Judge Jennifer L. Hall
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Document Filed in Support of Brief
- 2 copies
Brief, Supporting Document
- 2 copies
Courtesy copies
- 1 copy • Email
Joint Proposed Final Pretrial Order
- 2 copies
Communication
Page & Word Limits23 rules
The moving and opposing parties’ discovery-dispute letters are each limited to three pages.
- Moving party discovery dispute letter
- Up to 3 pages
- Opposition discovery dispute letter
- Up to 3 pages
Court's wording
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each
- Concise statement
- Up to 6 pages
For summary judgment, the opposing response is limited to six pages, the opposing party’s separate concise statement to four pages, and the moving party’s reply response to four pages.
- Opposition response to moving concise statement
- Up to 6 pages
- Opposing party separate concise statement
- Up to 4 pages
- Moving party reply response to opposing concise statement
- Up to 4 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. 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. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. 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.
Argument supporting or opposing each in limine request is limited to three pages, and reply argument is limited to one page.
- Supporting argument
- Up to 3 pages
- Opposition argument
- 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 (1) 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).
with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues.
- Page limit
- Up to 3 pages
On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
- Opposition letter
- Up to 3 pages
The claim-construction opening, answering, reply, and sur-reply briefs are limited to 20, 30, 20, and 10 pages, respectively.
- Opening brief
- Up to 20 pages
- Answering brief
- Up to 30 pages
- Reply brief
- Up to 20 pages
- sur-reply brief
- Up to 10 pages
Court's wording
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on __________, 20___. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________, 20___.
The moving party’s concise statement accompanying a summary judgment motion is limited to six pages.
- Moving party concise statement
- 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 pages, which details each material fact that 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.
The opposing response is limited to six pages, and any separate concise statement the opposing party elects to include is limited to four pages.
- Opposing response to concise statement
- Up to 6 pages
- Opposing party concise statement
- Up to 4 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 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. The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
When a party files a Daubert motion in addition to a case-dispositive motion, each side’s combined limits increase to 50 pages 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 the covered case-dispositive and Daubert motions across this and related coordinated cases totals no more than 250 pages for all parties.
- 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 total for opening briefs, 40 for answering briefs, and 20 for reply briefs.
- 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
Each party is permitted to file as many case dispositive motions as desired, 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.
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
- Reply response to concise statement
- Up to 4 pages
- Summary judgment motions
For each in limine request, supporting and opposing argument are limited to three pages each and reply argument to one page, with submissions combined when multiple parties support or oppose.
- In limine support
- Up to 3 pages
- In limine opposition
- Up to 3 pages
- Motions in limine
Court's wording
Each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one 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 page submission (and, if the moving party, a single one page reply), unless otherwise ordered by the Court.
[For non-ANDA cases] 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.
- Opening brief
- Up to 20 pages
- Answering brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
- Post-trial motions
The moving party’s dispute letter and any opposing party’s letter are each limited to three pages; the court-ordered filing dates are generally at least 72 and 48 hours before the conference, respectively, excluding weekends and holidays.
- Opposition letter
- Up to 3 pages
- Discovery dispute motions
Court's wording
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that 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
- Concise statement of facts
- Up to 6 pages
- Summary judgment motions
An opposing party must file a response to the moving party’s concise statement, limited to six pages, addressing each paragraph and citing the record for disputed facts.
- Concise statement response
- Up to 6 pages
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 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.
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
- Reply concise statement response
- Up to 4 pages
The opposing party may file a separate concise statement of material disputed facts, limited to four pages, with each fact separately numbered and supported by record citations.
- Opposing 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 pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Argument supporting or opposing an in limine request is limited to three pages each, and the requesting side may use one additional reply page.
- In limine support
- Up to 3 pages
- In limine opposition
- Up to 3 pages
- Motions in limine
Court's wording
Each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one 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-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by the Court.
Document Format Requirements9 rules
Discovery-dispute letters must use 12-point font.
- Font size
- 12 points
Court's wording
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.
shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, emailed to egt_civil@ded.uscourts.gov.
Formatting
- •Electronic files of these documents must be in Microsoft Word format
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
Formatting
- •Electronic files of these documents must be in Microsoft Word format
The parties shall e-mail a copy of the amended Joint Claim Construction Chart in Microsoft Word format to jlh_civil@ded.uscourts.gov.
- Amended joint claim construction chart
Formatting
- •Microsoft Word format
Document Filing Requirements76 rules
Every 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.
The motion for sealing or redaction must include the complete transcript highlighted to identify the proposed material and a proposed redacted or sealed transcript.
Court's wording
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute.
- Document
- Moving party discovery dispute letter
Must include
- •Proposed order
Any such motion shall attach the proposed amended pleading (as well as a “redline” comparison to the prior pleading) or the document proposed to be stricken.
On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each
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.
Except as otherwise specified herein, any application to the Court shall be by written motion.
Opposing papers must include a paragraph-by-paragraph response admitting or disputing the facts in the moving party’s concise statement.
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.
Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.
Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the preparation of the joint proposed final pretrial order.
The in limine request and any response shall contain the authorities relied upon;
- Document
- In limine request and response
Must include
- •Contain the authorities relied upon
The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.
- Document
- Proposed final pretrial order
Must include
- •Table of contents
[Counsel Shall Provide a Chart of All Relevant Deadlines]
Any proposed protective order must include the specified paragraph concerning disclosure of confidential information in other proceedings.
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.
A transcript sealing or redaction motion must attach a highlighted complete transcript and a proposed redacted or sealed transcript, and the request must show good cause and clearly defined serious injury.
Court's wording
and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Any motion to strike shall attach the document sought to be stricken.
The discovery-dispute submission must include a proposed order and, when the dispute concerns discovery responses, the disputed requests and responses as exhibits.
- Document
- Discovery dispute submission
Must include
- •Proposed order
Court's wording
This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.
Any motion to amend shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.
On __________, 20___, 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).
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. If a party proposes a construction of a term to be its “plain and ordinary” meaning, the party must explain what that meaning is and how it differs from the other party’s proposed construction.
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.
The parties’ briefing must also explain how resolution of the dispute is relevant to an issue in the case.
If a party proposes a construction of a term to be its “plain and ordinary” meaning, the party must explain what that meaning is and how it differs from the other party’s proposed construction.
For each term in dispute, there should be a table setting forth the term in dispute and the parties’ competing constructions.
The amended Joint Claim Construction Chart must list all agreed constructions and all terms still in dispute.
Court's wording
No earlier than __________________, 20__ [no earlier than three weeks before the claim construction hearing and no later than one week before the claim construction hearing], Delaware and Lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended Joint Claim Construction Chart that sets forth all agreed-upon constructions and all terms that remain in dispute.
The parties shall include a joint appendix that contains a copy of the patent(s) at issue, all relevant intrinsic evidence, and any other evidence cited in the parties’ briefing.
Absent agreement among the parties, and approval of the Court, no later than _______________, 20___, the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.
The joint letter must state whether the parties request leave to present hearing testimony and how much hearing time they seek.
Court's wording
The parties shall notify the Court, by joint letter submission, no later than the date on which their Joint Claim Construction brief is filed (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.
On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
The amended chart must be accompanied by a letter identifying the meet-and-confer participants, timing, method, duration, and whether the discussion produced agreements or narrowed disputes.
Court's wording
The amended Joint Claim Construction Chart shall be filed with a letter identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred, and how long it lasted. If no additional agreements on constructions were reached or if no dispute was narrowed, the letter shall so state.
Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
An opposing party must respond to each fact paragraph, support any dispute with record citations, and understand that an unanswered fact is treated as undisputed.
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 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.
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
A summary judgment motion must include a separate concise statement identifying the material facts the moving party says are essential and undisputed.
Court's wording
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that 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.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
Except as otherwise specified herein, any application to the Court shall be by written motion.
Filing & Service rules
Electronic Filing Rules
Mediation statements must not be e-filed or docketed.
Mediation statements are not to bee-filed or docketed.
Page 1 | STANDING ORDER
Communications about the ADR or mediation process, including scheduling communications, must not be e-filed or docketed.
IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to bee-filed or docketed.
Page 1 | STANDING ORDER
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 must be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 2 | Papers Filed Under Seal
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 days of the filing of the sealed document.
Civil cases
Page 2 | 4. Papers and Proceedings 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 days of the filing of the sealed document.
Civil cases
Page 2 | Papers and Proceedings Under Seal
Filing Timing and Cure Windows
Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].
Civil cases
Page 1 | Joinder of Other Parties and Amendment of Pleadings
Unless the parties agree otherwise, initial disclosures are due within five days after the Court enters the Order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date this Order is entered by the Court.
Civil cases
Page 1 | Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard
The motion for sealing or redaction must be filed promptly after the transcript is completed.
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.
Civil cases
Page 2 | Papers Filed Under Seal
The redacted version of a sealed document is due 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 must be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 2 | Papers Filed Under Seal
The moving party must file its discovery-dispute letter on the court-ordered date, generally at least 72 hours before the conference.
On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues.
Civil cases
Page 5 | Discovery Matters and Disputes Relating to Protective Orders
An objection to expert testimony under Daubert must be made by motion no later than the case-dispositive-motion deadline unless the Court orders otherwise.
To the extent that 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
An opposing party may file its discovery-dispute letter on the court-ordered date, generally at least 48 hours before the conference.
On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline without leave of Court.
No case dispositive motion under Federal Rule of Civil Procedure 56 may be filed more than ten (10) days before the above date without leave of the Court.
Civil cases
Page 6 | Case Dispositive Motions
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [DATE] [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 filed on or before [DATE] [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].
Civil cases
Page 6 | Case Dispositive Motions
The parties must file proposed voir dire, preliminary and final jury instructions, and special verdict forms at least seven days before the final pretrial conference.
At least seven (7) days before the final pretrial conference, the parties shall file proposed voir dire, preliminary jury instructions, final jury instructions and special verdict forms pursuant to Local Rules 47.1(a)(2) and 51.1.
Civil cases
Page 8 | 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 and comply with the cited rules.
Not later than seven (7) days before the pretrial conference, the parties shall file a joint proposed final pretrial order in compliance with Federal Rule of Civil Procedure 26(a)(3) and Local Rule 16.3(c) & (d)(4).
Civil cases
Page 8 | Pretrial Conference
Unless the parties agree otherwise, they must make initial disclosures within five days after the Court enters the Order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.
Civil cases
Page 1 | 1. Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard
Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________, 20___.
Civil cases
Page 1 | 2. Joinder of Other Parties and Amendment of Pleadings
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 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 days from the date the Court enters this Order.
Civil cases
Page 2 | 3. Application to Court for Protective Order
A motion to seal or redact a transcript must be filed promptly after the transcript is completed.
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction,
Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
The redacted version of a sealed document is due 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 days of the filing of the sealed document.
Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
The moving party must file on the date set by court order, generally at least 72 hours before the discovery telephone conference, excluding weekends and holidays.
The Court will thereafter order a discovery telephone conference and deadlines for submissions. On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
In non-ANDA cases, a Daubert objection must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise, and the motion is subject to the page limits for case-dispositive-motion briefing.
[For non-ANDA cases] 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. Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions.
Civil cases
Page 6 | Objections to Expert Testimony
In ANDA cases, a Daubert objection must be raised by motion no later than 14 days after expert discovery closes, unless the Court orders otherwise; briefing follows the Court’s Local Rules.
[For ANDA cases] 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 days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local Rules.
Civil cases
Page 6 | Objections to Expert Testimony
The parties must file the Joint Claim Construction Brief no later than the date to be supplied.
No later than __________, 20___, the parties shall file a Joint Claim Construction Brief.
Civil cases
Page 8 | 12. Claim Construction Briefing
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed two weeks prior to service of the opening claim construction brief.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed two weeks prior to service of the opening claim construction brief.
Civil cases
Page 8 | 11. Claim Construction Issue Identification
Delaware and Lead counsel must meet and confer and file an amended claim-construction chart within the stated window of three weeks to one week before the hearing.
No earlier than __________________, 20__ [no earlier than three weeks before the claim construction hearing and no later than one week before the claim construction hearing], Delaware and Lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended Joint Claim Construction Chart that sets forth all agreed-upon constructions and all terms that remain in dispute.
Civil cases
Page 9
Counsel must submit the interim status letter on the date specified in the scheduling order.
On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
Civil cases
Page 10 | 15. Interim Status Report
The parties’ final supplementation is due by the date specified in the scheduling order unless the parties agree and the Court approves otherwise.
Absent agreement among the parties, and approval of the Court, no later than _______________, 20___, the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.
Civil cases
Page 10 | 14. Supplementation
By the date their joint claim-construction brief is filed, the parties must jointly notify the Court whether they seek to present testimony and how much hearing time they request.
The parties shall notify the Court, by joint letter submission, no later than the date on which their Joint Claim Construction brief is filed (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 | 13. Hearing on Claim Construction
A Rule 56 case-dispositive motion may not be filed more than ten days before the specified date without leave of court.
No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
Civil cases
Page 11
Case-dispositive motions, opening briefs, and supporting affidavits must be filed by the specified date, which is set so briefing finishes approximately four months before the pretrial conference.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before __________, 20___ [calculated so that briefing is completed approximately four months prior to the pretrial conference].
Civil cases
Page 11
A party asserting a patent must file a Notice of IPR/PGR Event within seven days of any listed IPR/PGR action concerning that patent.
Any party asserting a patent must file a “Notice of IPR/PGR Event” within seven days of any of the following actions taken on that patent: petition for inter partes review/post grant review (regardless of whether a party filed the petition), institution decision, final written decision, appeal to the Federal Circuit, Federal Circuit decision.
Civil cases
Page 13 | 19. IPRs/PGRs
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 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 days before the final pretrial conference.
Civil cases
Page 14 | 22. Jury Instructions, Voir Dire, and Special Verdict Forms
The parties must file a joint proposed final pretrial order complying with Local Rule 16.3(c) 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) not later than seven days before the pretrial conference.
Civil cases
Page 14 | 21. 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 14 | 21. Pretrial Conference
The parties must jointly submit a proposed judgment order within seven days after a jury returns a verdict in any portion of a jury trial.
Within seven 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 14 | 24. Judgment on Verdict and Post-Trial Status Report
Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order, which is left blank in this template.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________, 20___.
Civil cases
Page 1 | Joinder of Other Parties and Amendment of Pleadings
Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after the Court enters the Order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.
Civil cases
Page 1 | Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard
submit it to the Court within ten days from the date the Court enters this Order.
submit it to the Court within ten days from the date the Court enters this Order.
Civil cases
Page 2 | Application to Court for Protective Order
The redacted version of a sealed document is due 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 days of the filing of the sealed document.
Civil cases
Page 2 | Papers and Proceedings Under Seal
A Daubert-based 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 4 | Objections to Expert Testimony
The party seeking relief must file its dispute letter on the court-ordered date, generally at least 72 hours before the conference, excluding weekends and holidays.
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues.
Civil cases
Page 5 | 7(g) Discovery Matters and Disputes Relating to Protective Orders
A Rule 56 case-dispositive motion may not be filed more than ten days before the specified filing date without leave of court.
No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
Civil cases
Page 6 | 9. Case Dispositive Motions
Case-dispositive motions, their opening briefs, and supporting affidavits must be served and filed by the specified date, calculated so briefing finishes approximately four months before the pretrial conference.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before __________, 20___ [calculated so that briefing is completed approximately four months prior to the pretrial conference].
Civil cases
Page 6 | 9. Case Dispositive Motions
Unless otherwise ordered, 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 8 | Pretrial Conference
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) not later than seven days before the pretrial conference.
Civil cases
Page 8 | Pretrial Conference
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 2 | Application to Court for Protective Order
Technology tutorials are optional, but any tutorial a party chooses to file must be submitted no later than the Joint Claim Construction Brief filing date.
Although technology tutorials are not required by the Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed.
Civil cases
Page 7 | 10. Technology Tutorials
Reply expert reports from the party with the initial burden of proof are due by a date left blank in the document.
Reply expert reports from the party with the initial burden of proof are due on or before __________, 20___.
Civil cases
Page 4 | Disclosure of Expert Testimony
The party with the initial burden of proof must make its initial Rule 26(a)(2) expert disclosure by a date left blank in the document.
For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before __________, 20___.
Civil cases
Page 4 | Disclosure of Expert Testimony
The supplemental disclosure to contradict or rebut another party’s evidence is due by a date left blank in the document.
The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before __________, 20___.
Civil cases
Page 4 | Disclosure of Expert Testimony
An opposing party may file its opposition letter on the court-ordered date, generally at least 48 hours before the conference, excluding weekends and holidays.
On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
Civil cases
Page 5 | 7(g) Discovery Matters and Disputes Relating to Protective Orders
In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms seven 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 days before the final pretrial conference.
Civil cases
Page 8 | Jury Instructions, Voir Dire, and Special Verdict Forms
Service and Proof of Service Rules
The parties must serve their claim-construction briefs on the specified dates without filing those briefs individually.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on __________, 20___. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________, 20___.
Civil cases
Page 8 | 12. Claim Construction Briefing
On the date to be supplied, the parties must exchange their proposed claim-term list, which is not filed with the Court.
On __________, 20___, 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). This document will not be filed with the Court.
Civil cases
Page 8 | 11. Claim Construction Issue Identification
Case-dispositive motions, opening briefs, and supporting affidavits must be served by the specified date.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before __________, 20___ [calculated so that briefing is completed approximately four months prior to the pretrial conference].
Civil cases
Page 11
Case-dispositive motions, their opening briefs, and supporting affidavits must be served by the specified filing date.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before __________, 20___ [calculated so that briefing is completed approximately four months prior to the pretrial conference].
Civil cases
Page 6 | 9. Case Dispositive Motions
Courtesy Copy Requirements
The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. Exhibits and attachments must be separated by tabs, and the parties should highlight the portions of the exhibits and attachments that they wish the Court to read.
The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. Exhibits and attachments must be separated by tabs, and the parties should highlight the portions of the exhibits and attachments that they wish the Court to read.
Civil cases
Page 3 | Courtesy Copies
The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
The parties shall provide the Court two (2) double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 8 | Pretrial Conference
The referenced documents must be accompanied by one courtesy copy emailed to the specified address.
shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, emailed to egt_civil@ded.uscourts.gov.
Civil cases
Page 9
The parties must provide two double-sided courtesy copies of all briefs and documents filed in support of briefs, including papers filed under seal.
The parties shall provide to the Court two courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided.
Civil cases
Page 3 | 5. Courtesy Copies
Each party must submit two double-sided courtesy copies of its letter and supporting documents to the Clerk’s Office within one day of e-filing.
Each party shall submit two courtesy copies of its letter and any other document filed in support to the Clerk’s Office within one day of e-filing. All courtesy copies shall be double-sided.
Civil cases
Page 7
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
Civil cases
Page 14 | 22. Jury Instructions, Voir Dire, and Special Verdict Forms
The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 14 | 21. Pretrial Conference
The parties must provide two double-sided courtesy copies of briefs and supporting documents, including papers filed under seal.
The parties shall provide to the Court two courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided.
Civil cases
Page 3 | Courtesy Copies
Each party must deliver two double-sided courtesy copies of its letter and supporting documents to the Clerk’s Office within one day of e-filing.
Each party shall submit two courtesy copies of its letter and any other document filed in support to the Clerk’s Office within one day of e-filing. All courtesy copies shall be double-sided.
Civil cases
Page 6 | 7(g) Discovery Matters and Disputes Relating to Protective Orders
The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and its attachments.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 8 | Pretrial Conference
by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
Civil cases
Page 9
Sealing & Redaction Procedures
Statements and communications made during or in relation to court-sponsored ADR are confidential and may not be disclosed unless authorized by the Court or agreed to by the parties; the process is not open to the public.
The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited , except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.
Page 1 | STANDING ORDER
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 must be filed electronically within seven (7) days of the filing of the sealed document.
Civil cases
Page 2 | Papers Filed Under Seal
A party seeking sealing or redaction of a transcript must promptly file a motion after transcript completion and attach a highlighted complete transcript and a proposed redacted or sealed transcript.
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.
Civil cases
Page 2 | Papers Filed Under Seal
A party seeking redactions must show good cause and explain how disclosure would cause a clearly defined and serious injury.
demonstrate why good cause exists for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Civil cases
Page 3 | Papers Filed Under Seal
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
A redacted version of every 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 days of the filing of the sealed document.
Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
A redacted version of every 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 days of the filing of the sealed document.
Civil cases
Page 2 | Papers and Proceedings Under Seal
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Civil cases
Page 2 | Papers and Proceedings Under Seal
A party intending to seek sealing or redaction of a proceeding transcript should state that intent at the start of the proceeding.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding.
Civil cases
Page 2 | Papers Filed Under Seal
Filing Bundling Requirements
Motions in limine must not be filed separately; the requests and responses must be included in the proposed pretrial order.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Civil cases
Page 7 | 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 8 | Motions in Limine
The parties must file one Joint Claim Construction Brief by the specified date, combining their unfiled briefs and arranging their positions term by term in sequence.
No later than __________, 20___, 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 8 | 12. Claim Construction Briefing
In limine motions and separate briefing may not be filed; 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 13 | 20. Motions in Limine
Motions in limine must not be filed separately; requests and responses must be included in the proposed pretrial order.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Civil cases
Page 7 | 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 8 | Motions in Limine
Pre-Motion Conference Requirements
(i) Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. (ii) Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute. The text for this motion can be found in the “Forms” section of Magistrate Judge Tennyson’s portion of the Court’s website. (iii) After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition. (iv) Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference.
(i) Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. (ii) Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute. The text for this motion can be found in the “Forms” section of Magistrate Judge Tennyson’s portion of the Court’s website. (iii) After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition. (iv) Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference.
Civil cases
Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend pleadings and motions to strike pleadings or other documents must follow the discovery-dispute procedure in Paragraph 7(g).
Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g) above.
Civil cases
Page 6 | Motions to Amend / Motions to Strike
The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a discovery telephone conference and deadlines for submissions.
The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a discovery telephone conference and deadlines for submissions.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend pleadings and motions to strike pleadings must follow the discovery-dispute procedure in Paragraph 8(g).
Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g), above.
Civil cases
Page 7 | 9. Motions to Amend / Motions to Strike
The court sets the date for any opposition letter, may order further briefing after the conference, or may resolve the dispute and cancel the conference beforehand.
On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and cancel the conference.
Civil cases
Page 7
Before requesting the teleconference, the parties must have participated in a verbal meet-and-confer involving at least one Delaware Counsel and one Lead Counsel per party.
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): [LIST DATE(S)].
Civil cases
Page 1 | MOTION FOR TELECONFERENCE TO RESOLVE [DISCOVERY/PROTECTIVE ORDER] DISPUTES
The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a telephone conference and deadlines for submissions.
The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a telephone conference and deadlines for submissions.
Civil cases
Page 5 | 7(g) Discovery Matters and Disputes Relating to Protective Orders
Motions to amend pleadings, including motions for leave to amend, and motions to strike pleadings must follow the discovery-dispute procedure in Paragraph 7(g).
Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g), above.
Civil cases
Page 6 | 8. Motions to Amend / Motions to Strike
Before seeking a protective order, counsel should confer and try to agree on a proposed form; if they cannot agree, they must follow Paragraph 7(g).
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. If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 7(g) below.
Civil cases
Page 2 | Application to Court for Protective Order
Before seeking a protective order, counsel should confer and try to agree on a proposed order for submission to the Court.
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 days from the date the Court enters this Order.
Civil cases
Page 2 | 3. Application to Court for Protective Order
Before seeking a protective order, counsel should confer and attempt to agree on a proposed form of 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
Civil cases
Page 2 | Application to Court for Protective Order
Chambers Communication Rules
The parties must email a Microsoft Word copy of the amended chart to the specified court address.
The parties shall e-mail a copy of the amended Joint Claim Construction Chart in Microsoft Word format to jlh_civil@ded.uscourts.gov.
Civil cases
Page 10
Communications about the ADR or mediation process must be made as designated or ordered by the Magistrate Judge.
Such communications are to be made as designated or ordered by the Magistrate Judge.
Page 1 | STANDING ORDER
by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.
Civil cases
Page 9