District of Delaware Adjournment & Extension Requirements

CRITICALCivil cases

Consensual adjournments of relief-from-stay motions require the debtor to make a mortgage payment by the payment deadline; otherwise the court may grant the motion upon certification.

Consensual adjournments of motions for relief from stay are conditioned upon the Debtor making a mortgage payment by this date. In the absence of the required payment, the Court will entertain an order granting the motion upon the filing of a certification of counsel.

CRITICALCivil cases

Before requesting a continuance of any matter, counsel should contact all interested parties and advise Chambers whether all parties agree or oppose the request.

Prior to requesting a continuance of any matter, counsel should contact all interested parties and advise Chambers if all parties agree or oppose the request.

CRITICALCivil cases

Continuances are prohibited for initial scheduling conferences in adversary proceedings.

Initial scheduling conferences in adversary proceedings cannot be continued.

CRITICALCriminal cases

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;

CRITICAL

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 8(g) below.

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 8(g) below.

CRITICAL

Motions to join parties or amend pleadings must be filed by specified date.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE]. Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 8(g) and 9 below.

CRITICAL

After an initial 90-day sentencing continuance, counsel for both sides may jointly request an additional continuance in writing, and the request must explain why good cause exists.

In the rare event of a 90-day continuance, if counsel for both the Government and the defendant(s) believe that good cause exists for an additional continuance beyond the initial 90-day period, then counsel may jointly request in writing an additional continuance. Any such request must state why good cause exists.

CRITICAL

A party seeking a continuance must file a motion explaining the reasons for the request.

A party seeking a continuance must submit a motion stating the reasons for the request.

CRITICAL

Any request for an extension or continuance must be made at least seven (7) days before the applicable

Any request for an extension or continuance must be made at least seven (7) days before the applicable

CRITICAL

A request to reschedule the conference must be made as early as possible and based on a pre-existing commitment; the conference will be rescheduled if lead trial counsel cannot attend.

If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference. However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.

CRITICAL

Judge Wolson will grant continuances of trial dates and other scheduled court events only in extreme circumstances.

Judge Wolson is reluctant to grant continuances of trial dates and other scheduled court events and will only do so in extreme circumstances.

CRITICAL

Absent extraordinary circumstances, the Court will not consider a sentencing continuance request exceeding 90 days.

Absent extraordinary circumstances, Judge Wolson will not consider any request for a continuance exceeding 90 days.

CRITICAL

Continuance requests may not be made by letter.

Judge Wolson does not permit continuance requests by letter.

CRITICAL

Other requests for extensions will be considered on an appropriate showing of good cause.

Judge Wolson will consider other requests for extensions on an appropriate showing of good cause.

CRITICAL

A continuance request must be filed as a motion stating its reasons at least 14 days before the scheduled trial date.

Any request for a continuance must be filed no later than fourteen (14) days in advance of the scheduled trial date. Requests for a continuance must be filed as a motion stating the reasons for the request.

CRITICAL

A witness’s unavailability at trial is not a ground to delay the commencement or progress of trial.

The unavailability of such witness will not be a ground to delay the commencement or progress of trial.

CRITICAL

If a non-incarcerated party opposes a continuance or extension, the movant may file a motion stating its basis, detailing other parties’ positions, and including a proposed order.

Contested scheduling. If a non-incarcerated party opposes a continuance or extension, the movant may move under Section IIIA. below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.

CRITICAL

Sentencing may be continued only for good cause.

Sentencing will be continued for good cause only.

CRITICAL

Letter requests are not accepted for extensions of time set by the Federal or Local Rules or scheduling Orders.

Judge Kearney will not accept letter requests for extensions of time set by the Federal or Local Rules or our scheduling Orders.

CRITICAL

A trial-date extension or continuance will not be granted without extraordinary circumstances.

A request for an extension or continuance of the trial date will not be granted absent extraordinary circumstances.

CRITICAL

Requests to extend response time or scheduling-order dates must be made by motion or stipulation demonstrating good cause.

Requests for extension of time to respond to a pleading or motion or a request for the extension of the dates in a scheduling order must be made by motion or stipulation demonstrating good cause which can be reviewed and ruled upon.

WARNING

Parties may grant extensions for motion or application responses and replies without leave of court, but the extensions cannot extend beyond the hearing-agenda filing deadline.

Parties are permitted, without leave of court, to grant extensions of time to file responses to, or replies in support of, motions and applications. However, such extensions may not extend past the deadline for filing an agenda for the hearing where such motion or application will be heard.

WARNINGProposed or draft document; may not be in force

Extensions for the referenced motions or applications may not extend beyond the deadline to file the hearing agenda.

However, such extensions may not extend past the deadline for filing an agenda for the hearing where such motion or application will be heard.

WARNINGProposed or draft document; may not be in force

Parties may grant extensions without leave of court for filing responses or replies.

Parties are permitted, without leave of court, to grant extensions of time to file responses to, or replies

WARNINGCivil cases

If the Court grants an extension of the deadline, the parties will presumptively lose their claim-construction hearing date.

Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.

WARNINGCivil cases

If the Court grants an extension of the reply-brief deadline, the parties lose their trial date, and no new trial date will be set until the dispositive motions are decided.

Should the parties later stipulate or otherwise request to have the reply brief deadline extended, the parties will lose their trial date upon the Court's granting the extension, and no new trial date will be given until the dispositive motion(s) has(have) been decided.

WARNINGCivil cases

If the Court grants an extension of the Joint Claim Construction Brief deadline, the parties presumptively lose their claim-construction hearing date.

No later than - - - - - - - [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief. (Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.)

WARNINGCivil cases

If the Court grants an extension of the Joint Claim Construction Brief deadline, the parties presumptively lose their claim-construction hearing date.

Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.

WARNINGCivil cases

If the Court grants an extension of the reply-brief deadline, the parties lose their trial date and will not receive a new one until the dispositive motions are decided.

Should the parties later stipulate or otherwise request to have the reply brief deadline extended, the parties will lose their trial date upon the Court's granting the extension, and no new trial date will be given until the dispositive motion(s) has(have) been decided.

WARNINGCriminal cases

For good cause shown, the United States may request an alteration to the presumptive response schedule; the order does not state that the alteration is automatically granted.

For good cause shown, the United States may request an alteration to the presumptive schedule;

WARNINGCriminal cases

Good cause allows alteration of the presumptive motion schedule.

For good cause shown, the United States or the Defendant may request an alteration to the presumptive schedule;

WARNINGCriminal cases

Either party may request a change to the presumptive response/reply schedule upon a showing of good cause.

For good cause shown, the United States or the Defendant may request an alteration to the presumptive schedule;

WARNINGCriminal cases

United States may request extension for good cause

For good cause shown, the United States may request an alteration to the presumptive schedule;

WARNINGCivil cases

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.

WARNING

The Court discourages sentencing continuance requests and will grant one only for good cause.

Judge Wolson discourages requests for continuances of sentencing and will continue a sentencing for good cause only.

WARNING

Judge Wolson expects the requesting party’s counsel to confer with opposing counsel and state opposing counsel’s position in the request letter.

Judge Wolson expects counsel for the party requesting an extension to confer with opposing counsel and state opposing counsel’s position in the letter.

WARNING

Continuances are strongly discouraged, and counsel may have to appear in person to argue a request if multiple continuances are sought.

Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be required to appear in person to argue the matter.

WARNING

The parties are expected to follow court-ordered scheduling dates or, absent an order, the default dates in the Federal or Local Rules unless they demonstrate good cause for a change in writing.

Unless there is demonstrated good cause in writing to justify a change, the parties are expected to adhere to the schedule contained in Orders setting obligations or, absent an Order, the default dates in the Federal or Local Rules.

INFO

The judge may approve a stipulated continuance or extension if it does not affect the trial date.

Stipulations. Judge Kearney may approve a stipulation for a continuance or extension if the continuance or extension does not affect the trial date.