide the Court two (2) courtesy copies of any witness binders.
Civil cases
Page 2 | Witness Binders
The parties must provide the Court with two courtesy copies of any demonstratives used at trial.
The parties shall provide the Court two (2) courtesy copies of any demonstratives used at trial.
Civil cases
Page 2 | Demonstratives
Each party must submit two courtesy copies of its discovery letter and attachments.
Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.
Civil cases
Page 7 | Discovery
The parties must provide the Court two courtesy copies of filings, including papers filed under seal.
The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal.
Civil cases
Page 16 | Courtesy Copies
The parties must provide the Court two courtesy copies of the joint proposed final pretrial order and its attachments.
The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 17 | Pretrial Conference
This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.
Civil cases
Page 17 | Jury Instructions, Voir Dire, and Special Verdict Forms
Courtesy copies of appendices and exhibits should include hard tabs.
Courtesy copies of appendices and exhibits should include hard tabs.
Civil cases
Page 14 | 18. Courtesy Copies
Courtesy copies of appendices and exhibits should include hard tabs.
Courtesy copies of appendices and exhibits should include hard tabs.
Civil cases
Page 16 | Courtesy Copies
Sealing & Redaction Procedures
A redacted version of any sealed document must be filed electronically within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 13 | 17. Papers Filed Under Seal
A redacted version of each sealed document must be filed electronically within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 16 | Papers Filed Under Seal
The parties may file their tutorial under seal, subject to any protective order in effect.
parties may choose to file their tutorial under seal, subject to any protective order in effect.
Civil cases
Page 9 | Technology Tutorials
The parties may file the tutorial under seal, subject to any protective order in effect.
The parties may choose to file their tutorial under seal, subject to any protective order in effect.
Civil cases
Page 8 | Technology Tutorials
Filing Bundling Requirements
The parties must combine their unfiled claim construction briefs into one joint brief and file it by the specified date.
Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on . No later than , the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Civil cases
Page 9 | Claim Construction Issue Identification
Motions in limine may not be filed separately.
Motions in limine shall not be separately filed.
Civil cases
Page 11 | Motions in Limine
Separate briefing on in limine requests is prohibited unless the Court permits it.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 12 | Motions in Limine
The parties must combine their served briefs into one sequentially organized Joint Claim Construction Brief and file it by the scheduled date.
No later than , the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Civil cases
Page 10 | Technology Tutorials
In limine motions and briefing must not be filed separately; requests and responses must be included in the proposed pretrial order unless the Court permits otherwise.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 16 | Motions in Limine
Pre-Motion Conference Requirements
A discovery motion must comply with the following procedures before filing or it will be denied without prejudice to renew.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.
Civil cases
Page 4 | Discovery
Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:
Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:
Civil cases
Page 5 | Discovery
For motions to amend, a moving party may file a reply letter within three days, and the parties must file a letter requesting a teleconference by that same date.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
Civil cases
Page 7 | Motions to Amend
For motions to strike, an opposing party must file a responsive letter within seven days after filing, and the moving party may reply within three days thereafter; the parties must request a teleconference by the reply date.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
Civil cases
Page 7 | Motions to Strike
Before pursuing a discovery or protective-order dispute, counsel must make good-faith efforts to resolve it, including verbal communications among Delaware and Lead Counsel; the parties must submit a joint letter to request a discovery teleconference, and the party seeking relief must file a letter outlining the disputed issues and its position.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: On a date to be set by separate order, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
The party seeking relief must file its dispute letter on a date set by separate order, generally at least 48 hours before the conference.
On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
For a motion to amend, the opposing party must file a responsive letter within seven days, and the moving party may reply within three days thereafter; the parties must request a teleconference by the reply date.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
Civil cases
Page 7 | Motions to Amend
For a motion to strike, the opposing party must file a responsive letter within seven days, and the moving party may reply within three days thereafter; the parties must request a teleconference by the reply date.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
Civil cases
Page 8 | Motions to Strike
Before applying for a protective order, counsel should confer and try to agree on a proposed order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.
Civil cases
Page 15 | Application to Court for Protective Order
Before applying for a protective order, counsel should confer and attempt to agree on a proposed order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.
Civil cases
Page 13 | 16. Application to Court for Protective Order
After the telephone conference, the Court may order further briefing; it may instead resolve the dispute beforehand and cancel the conference.
Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.
Civil cases
Page 7 | Discovery
The Court may order further briefing after the telephone conference or resolve the dispute beforehand and cancel the conference.
Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.
Civil cases
Page 6 | Discovery
Adjournment & Extension Requirements
For good cause shown, the United States may request an alteration to the presumptive response schedule; the order does not state that the alteration is automatically granted.
For good cause shown, the United States may request an alteration to the presumptive schedule;
Criminal cases
Page 1 | STANDING ORDER
Chambers Communication Rules
The Joint Claim Construction Chart must be emailed to the stated address simultaneously with filing.
The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.
Civil cases
Page 8 | Claim Construction Issue Identification
Delaware counsel must email the GBW Civil mailbox each day to receive juror lunch requests.
Delaware counsel shall email gbw_civil@ded.uscourts.gov each day to receive the juror lunch requests.
Civil cases
Page 1 | Juror Lunch & Snacks
Delaware counsel must email the Court by 6:00 a.m. about objections to evidence to be presented that trial day.
Delaware counsel, on behalf of the parties, shall notify the Court by email (gbw_civil@ded.uscourts.gov) by 6:00 a.m. of any objections to demonstratives, witnesses, deposition designations, or other evidence to be presented that trial day.
Civil cases
Page 1 | Dispute Resolutions / Objections
The parties must email chambers revised proposed final jury instructions and a revised verdict sheet before the charge conference.
Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.
Civil cases
Page 3 | Charge Conference
If electronic exhibits are used, the parties must notify the Court or deputy before closings begin.
If there are electronic exhibits, the parties must notify the Court (or deputy) prior to the start of closings.
Civil cases
Page 3 | Exhibits for the Jury
The parties must email the court reporter and chambers the required trial materials at least three business days before trial.
At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys’ and witnesses’ names.
Civil cases
Page 3 | Court Reporter
The Joint Claim Construction Chart must be emailed to the specified address simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.
Civil cases
Page 9 | Technology Tutorials
Trial correspondence should be sent through Delaware counsel using the GBW Civil mailbox.
Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox (gbw_civil@ded.uscourts.gov).
Civil cases
Page 1 | Communications to Chambers
When possible, the parties are encouraged to bring issues to the Court’s attention before testimony.
The parties are encouraged to bring issues to the Court’s attention in advance of testimony, when possible.
Civil cases
Page 2 | Dispute Resolutions / Objections