Judge Richard G. Andrews
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 2 copies
Brief, Appendix, Exhibits, Declarations, Affidavits
- 2 copies
Courtesy copies
- 1 copy
- 1 copy • Within 1 Hour
Adjournments
- Objections to expert reports must be raised within one week of submission.
Communication
Chambers
Page & Word Limits21 rules
Parties may use word count (250 words per page) as an alternative to page limits for double-spaced submissions.
- Word limit
- Up to 5,000 words
- Format
- Double-spaced
Court's wording
For all double-spaced submissions where there are page limits specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250).
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.
In limine requests limited to 3 per party with 3-page argument limits.
- In limine request
- Up to 3 pages per party
- In limine motions
Court's wording
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
In limine requests are limited to 3 pages of argument, opposition limited to 3 pages, and reply limited to 1 page.
- Opposition
- Up to 3 pages
Court's wording
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
Party seeking relief in discovery dispute must file letter not exceeding 3 pages at least 48 hours before hearing.
- Letter
- Up to 3 pages
Court's wording
Unless otherwise ordered, by no later than forty- eight hours prior to the hearing, 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.
By no later than twenty-four hours prior to the hearing, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
- Letter
- Up to 3 pages
Discovery dispute letters limited to 3 pages; 48-hour and 24-hour filing deadlines.
- Letter
- Up to 3 pages
Court's wording
by no later than forty- eight hours prior to the hearing, 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. By no later than twenty-four hours prior to the hearing, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on ________.
- sur-reply brief
- Up to 2,500 words
Plaintiff shall serve, but not file, its opening brief, not to exceed 7,500 words, on ________.
- Opening brief
- Up to 7,500 words
Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on ________.
- Reply brief
- Up to 5,000 words
Page limits for Daubert and case dispositive motions: 40 pages for opening and answering briefs, 20 pages for reply briefs.
- Brief
- Up to 40 pages per side
- Daubert motions
- Case dispositive motions
Court's wording
Absent an order of the Court upon a showing of good cause, each side is limited to one forty-page opening brief, one forty- page answering brief, and one twenty-page reply brief for all of its Daubert and case dispositive motions.
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).
Discovery dispute letters seeking relief are limited to 3 pages and must be filed 7 business days before the conference.
- Letter
- Up to 3 pages
Court's wording
By no later than seven business days prior to the conference/argument, any 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.
Claim construction argument limited to 3 hours with no testimony unless court approves via joint letter.
Court's wording
Absent prior approval of the Court (which, if it is sought, must be done so by joint letter submission no later than the date on which answering claim construction briefs are due), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.
Each party limited to 3 in limine requests with strict page limits for arguments and replies.
- Page limit
- Up to 3 pages per party
- In limine motions
Court's wording
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party 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). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
In limine requests limited to 3 pages support, 3 pages opposition, 1 page reply.
- Opposition
- Up to 3 pages
- Motion
- Reply
Court's wording
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request
By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's opposition.
- Letter
- Up to 3 pages
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.
Page limits for Daubert and dispositive motions: 40 pages for opening/answering, 20 pages for reply.
- Opening brief
- Up to 40 pages per side
- Answering brief
- Up to 40 pages per side
- Reply brief
- Up to 20 pages per side
- Daubert motions
- Case dispositive motions
Court's wording
Absent an order of the Court upon a showing of good cause, each side is limited to one forty-page opening brief, one forty- page answering brief, and one twenty-page reply brief for all of its Daubert and case dispositive motions.
Word count alternative to page limits: 250 words per page with certification required.
- Word limit
- Up to 250 words
- Format
- Double-spaced
Court's wording
For all double-spaced submissions where there are page limits specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.
Claim construction briefs have word limits: opening brief 7,500 words, reply brief 5,000 words, sur-reply brief 2,500 words.
- Opening brief
- Up to 7,500 words
- Reply brief
- Up to 5,000 words
- sur-reply
- Up to 2,500 words
Court's wording
Claim Construction Briefing4. Plaintiff shall serve, but not file, its opening 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 ________.
Document Format Requirements6 rules
The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.
- File type
- WordPerfect
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.
- File type
- Word
- Joint claim construction chart
Formatting
- •Must be emailed simultaneously with filing
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.
- File type
- Word
- Claim construction chart
order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.
- File type
- Word
The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.
- File type
- Word
The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.
- File type
- WordPerfect
Document Filing Requirements43 rules
To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.
- Placement
- Certificate section
Must include
- •Word count
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ___________
Daubert objections must be made by dispositive motion deadline
Court's wording
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., 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.
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 no later than 5 p.m. on the third business day before the date of the final pretrial conference. The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.
- Document
- Jury instructions
Should include
- •Proposed voir dire
- •Special verdict forms
- •Final jury instructions
- •Preliminary jury instructions
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 no later than 5 p.m. on the third business day before the date of the final pretrial conference.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the third business day before the date of the final pretrial conference.
Any 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 as confidential 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 parties need not include any general summaries of the law relating to claim construction.
The Joint Claim Construction Chart should include an explanation of why resolution of the dispute makes a difference.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
In this joint submission, the parties shall not provide argument.
The parties shall copy and past their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
No later than ___________, the parties shall file a Joint Claim Construction Brief.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____________, 20__.
A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with the Joint Claim Construction Chart.
The 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.
For each term in dispute, there should be a table or the like setting forth the term in dispute, the parties’ competing constructions, and why resolution of the dispute matters. The table does not count against the word limits.
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 of this Order.
The Parties are required to submit a joint statement no later than one week before the pretrial conference.
Mandatory in-person mediation with joint statement required one week before pretrial conference.
Court's wording
The Parties are required to engage in good faith in an in-person mediation. They are to hire a jointly agreed-upon mediator. The timing of mediation efforts is left to the discretion of the Parties, but the mediation efforts need to be conducted in advance of the pretrial conference. The Parties are required to submit a joint statement no later than one week before the pretrial conference. The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith.
Joint mediation statement must include mediator ID, lead counsel, mediation length, and good faith certification.
Court's wording
The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith.
Joint claim construction brief filing requires simultaneous motion requesting hearing and stating requested argument time.
Court's wording
When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the above- scheduled claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.
Parties must file a Joint Claim Construction Brief by copying unfiled briefs into one document with positions in sequential order.
Court's wording
No later than ___________, the parties shall file a Joint Claim Construction Brief. The parties shall copy and past their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Plaintiff2 should advise whether it expects to institute any further litigation in this or other Districts within the next year. Defendant should advise whether it expects to file one or more IPRs and, if so, when.
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 no later than 6 p.m. on the fourth business day before the date of the final pretrial conference.
the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 6 p.m. on the fourth business day before the date of the final pretrial conference.
Protective orders must include paragraph about disclosure 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 as confidential 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 parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the fourth business day before the date of the final pretrial conference.
- Document
- Joint proposed final pretrial order
Must include
- •Compliance with local rule
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
- Document
- Non-dispositive motion
Must include
- •Local rule certificate
All parties shall be prepared to discuss at the conference what their preliminary views of damages are.
Must include
- •Preliminary damages views
The parties should set forth a statement identifying any other pending or completed litigation including IPRs involving one or more of the asserted patents.
Suppression motion responses must include position on evidentiary hearing
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.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
As each brief is written and provided to the opposing party, the individual responsible for verifying the word count will represent to the other party that it has so verified and by what means. These verifications should not be provided to the Court unless a dispute arises about them.
Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(f) above.
- Document
- Protective order
Must include
- •Follow paragraph 3(f)
This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution.
Parties must exchange claim construction lists but not file them with the Court.
Court's wording
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)3. This document will not be filed with the Court.
Parties should schedule claim/prior art reduction before claim construction and after ruling.
Court's wording
The parties, if they think it necessary, should set times in the schedule for reducing the number of asserted claims and asserted prior art used for anticipation and obviousness combinations. The usual points where the Court will consider such limits are before claim construction and after a ruling on claim construction.
Discovery disputes are referred to magistrate judge, but referral is optional.
Court's wording
This matter is referred to a magistrate judge to handle all discovery disputes including any that arise in connection with expert reports. (This referral is optional, and should be deleted unless all parties agree to it.)
Parties may agree to patent disclosure timetable in scheduling order.
- Document
- Scheduling order
Should include
- •Patent disclosure timetable
Court's wording
The parties may, if they choose, agree to a timetable for initial patent disclosures either as set forth in the Delaware Default Standard for Discovery or as agreed to by the parties, and the parties should set forth any such agreement in the scheduling order.
Protective orders must include required 'Other Proceedings' paragraph about limiting disclosure.
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 disclose another party's information designated as confidential 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.
Plaintiff must disclose existing licenses/settlements by scheduling conference or file proposed order 24 hours prior.
Court's wording
If one or more of the patents-in-suit have already been licensed or settlement agreements to Defendant no later than the time of the initial Rule 16(b) scheduling conference, or (2) if Plaintiff requires a Court Order to make such disclosures, Plaintiff shall file any necessary proposed orders no later than twenty-four hours before the initial Rule 16(b) scheduling conference. Plaintiff shall represent in the scheduling order that it is complying or has complied with this requirement.
Filing & Service rules
Courtesy Copy Requirements
Two courtesy copies of all briefs and one copy of supporting documents required.
The parties shall provide to the Court two courtesy copies of all briefs and one courtesy copy of 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.
Civil cases
Two courtesy copies required for briefs; one courtesy copy for supporting documents; applies to sealed papers.
The parties shall provide to the Court two courtesy copies of all briefs and one courtesy copy of 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.
Civil cases
Courtesy copy of sealed documents must be provided within one hour of e-filing.
Should any document(s) be filed under seal, a courtesy copy of the sealed document(s) must be provided to the Court within one hour of e-filing the document(s).
Civil cases
Courtesy copy of sealed documents must be provided to Court within 1 hour of e-filing.
Should any document(s) be filed under seal, a courtesy copy of the sealed document(s) must be provided to the Court within one hour of e-filing the document(s).
Civil cases
Sealing & Redaction Procedures
Sealed papers require original and copy delivered to Clerk; redacted version filed electronically within 7 days.
When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Sealed papers require original and copy to Clerk; redacted version due within 7 days.
When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Redacted version of sealed documents must be filed electronically within 7 days.
When filing papers under seal, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 4 | Papers Filed Under Seal
Redacted version of sealed documents must be filed electronically within 7 days.
When filing papers under seal, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Filing Bundling Requirements
In limine requests must be included in proposed pretrial order with page limits.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party 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). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 5 | Motions in Limine
Multiple parties supporting or opposing an in limine request must combine their submission into a single 3-page document (or single 1-page reply for moving parties).
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).
Civil cases
Page 5 | Motions in Limine
Motions in limine must not be filed separately and must be included in the proposed pretrial order instead.
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 5 | Motions in Limine
Separate briefing on in limine requests is prohibited unless court permission is obtained.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 5 | Motions in Limine
Pre-Motion Conference Requirements
Daubert objections must be filed by dispositive motion deadline unless court orders otherwise.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., 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
Pre-motion letter (max 3 pages) required for discovery disputes, with 7-day and 5-day filing deadlines.
Should counsel find 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 contact the Court’s Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any 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. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s opposition.
Civil cases
Discovery-related motions filed without leave will be denied without prejudice.
If a discovery-related motion is filed without leave of the Court, it will be denied without prejudice to the moving party’s right to bring the dispute to the Court through the discovery matters procedures set forth in this Order.
Civil cases
Discovery disputes require contacting the Case Manager to schedule a conference, with pre-conference letters (max 3 pages) due 7 days for moving party and 5 days for opposition.
Should counsel find 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 contact the Court's Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any 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. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's opposition.
Civil cases
Adjournment & Extension Requirements
United States must respond to defense pretrial motions within 21 calendar days
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
Objections to expert reports must be raised within one week of submission.
If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report.
Civil cases
United States may request extension for good cause
For good cause shown, the United States may request an alteration to the presumptive schedule;
Criminal cases
Page 1 | STANDING ORDER
Chambers Communication Rules
order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.
order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.
Civil cases
Page 3 | SCHEDULING ORDER
Jury instruction documents must be submitted in Word format via email to rga_civil@ded.uscourts.gov simultaneously with filing.
The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.
Civil cases
Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.
Civil cases