District of Delaware Document Filing Requirements
1017 rules from official source documents
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- Applies to
- Proposed order
- Must include
- caption
Proposed e-orders must include all related docket numbers in the caption when uploaded.
All related docket numbers must be included in the caption of the proposed e-order when uploaded.
CRITICALCivil cases
- Applies to
- Compensation application
Applications for compensation for particular matters outside the Standard Fee or Business Standard Fee must include time records for that matter.
For applications requesting compensation and expenses for particular matters not included in the Standard Fee or the Business Standard Fee under this General Order, e.g., a final evidentiary hearing on a motion to lift stay, the attorney must include time records for the particular matter.
CRITICAL
- Applies to
- Revised proposed order
If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion (or any subsequently revised form of order filed on the docket), counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least one hour prior to the hearing.
If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion (or any subsequently revised form of order filed on the docket), counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least one hour prior to the hearing.
CRITICAL
- Applies to
- Proposed order
Exhibits to proposed orders must be uploaded as separate attachments, not embedded in the proposed order document.
Additionally, all exhibits to the proposed order must be uploaded as separate attachments.
CRITICALCivil cases
- Applies to
- Proposed order
- Must include
- proposed order
Debtors must submit a proposed fee-examiner order under counsel’s certification no later than 60 days after the Case begins.
The debtor(s) shall submit under certification of counsel, by no later than 60 days after the commencement of the Case, a proposed order regarding the appointment of a fee examiner and the establishment of related procedures concerning the fee examiner's review of the professional fee applications.
CRITICALCivil cases
- Applies to
- Proposed order
Counsel’s certification must state whether the Official Committee, if applicable, and the United States Trustee consent to the proposed order and, if not, describe the scope and basis of the dispute.
The certification shall indicate whether the proposed order has the consent of the Official Committee (if applicable) and the office of the United States Trustee; and, if not, the scope and basis of any dispute.
CRITICALCivil cases
- Applies to
- Lodestar application
A lodestar application for compensation and expenses must include time records for all work performed on the case.
The application must include time records for all work performed on the case.
CRITICAL
- Applies to
- Proposed order
- Must include
- case number
Proposed electronic orders must include all related docket numbers in the caption.
All related docket numbers must be included in the caption of the proposed e-order when uploaded.
CRITICAL
- Applies to
- Agenda
Agendas for remote proceedings must include specified language regarding remote participation method, expectations, and registration requirements.
All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t-goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt- appearances) for information on the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by [4:00 p.m. (Eastern time) the business day before / one-hour prior to] the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
CRITICAL
- Applies to
- Agenda
Agendas for in-person proceedings must include specified language regarding attendance, remote participation, and registration requirements.
All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t- goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
CRITICAL
- Applies to
- Motion for shortened notice
A motion requesting shortened notice must include the averment of Delaware counsel required by the cited local rule.
The motion requesting shortened notice must include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).
CRITICAL
- Applies to
- Notice of settlement or notice of adjournment of trial
If a matter settles or is otherwise resolved, counsel must file a notice of settlement or a notice of adjournment of trial.
If a matter has settled or otherwise been resolved, counsel must file a notice of settlement or notice of adjournment of trial.
CRITICAL
- Applies to
- Foreign currency monetary figure
Foreign currency must be identified specifically; “pesos” alone is insufficient, while “Mexican Pesos” or “MXN” is sufficient.
The foreign currency must also be adequately identified (e.g., “pesos” is insufficient, but “Mexican Pesos” or “MXN” is sufficient).
CRITICAL
- Applies to
- Hearing agenda
Agendas for remote proceedings must include the specified Zoom participation and registration language.
Agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
CRITICAL
- Applies to
- Foreign language document
A foreign-language document offered in a case must include an English translation and a certificate of translation.
Any foreign language document offered by a party in a case must be accompanied by an English language translation and a certificate of translation.
CRITICAL
- Applies to
- Hearing agenda
Witnesses must be listed on the hearing agenda.
In addition, witnesses must be noted on the hearing agenda.
CRITICAL
- Applies to
- Hearing agenda
Agenda-submitting counsel must consult other parties in interest to identify witnesses who will be presented.
Counsel responsible for submitting the agenda must consult with other parties in interest to identify any witness(es) that will be presented.
CRITICAL
- Applies to
- Budget or financial statement
A foreign-currency budget or financial statement must have an appended U.S. Dollar-converted version specifying the exchange rate and conversion date.
For budgets and financial statements, the U.S. Dollar-converted budget or statement shall be appended to any foreign-currency version and specify the exchange rate and date of conversion.
CRITICAL
- Applies to
- Foreign currency monetary figure
A submitted monetary figure in a foreign currency must be accompanied by its U.S. Dollar value as of a specified date and exchange rate.
Any monetary figure reported in a currency other than U.S. Dollars that is submitted to the Court must be accompanied by the value of such monetary figure in U.S. Dollars as of a specified date and exchange rate.
CRITICAL
- Applies to
- Hearing agenda
Every referenced filing in a hearing agenda must be hyperlinked.
Agendas must contain a hyperlink to all referenced filings.
CRITICAL
- Applies to
- Pleading
A pleading citing a ruling not readily available on Lexis or Westlaw must attach a copy of that ruling as an exhibit.
When filing a pleading that cites to a ruling that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be attached to the pleading as an exhibit.
CRITICAL
- Applies to
- CoC
A revised proposed order submitted under CoC must include a redline showing all revisions to the order originally submitted with the pleading.
and attach a redline revised proposed order reflecting all revisions to the proposed order originally submitted with the pleading.
CRITICAL
- Applies to
- Notice of completion of briefing
The Notice of Completion of Briefing emailed to chambers must contain hyperlinks to all relevant pleadings.
Counsel must email chambers the Notice of Completion of Briefing containing hyperlinks to all relevant pleadings.
CRITICAL
- Applies to
- Claims index
The emailed claims index or consolidated binder must be hyperlinked and contain the claim objections and relevant proofs of claim with attachments.
Counsel must email chambers a hyperlinked claims index or single consolidated electronic binder, in a searchable PDF file, containing the Objection(s) to Claims and copies of the relevant proofs of claim (with attachments).
CRITICAL
- Applies to
- Hearing agenda
Each agenda matter must state its status, including whether it is proceeding, continuance and objection status, pertinent information, and expected witnesses and their presenting parties.
The “status” of a matter listed on an agenda must indicate whether the matter is going forward, whether a continuance is requested (and whether such continuance is opposed), whether any or all of the objections have been resolved and any other pertinent status information, including whether the presentation of witness(es) is expected, and, if so, the identity of the witness(es), and the party presenting the witness(es).
CRITICAL
- Applies to
- Witness notice
The witness notice must identify each witness and state the scope of the witness’s testimony.
The filing must contain the identity of each witness and the scope of the testimony.
CRITICAL
- Applies to
- Hearing agenda
The hearing agenda emailed to chambers must be hyperlinked to the relevant filings.
Counsel must email chambers a hyperlinked hearing agenda and deliver one (1) physical binder containing the relevant documents.
CRITICAL
- Applies to
- Exhibit list
The Exhibit List emailed to chambers must contain hyperlinks to all exhibits.
Counsel must email chambers the Exhibit List containing hyperlinks to all exhibits.
CRITICAL
- Applies to
- Hearing agenda
Agendas for in-person proceedings must include the specified in-person attendance, remote participation, and registration language.
Agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
CRITICAL
- Applies to
- Order
- Must include
- case number
Orders must identify the related docket number or numbers in the caption.
Orders must reference the related docket number(s) in the case caption
CRITICAL
- Applies to
- CoC
A CoC submitted with a revised proposed order must state whether all affected parties and the U.S. Trustee reviewed and approved the revised form.
When submitting a revised proposed order under CoC, the CoC must state whether the revised form of order has been reviewed and approved by all parties affected by the order and the U.S. Trustee
CRITICAL
- Applies to
- Hearing agenda
Counsel must email chambers a hyperlinked hearing agenda and deliver two (2) physical binders containing the relevant documents.
Counsel must email chambers a hyperlinked hearing agenda and deliver two (2) physical binders containing the relevant documents.
CRITICAL
- Applies to
- Fee application index
Counsel must email chambers a hyperlinked index or a single consolidated electronic binder, in a searchable PDF file, containing copies of all fee applications for consideration.
Counsel must email chambers a hyperlinked index or a single consolidated electronic binder, in a searchable PDF file, containing copies of all fee applications for consideration.
CRITICALCivil cases
- Applies to
- Agenda
Agendas for in-person court proceedings must include specified text regarding in-person attendance requirements, remote participation options, and references to relevant chambers procedures and court eCourt appearance resources.
All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Owens’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-karen-b-owens) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Owens’s expectations of remote
CRITICALCivil cases
- Applies to
- Proposed order
- Must include
- case number
All related docket numbers must be included in the caption of the proposed e-order upon upload.
All related docket numbers must be included in the caption of the proposed e-order when uploaded.
CRITICALCivil cases
- Applies to
- Agenda
All remote proceeding agendas must include specified content about the Zoom proceeding, participation methods, judge’s expectations, and registration requirements.
All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Owens’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-karen-b-owens) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Owens’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
CRITICALCivil cases
- Applies to
- Agenda
All hearing agendas must include hyperlinks to all referenced filings.
Agendas shall contain a hyperlink to all referenced filings.
CRITICALCivil cases
- Applies to
- Cno coc binder
Separate CNO/COC binders are prohibited for omnibus hearing matters, except for retention applications, unless the Court directs otherwise.
With the exception of retention applications, Counsel shall NOT send a separate CNO/COC Binder for matters scheduled for an omnibus hearing unless the Court directs otherwise.
CRITICALCivil cases
- Applies to
- Omnibus binder
All filings included in omnibus/other hearing binders must reference the docket number and date filed.
All filings shall reference the docket number and date filed.
CRITICALCivil cases
- Applies to
- Fee application binder
Fee application binders must fully comply with Local Rule 9029-3.
The binder must otherwise fully comply with Local Rule 9029-3.
CRITICALCivil cases
- Applies to
- Completion of briefing binder
Binders delivered with a Notice of Completion of Briefing in an adversary proceeding must include copies of the motions/briefs identified in the Notice, relevant pleadings, and any request for oral argument.
A Notice of Completion of Briefing filed in an adversary proceeding shall be delivered to chambers together with one binder including copies of the motions/briefs identified in the Notice, the relevant pleadings, and any request for oral argument.
CRITICALCivil cases
- Applies to
- Omnibus binder
Omnibus/other hearing binders must not include filings for continued or resolved matters.
The binders shall NOT contain filings for continued or resolved matters.
CRITICALCivil cases
- Applies to
- Omnibus objection proof of claim binder
Omnibus objection proof of claim binders must fully comply with Local Rule 3007-1.
The binder must otherwise fully comply with Local Rule 3007-1.
CRITICALCivil cases
- Applies to
- Scheduling order
A Scheduling Order must be presented following the preliminary hearing for initial scheduling conferences in adversary proceedings.
A preliminary hearing will be held and a Scheduling Order shall be presented.
CRITICAL
- Applies to
- Certificate of no objection or certification of counsel
A certificate of no objection or certification of counsel must include the proposed form of order as an exhibit.
When filing a certificate of no objection or certification of counsel, please attach, as an exhibit, the proposed form of order.
CRITICAL
- Applies to
- Witness and exhibit list
The witness and exhibit list must identify each witness, describe the anticipated testimony, and list exhibits with applicable docket index numbers.
The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits, with reference to the applicable docket index number (if there is one).
CRITICAL
- Applies to
- Pro hac vice motion
Motions for pro hac vice admission must comply with Local Form 105.
Motions for pro hac vice must comply with Local Form 105.
CRITICAL
- Applies to
- Remote hearing agenda
Agendas for remote proceedings must include the specified Zoom, participation, and registration information.
All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before [or, for a first day hearing, one-hour prior to] the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.
CRITICALProposed or draft document; may not be in force
- Applies to
- Motion to shorten notice
A motion requesting shortened notice must include the averment of Delaware counsel required by Del. Bankr. L.R. 9006-1(e).
The motion requesting shortened notice shall include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).
CRITICALProposed or draft document; may not be in force
- Applies to
- In person hearing agenda
In-person proceeding agendas must include the specified notice, and registration is required by 4:00 p.m. Eastern time on the business day before the hearing unless otherwise noticed.
This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.
CRITICAL
- Applies to
- Fee application binder
The fee application binder must be a single consolidated, searchable PDF containing all applications under consideration and their supporting documentation.
No later than the date that is two weeks prior to the fee application hearing, please provide chambers with (i) a single consolidated electronic binder (in a searchable PDF file) containing copies of all fee applications under consideration, including supporting documentation such as individual monthly fee applications; and (ii) a hard copy of the fee binder.
CRITICALProposed or draft document; may not be in force
- Applies to
- Fee application binder
The fee application submission must include a single consolidated searchable PDF binder with all applications under consideration and their supporting documentation, together with a hard copy binder.
No later than the date that is two weeks prior to the fee application hearing, please provide chambers with (i) a single consolidated electronic binder (in a searchable PDF file) containing copies of all fee applications under consideration, including supporting documentation such as individual monthly fee applications; and (ii) a hard copy of the fee binder.
CRITICALProposed or draft document; may not be in force
- Applies to
- Certificate of no objection or certification of counsel
A filing of a certificate of no objection or certification of counsel must include the proposed form of order as an exhibit.
When filing a certificate of no objection or certification of counsel, please attach, as an exhibit, the proposed form of order.
CRITICALProposed or draft document; may not be in force
- Applies to
- Notice of completion of briefing
A Notice of Completion of Briefing must contain hyperlinks to all relevant pleadings.
Notices of Completion of Briefing must be filed containing hyperlinks to all relevant pleadings.
CRITICAL
- Applies to
- Notice of completion of briefing
A Notice of Completion of Briefing must be filed with hyperlinks to all relevant pleadings.
Completion of Briefing. Notices of Completion of Briefing must be filed containing hyperlinks to all relevant pleadings.
CRITICAL
- Applies to
- In person hearing agenda
Agendas for in-person proceedings must include the specified in-person attendance, remote participation, and registration information.
Agendas. All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.
CRITICALProposed or draft document; may not be in force
- Applies to
- Motion to shorten notice
Counsel seeking an expedited hearing must file a motion to shorten notice under Local Rule 9006-1(e).
To request an expedited hearing, counsel must file a motion to shorten notice in accordance with Local Rule 9006-1(e).
CRITICALProposed or draft document; may not be in force
- Applies to
- Proposed order
The Court will consider a proposed order only after an e-order has been uploaded.
Proposed orders will be considered after an e-order has been uploaded.
CRITICALProposed or draft document; may not be in force
- Applies to
- Hearing agenda
Agendas must contain hyperlinks to all relevant pleadings.
Agendas must contain hyperlinks to all relevant pleadings.
CRITICAL
- Applies to
- Hearing agenda
Agendas must contain hyperlinks to all relevant pleadings.
Agendas must contain hyperlinks to all relevant pleadings.
CRITICAL
- Applies to
- Motion to shorten notice
A motion requesting shortened notice must include the averment of Delaware counsel required by Del. Bankr. L.R. 9006-1(e).
The motion requesting shortened notice shall include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).
CRITICAL
- Applies to
- Motion to shorten notice
Counsel seeking an expedited hearing must file a motion to shorten notice under Local Rule 9006-1(e).
To request an expedited hearing, counsel must file a motion to shorten notice in accordance with Local Rule 9006-1(e).
CRITICAL
- Applies to
- Claims binder
The claims binder must contain all proofs of claim with attachments and the objection to those claims.
Claims. Please provide chambers with a binder containing copies of all proofs of claim (with all attachments) along with the objection to those claims.
CRITICAL
- Applies to
- Witness exhibit binder
Counsel must provide each witness a physical exhibit binder containing all exhibits counsel intends to use during that witness’s direct examination.
Witness Binders. Counsel shall provide each witness with a physical copy of an exhibit binder, containing all exhibits that counsel intends to use during any direct examination of a witness.
CRITICALProposed or draft document; may not be in force
- Applies to
- Witness and exhibit list
The witness and exhibit list must identify each witness, describe the anticipated testimony, and list exhibits with any applicable docket index number.
The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits, with reference to the applicable docket index number (if there is one).
CRITICALProposed or draft document; may not be in force
- Applies to
- Remote hearing agenda
Remote proceeding agendas must include the specified notice, and registration is required by 4:00 p.m. Eastern time on the prior business day, or one hour before a first-day hearing, unless otherwise noticed.
This proceeding will be conducted remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before [or, for a first day hearing, one-hour prior to] the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.
CRITICALProposed or draft document; may not be in force
- Applies to
- Motion or brief
A motion or brief citing an out-of-jurisdiction ruling not readily available on Lexis or Westlaw must provide a copy of that ruling as an exhibit.
When filing a motion or brief that cites to a ruling from a court outside this jurisdiction that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be provided to the Court as an exhibit.
CRITICALProposed or draft document; may not be in force
- Applies to
- Witness exhibit binder
Counsel must provide each witness a physical exhibit binder containing all exhibits intended for use during that witness’s direct examination.
Counsel shall provide each witness with a physical copy of an exhibit binder, containing all exhibits that counsel intends to use during any direct examination of a witness.
CRITICAL
- Applies to
- Motion or brief
A motion or brief citing an out-of-jurisdiction ruling not readily available on Lexis or Westlaw must provide a copy of the ruling as an exhibit.
When filing a motion or brief that cites to a ruling from a court outside this jurisdiction that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be provided to the Court as an exhibit.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The parties must combine their untitled briefs into one joint brief and present positions on each claim term in sequential order, substantially following the provided form.
The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
CRITICALCivil cases
- Applies to
- Invalidity contentions
Invalidity contentions must state any asserted grounds based on patentable subject matter, indefiniteness, lack of enablement, or insufficient written description.
Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims.
CRITICALCivil cases
- Applies to
- Documents accompanying infringement contentions
If Plaintiff(s) identifies instrumentalities under paragraph 9(g), Plaintiff(s) must produce documents sufficient to show the operation of the aspects or elements relied on as embodying asserted claims.
(c) If Plaintiff(s) identifies(y) instrumentalities pursuant to paragraph 9(g) of this Order, documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies upon as embodying any asserted claims.
CRITICALCivil cases
- Applies to
- Letter
The seeking party’s letter must include counsel’s averment describing reasonable efforts to resolve the dispute, including oral communication involving Delaware counsel, and a draft order specifying the relief sought.
The party shall submit as attachments to its letter (1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.
CRITICALCivil cases
- Applies to
- Brief
Each brief must include counsel’s certification of compliance with the type and number limits; the certifier may rely on the word-processing system’s word count.
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.
CRITICALCivil cases
- Applies to
- Concise statement
Each statement must include counsel's certification of compliance with the type and number limits, and the certifier may rely on the word-processing system's word count.
Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.
CRITICALCivil cases
- Applies to
- Amended joint claim construction chart and letter
Within the specified pre-hearing window, Delaware and lead counsel must meet and confer, attempt to reach agreement and narrow disputes, and file a chart and a letter identifying the participants and details of the conference; if it produces no agreement or narrowing, the chart need not be filed and the letter must say so.
On or before _ _ _ _ _ _ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute. During the meet and confer, the parties shall attempt to reach agreement on any disputed terms where possible and to narrow the issues related to the remaining disputed terms. The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
For each opposing party, the infringement contentions must separately identify asserted claims and statutory bases, accused instrumentalities with the specified identifying details, and a limitation-by-limitation chart; the quoted text ends mid-requirement.
Separately for each opposing party, the Disclosure of Asserted Claims and Infringement Contentions shall contain the following information: (a) Each claim of each asserted patent that is allegedly infringed by each opposing party, including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; (b) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality ("Accused Instrumentality") of each opposing party of which the party is aware. This identification shall be as specific as possible. Each product, device, and apparatus shall be identified by name or model number, if known. Each method or process shall be identified by name, if known, or by any product, device, or apparatus that, when used, allegedly results in the practice of the claimed method or process; (c) A chart identifying specifically where and how each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35
CRITICALCivil cases
- Applies to
- Joint claim construction chart
A separate text-searchable PDF of each patent at issue must accompany the Joint Claim Construction Chart.
A separate text- searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
A separate text-searchable PDF of each patent in issue must be submitted with the Joint Claim Construction Chart.
A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint
CRITICALCivil cases
- Applies to
- Infringement contentions
To preserve the right to rely on an instrumentality as practicing the claimed invention, Plaintiff(s) must identify each such instrumentality separately for each asserted claim.
(g) If Plaintiff(s) wish(es) to preserve the right to rely, for any purpose, on the assertion that its(their) own or its(their) licensee's apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, Plaintiff(s) shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim ("Embodying Instrumentality").
CRITICALCivil cases
- Applies to
- Joint pretrial order
The joint pretrial order must comply with paragraphs 10 and 14 of the Order.
The joint pretrial order shall comply with paragraphs 10 and 14 of this Order.
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary judgment motion must include a separate concise statement identifying each material fact the moving party contends is undisputed and essential to deciding the motion.
Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case).
CRITICALCivil cases
- Applies to
- Invalidity contentions document production
With its invalidity contentions, the party opposing infringement must produce or make available documentation sufficient to show the operation of the identified aspects or elements of an accused instrumentality.
With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce or make available for inspection and copying: (a) Source code, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its chart produced pursuant to paragraph 3(c) of this Order;
CRITICALCivil cases
- Applies to
- Joint claim construction brief and joint appendix
The Joint Claim Construction Brief and Joint Appendix must comply with paragraphs 8 and 12 of the Order.
The Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 8 and 12 of this Order.
CRITICALCivil cases
- Applies to
- ANDA or NDA production
Upon filing a responsive pleading to the Complaint, Defendant(s) must produce to Plaintiff(s) the entire Abbreviated New Drug Application(s) or New Drug Application(s) underlying the alleged infringement.
As required by the Court's Standing Order Regarding Hatch-Waxman Cases in Which Infringement Is Alleged, upon the filing of a responsive pleading to the Complaint, Defendant(s) shall produce to Plaintiff(s) the entire Abbreviated New Drug Application(s) or New Drug Application(s) that is(are) the basis of the alleged infringement.
CRITICALCivil cases
- Applies to
- Chart of relevant deadlines
Counsel Shall Provide a Chart of All Relevant Deadlines
Counsel Shall Provide a Chart of All Relevant Deadlines
CRITICALCivil cases
- Applies to
- Joint appendix
Materials that would otherwise be submitted in an appendix must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
CRITICAL
- Applies to
- Pro hac vice admission certification
An attorney seeking pro hac vice admission in a case assigned to this judge must complete and file the appropriate Exhibit A-1 or Exhibit A-2 certification.
it is HEREBY ORDERED that any attorney seeking admission pro hac vice in a case assigned to the undersigned judge shall complete and file with the Court either the Certification attached hereto as Exhibit A-1 or the Certification attached hereto as Exhibit A-2 as appropriate.
CRITICALCivil cases
- Applies to
- Infringement contentions
For a patent claiming priority to an earlier application, Infringement Contentions must state the asserted priority date for each claim.
(f) For any patent that claims priority to an earlier application, the priority date to which each asserted claim is alleged to be entitled; and
CRITICALCivil cases
- Applies to
- Briefing letters and concise statements of facts
Briefing, letters, and concise statements of facts must include pinpoint citations.
Pinpoint citations are required in all briefing, letters, and concise statements of facts.
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
Each in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Concise statement
A separate concise statement of facts must be submitted for each summary judgment motion.
party must submit a separate concise statement of facts for each summary judgment motion.
CRITICALCivil cases
- Applies to
- Concise statement
Each statement must include counsel's certification of compliance with the type and number limits, and the certifier may rely on the word-processing system's word count.
Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.
CRITICALCivil cases
- Applies to
- Brief
Each brief must include counsel’s certification that it complies with the type and word limitations.
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.
CRITICALCivil cases
- Applies to
- Opposing concise statement
Facts in the moving party's concise statement are deemed admitted unless the opposing party controverts them in a separate concise statement.
Material facts set forth in the moving party's concise statement will be deemed admitted unless controverted by a separate concise statement of the opposing party.
CRITICALCivil cases
- Applies to
- Disclosure statement
In Judge Connolly’s cases, a nongovernmental joint venture, limited liability corporation, partnership, or limited liability partnership must identify in its Rule 7.1 disclosure statement every owner, member, and partner up the ownership chain until all individuals and corporations with a direct or indirect interest are identified.
At Wilmington on this Eighteenth day of April in 2022, it is HEREBY ORDERED in all cases assigned to Judge Connolly where a party is a nongovernmental joint venture, limited liability corporation, partnership, or limited liability partnership, that the party must include in its disclosure statement filed pursuant to Federal Rule of Civil Procedure 7.1 the name of every owner, member, and partner of the party, proceeding up the chain of ownership until the name of every individual and corporation with a direct or indirect interest in the party has been identified.
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
For a patent claiming priority to an earlier application, the infringement contentions must identify the priority date asserted for each claim.
For any patent that claims priority to an earlier application, the priority date to which each asserted claim is alleged to be entitled;
CRITICALCivil cases
- Applies to
- Final election of asserted prior art
The Final Election of Asserted Prior Art may identify no more than six references for any one patent and no more than 20 references total.
Defendant(s) shall identify in the Final Election of Asserted Prior Art no more than six prior art references for any one patent from among the 12 prior art references identified for that patent in the Preliminary Disclosure of Asserted Prior Art and shall identify no more than a total of 20 references from among the references identified in the Preliminary Disclosure of Asserted Prior Art.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
After exchanging the list, the parties must meet and confer to prepare a Joint Claim Construction Chart for filing by the stated deadline.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____.
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
The infringement contentions must state the timing of the first infringement and the beginning and end of claimed damages.
The timing of the point of first infringement, the start of claimed damages, and the end of claimed damages; and
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A separate text- searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A separate text- searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Invalidity contentions document production
If an identified prior-art item is not in English, produce an English translation of the portions relied upon.
To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced;
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified “Other Proceedings” paragraph, including its prompt-notice requirement.
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 the 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.
CRITICAL
- Applies to
- Submission
- Must include
- word count
Any submission must include a certification stating its total number of words.
A certification as to the total number of words must be included in any submission.
CRITICALCivil cases
- Applies to
- Concise statement
Each reference in the concise statement must cite a specific document supporting the party's interpretation of the material fact.
and each reference shall contain a citation to a particular affidavit, deposition, or other document that supports the party's interpretation of the material fact.
CRITICALCivil cases
- Applies to
- Concise statement
A concise statement must include only facts necessary to resolve the summary judgment issues, cite supporting evidence for each fact, and identify the specific page and portion cited.
When preparing the separate concise statement, a party shall reference only the material facts that are absolutely necessary for the Court to determine the limited issues presented in the motion for summary judgment (and no others), and each reference shall contain a citation to a particular affidavit, deposition, or other document that supports the party's interpretation of the material fact. The concise statement shall particularly identify the page and portion of the page of the document referenced.
CRITICALCivil cases
- Applies to
- Statement of facts
The parties must file competing statements of facts in summary judgment practice.
I also require the parties to file competing statements of facts to help me determine as a gatekeeping matter whether there is a disputed material fact.
CRITICALCivil cases
- Applies to
- Invalidity contentions
Invalidity Contentions must identify the asserted prior art and provide the specified details for patents, publications, alleged sales or public uses, and pre-AIA § 102(f) prior art.
The identity of each item of prior art that the party alleges anticipates each asserted claim or renders the claim obvious. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name
CRITICALCivil cases
- Applies to
- Invalidity contentions
Invalidity Contentions must identify each asserted item of prior art and provide the specified identifying details for patents, publications, sales or public uses, and certain pre-AIA prior art.
(a) The identity of each item of prior art that the party alleges anticipates each asserted claim or renders the claim obvious. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s );
CRITICALCivil cases
- Applies to
- Document production accompanying infringement contentions
With its infringement contentions, the asserting party must produce or make available a copy of the file history for each asserted patent.
With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement shall produce to each opposing party or make available for inspection and copying: (c) A copy of the file history for each asserted patent;
CRITICALCivil cases
- Applies to
- Expert report
The parties must provide their experts’ deposition availability dates and times with the expert reports.
Along with the submissions of the expert reports, the parties shall provide the dates and times of their experts' availability for deposition.
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
A party seeking to preserve reliance on its own or its licensee’s practice of the claimed invention must identify each embodying instrumentality separately for each asserted claim.
If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that its own or its licensee's apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim ("Embodying Instrumentality");
CRITICALCivil cases
- Applies to
- Invalidity contentions
For pre-AJA claims, identify the people or entities involved in making the invention and the circumstances surrounding it for prior art under 35 U.S.C. § 102(g).
For pre-AJA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s );
CRITICALCivil cases
- Applies to
- Documents accompanying infringement contentions
Plaintiff(s) must separately identify by production number the documents corresponding to each category in the paragraph.
Plaintiff(s) shall separately identify by production number the documents that correspond to each category set forth in this paragraph.
CRITICALCivil cases
- Applies to
- Concise statement
Affidavits, declarations, and exhibits must be attached to the concise statement and not to briefs.
Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified “Other Proceedings” paragraph.
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 the 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.
CRITICALCivil cases
- Applies to
- Claim construction issue list
The exchanged claim-construction list must not be filed with the Court.
This document will not be filed with the Court.
CRITICALCivil cases
- Applies to
- Invalidity contentions document production
With its invalidity contentions, the party opposing infringement must produce or make available all agreements it contends are comparable to a license resulting from a hypothetical reasonable royalty negotiation.
With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce or make available for inspection and copying: (c) All agreements that the party opposing infringement contends are comparable to a license that would result from a hypothetical reasonable royalty negotiation;
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
The infringement contentions must state whether each asserted claim limitation is alleged to be present literally or under the doctrine of equivalents.
Whether each limitation of each asserted claim is alleged to be present in the Accused Instrumentality literally or under the doctrine of equivalents;
CRITICALCivil cases
- Applies to
- Final pretrial order
The parties must file a joint proposed final pretrial order compliant with Local Rule 16.3(c).
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _______________ [21 days before the pretrial conference].
CRITICALCivil cases
- Applies to
- Claim construction brief
Each brief must include counsel's certification of compliance with the type and length limits, and the preparer may rely on the word-processing system's word count.
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.
CRITICALCivil cases
- Applies to
- Expert report
When submitting expert reports, the parties must provide their experts’ deposition availability.
Along with the submissions of the expert reports, the parties shall provide the dates and times of their experts' availability for deposition.
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
The infringement contentions must identify the direct infringement underlying each indirect-infringement claim, describe the alleged indirect infringer’s contributing or inducing acts, and describe each party’s role when direct infringement is based on joint acts.
For each claim alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of multiple parties, the role of each such party in the direct infringement must be described;
CRITICALCivil cases
- Applies to
- Daubert motion
A party filing multiple Daubert motions must number them in its preferred order of consideration.
A party that files more than one Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must file a joint proposed final pretrial order complying with Local Rule 16.3(c) by 5:00 p.m. 21 days before the pretrial conference.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
CRITICALCivil cases
- Applies to
- Infringement contentions
Infringement Contentions must separately identify each defendant’s asserted claims, accused instrumentalities, claim-to-product mapping, and specified indirect-infringement information.
Separately for each Defendant, the Infringement Contentions shall contain the following information: (a) Each claim of each asserted patent that Plaintiff(s) allege(s) Defendant(s) infringe(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; (b) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of each Defendant of which Plaintiff(s) is(are) aware. This identification shall be as specific as possible. Each product, device, and apparatus shall be identified by name or model number, if known. Each method or process shall be identified by name, if known, or by any product, device, or apparatus that, when used, allegedly results in the practice of the claimed method or process; (c) A chart identifying specifically where and how each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function; (d) For each claim alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of
CRITICALCivil cases
- Applies to
- Initial disclosures
Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after the date of the Order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) within five days of the date of this Order.
CRITICAL
- Applies to
- Pro hac vice admission certification
A lawyer using Exhibit A-1 must make the certifications stated in that form, including eligibility and good standing, submission to disciplinary jurisdiction, familiarity with the Local Rules, payment of the stated fee, and the specified nonlawyer fee-sharing certification.
I certify that I do not practice law with or in the form of a professional corporation or association authorized to practice law for profit. I certify that I am eligible for admission to this Court; that I am admitted, practicing, and in good standing as a member of the Bar of ; and that pursuant to District of Delaware Local Rule 83.6 I submit to the disciplinary jurisdiction of this Court for any alleged misconduct that occurs in the preparation or course of this action. I also certify that I am generally familiar with this Court's Local Rules. In accordance with the Standing Order on Attorney Registration and Pro Hac Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's Office upon the filing of this motion. I further certify that: I. With the exception of the circumstances listed in Rule 5.4(a)(I)-(4) ofthe Model Rules of Professional Conduct of the American Bar Association, neither I nor my law firm shares or will share legal fees with a nonlawyer;
CRITICALCivil cases
- Applies to
- Expert report submission
When submitting expert reports, the parties must provide their experts’ deposition availability dates and times.
Along with the submissions of the expert reports, the parties shall provide the dates and times of their experts' availability for deposition.
CRITICALCivil cases
- Applies to
- Invalidity contentions
With its Invalidity Contentions, a party must produce or make available specified prior art and produce English translations of any relied-upon portions that are not in English.
With the Invalidity Contentions, the party shall produce or make available for inspection and copying a copy or sample of the prior art identified pursuant to paragraph 3(a) that does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced.
CRITICALCivil cases
- Applies to
- Motion for claim construction
Each Motion for Claim Construction must seek adoption of the party’s chart position, contain no argument, and state the specified request.
Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”
CRITICALCivil cases
- Applies to
- Briefing letter or concise statement of facts
Briefing, letters, and concise statements of facts must support controverted facts and legal principles with pinpoint citations.
Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The Joint Claim Construction Chart submission must include a separate text-searchable PDF for each patent at issue.
A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The Joint Claim Construction Chart must support proposed constructions with citations only to intrinsic evidence and must contain no argument.
construction of the disputed claim language with citation( s) only to the intrinsic evidence in support of their respective proposed constructions. A separate text- searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Invalidity contentions document production
With its invalidity contentions, the party opposing infringement must produce or make available a copy or sample of identified prior art that is not in the patent file history.
With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce or make available for inspection and copying: (b) A copy or sample of the prior art identified pursuant to paragraph 5(a) that does not appear in the file history of the patent(s) at issue.
CRITICALCivil cases
- Applies to
- Disclosure of asserted claims and infringement contentions
A party alleging willful infringement must state the basis for that allegation in its infringement contentions.
If a party claiming patent infringement alleges willful infringement, the basis for such allegation.
CRITICALCivil cases
- Applies to
- Invalidity contentions
Invalidity contentions must include a chart mapping each asserted-claim limitation to prior art, including the identified structure, act, or material performing the claimed function for limitations asserted to be governed by 35 U.S.C. § 112(t).
A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such party contends is governed by 35 U.S.C. § 112(t), the identity of the structure(s), act(s), or material( s) in each item of prior art that performs the claimed function;
CRITICALCivil cases
- Applies to
- Motion
The party must file a motion concurrently with its letter, and the motion must state the relief sought in no more than one paragraph.
The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must file a joint proposed final pretrial order complying with the cited local-rule timeframes and paragraphs 8 and 12 of this Order.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference]. 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 proposed joint final pretrial order. The joint pretrial order shall comply with paragraphs 8 and 12 of this Order.
CRITICALCivil cases
- Applies to
- Deadline chart
Counsel must provide a chart of all relevant deadlines.
Counsel Shall Provide a Chart of All Relevant Deadlines
CRITICALCivil cases
- Applies to
- Invalidity contentions
With the Invalidity Contentions, defendants must produce or make available qualifying prior art and produce English translations of any non-English portions relied upon.
8. Document Production Accompanying Invalidity Contentions. With the Invalidity Contentions, Defendant(s) shall produce or make available for inspection and copying a copy or sample of the prior art identified pursuant to paragraph 7(a) that does not appear in the file history of the asserted patent(s). To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced.
CRITICALCivil cases
- Applies to
- Documents accompanying infringement contentions
Plaintiff(s) must produce all documents evidencing conception, reduction to practice, design, and development created by the earlier applicable application or priority date.
(b) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, that were created on or before the date of application for the asserted patent(s) or the priority date(s) identified pursuant to paragraph 9(f) of this Order, whichever is earlier; and
CRITICALCivil cases
- Applies to
- Letter
The party seeking relief must attach counsel’s averment of reasonable efforts to resolve the dispute, including oral communication involving Delaware counsel, and a draft order specifying the relief sought.
The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.
CRITICALCivil cases
- Applies to
- Expert testimony objection
Daubert-based objections to expert testimony must be made by motion unless otherwise ordered by the Court.
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.
CRITICALCivil cases
- Applies to
- Invalidity contentions
Invalidity contentions must address whether each prior-art item anticipates or renders each asserted claim obvious and, if obviousness is alleged, explain why and identify any relied-on combinations.
Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness;
CRITICALCivil cases
- Applies to
- Abbreviated New Drug Application or New Drug Application
In the specified Hatch-Waxman cases, defendants must produce the entire application underlying the alleged infringement when they file a responsive pleading.
At Wilmington on this Fourteenth day of April in 2022, it is hereby ORDERED that effective immediately in cases assigned to Judge Connolly arising under 21 U.S.C. § 355 where all patents alleged to be infringed were the subject of a Paragraph IV certification of noninfringement and/or invalidity by the Defendant(s), upon the filing of a responsive pleading to the Complaint, Defendant(s) shall produce to Plaintiff(s) the entire Abbreviated New Drug Application(s) or New Drug Application(s) that is(are) the basis of any alleged infringement.
CRITICALCivil cases
- Applies to
- Letter
The parties must file a letter with the amended chart identifying each participant by name, when and how the meet-and-confer occurred, and its duration.
The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.
CRITICALCivil cases
- Applies to
- Concise statement
The concise statement must identify the page and the specific portion of that page being referenced.
The concise statement shall particularly identify the page and portion of the page of the document referenced.
CRITICALCivil cases
- Applies to
- Infringement contentions
Infringement Contentions must describe each party’s role in direct infringement when multiple parties are involved.
multiple parties, the role of each such party in the direct infringement must be described;
CRITICALCivil cases
- Applies to
- Final election of asserted claims
Plaintiffs’ Final Election of Asserted Claims may identify no more than five asserted claims for any one patent from among the claims in the Preliminary Disclosure.
Plaintiff(s) shall serve on Defendant(s) a “Final Election of Asserted Claims” that shall identify for any one patent no more than five asserted claims from among the 10 claims identified for that patent in the Preliminary Disclosure of Asserted Claims
CRITICALCivil cases
- Applies to
- Motion for claim construction
Each Motion for Claim Construction must request adoption of that party's charted position, contain no argument, and use the specified request wording.
Each party shall file concurrently with the Joint Claim Construction Chart a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.1. [ ])."
CRITICALCivil cases
- Applies to
- Concise statement
Fact or exhibit-authentication affidavits and declarations, and the exhibits themselves, may be attached only to the concise statement, not to briefs.
Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).
CRITICALCivil cases
- Applies to
- Invalidity contentions document production
With its invalidity contentions, the party opposing infringement must produce or make available documents showing sales, revenue, cost, and profits for the identified accused instrumentalities during any period of alleged infringement.
With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce or make available for inspection and copying: (d) Documents sufficient to show the sales, revenue, cost, and profits for Accused Instrumentalities identified pursuant to paragraph 3(b) of this Order for any period of alleged infringement;
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
Each in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Joint claim construction brief
Citations to intrinsic evidence must appear in the Joint Claim Construction Brief.
Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief.
CRITICALCivil cases
- Applies to
- Preliminary disclosure of asserted claims
The Preliminary Disclosure of Asserted Claims must list each asserted patent claim and, for each claim, the applicable asserted statutory subsections of 35 U.S.C. § 271.
Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted.
CRITICALCivil cases
- Applies to
- Document production accompanying infringement contentions
With its infringement contentions, the asserting party must produce or make available documents evidencing conception, reduction to practice, design, and development that were created by the earlier specified date.
With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement shall produce to each opposing party or make available for inspection and copying: (b) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the asserted patent(s) or the priority date identified pursuant to paragraph 3(f) of this Order, whichever is earlier;
CRITICALCivil cases
- Applies to
- Transcript
If an entire transcript is submitted and an index of terms exists, the index must be included.
If an entire transcript is submitted, the index of terms appearing in the transcript must be included, if it exists.
CRITICALCivil cases
- Applies to
- Dispute letter
The dispute letter must attach counsel's averment describing the parties' reasonable resolution efforts, including oral communication involving Delaware counsel, and a draft order specifying the requested relief.
The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The joint brief must include agreed-upon and disputed constructions and present each side's positions on each disputed term in the specified sequence.
The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. JOINT CLAIM CONSTRUCTION BRIEF I. Agreed-upon Constructions II. Disputed Constructions A. [TERM 1] 1. Plaintiffs Opening Position 2. Defendant's Answering Position 3. Plaintiffs Reply Position 4. Defendant's Sur-Reply Position B. [TERM2] 1. Plaintiffs Opening Position 2. Defendant's Answering Position 3. Plaintiffs Reply Position 4. Defendant's Sur-Reply Position
CRITICALCivil cases
- Applies to
- Motion
The party seeking relief must file a motion concurrently with its letter, and the motion must set forth the relief sought in no more than one paragraph.
The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.
CRITICAL
- Applies to
- Brief, letter, motion, or concise statement of fact
Each brief, letter, motion, and concise statement of fact must include counsel’s certification that it complies with the Order’s type, font, and word limits.
Each such filing must include a certification by counsel that the filing complies with the type, font, and word limitations set forth in this Order.
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified “Other Proceedings” paragraph.
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 the 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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief and joint appendix
The Joint Claim Construction Brief and Joint Appendix must comply with paragraphs 10 and 14 of the Order.
The Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 10 and 14 of this Order.
CRITICALCivil cases
- Applies to
- Summary judgment opposition
An opposing party must file and serve with its opposing papers one separate concise statement admitting or disputing the moving party's facts and identifying all material facts it contends are genuinely disputed.
Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.
CRITICALCivil cases
- Applies to
- Joint letter submission
Testimony at claim-construction argument requires prior Court approval sought by joint letter no later than the date answering briefs are due to be served; argument is limited to three hours.
Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.
CRITICALCivil cases
- Applies to
- Compendium of cases
Compendiums must comply with paragraph 14 of the Order.
Compendiums shall comply with paragraph 14 of this Order.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The joint brief must cite intrinsic evidence; citations to expert declarations and other extrinsic evidence may be included as the parties deem necessary.
Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief. Citations to expert declarations and other extrinsic evidence may be made in the Joint Claim Construction Brief as the parties deem necessary, but the Court will review such
CRITICALCivil cases
- Applies to
- Joint appendix
Materials that would otherwise be submitted in an appendix must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
CRITICALCivil cases
- Applies to
- Invalidity contentions document production
With its invalidity contentions, the party opposing infringement must produce or make available all agreements that may support its damages case.
With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce or make available for inspection and copying: (e) All agreements that may be used to support the damages case of the party opposing infringement.
CRITICALCivil cases
- Applies to
- Claim construction brief
Counsel must certify in each brief that it complies with the type and word-count limitations.
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
After exchanging the list, the parties must meet and confer to prepare a Joint Claim Construction Chart for filing by the date left blank in the order.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than - - - - -.
CRITICALCivil cases
- Applies to
- Concise statement
An opposing party must file and serve with its opposing papers a separate concise statement admitting or disputing the moving party's facts and stating material facts presenting a genuine issue for litigation.
Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.
CRITICALCivil cases
- Applies to
- Certification of diversity jurisdiction
The Certification of Diversity Jurisdiction must identify the name and citizenship of each owner, member, and partner of specified organizational parties and continue up the ownership chain to every individual and corporation with a direct or indirect interest.
At Wilmington on this Eighteenth day of April in 2022, it is HEREBY ORDERED in all cases assigned to Chief Judge Connolly where a party filed the action in this Court or removed the action to this Court based on diversity of the parties' citizenships, that the party shall file within 14 days of initiating the case in this Court a Certification of Diversity Jurisdiction in which the party identifies the name and citizenship of every owner, member, and partner of every party to the case that is a joint venture, limited liability corporation, partnership, or limited liability partnership, proceeding up the chain of ownership until the name and citizenship of every individual and corporation with a direct or indirect interest in every party has been identified.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
All in limine requests and their responses must be included in the proposed pretrial order.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Infringement contentions
Infringement Contentions must state whether each asserted-claim limitation is alleged to be present literally or under the doctrine of equivalents.
(e) Whether each limitation of each asserted claim is alleged to be present in the Accused Instrumentality literally or under the doctrine of equivalents;
CRITICALCivil cases
- Applies to
- In limine requests
Each party is limited to three in limine requests unless the Court permits otherwise.
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.
CRITICALCivil cases
- Applies to
- Invalidity contentions
Invalidity contentions must identify where prior art discloses each asserted-claim limitation and state the specified grounds of invalidity.
(c) A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; and (d) Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims.
CRITICALCivil cases
- Applies to
- Document production accompanying infringement contentions
With its infringement contentions, the asserting party must produce or make available documents sufficient to evidence specified pre-application disclosures, transactions, or public uses of the claimed invention.
With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement shall produce to each opposing party or make available for inspection and copying: (a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or each sale of or offer to sell, or any public use of, the claimed invention prior to the date of application for the asserted patent(s);
CRITICALCivil cases
- Applies to
- Amended joint claim construction chart
Delaware and lead counsel must meet and confer and then file an amended chart identifying the disputed terms, within the stated window before the claim-construction hearing.
On or before _ _ _ _ _ _ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.
CRITICALCivil cases
- Applies to
- Summary judgment motion
Each summary judgment motion must include its own separate concise statement identifying the material facts the moving party contends are undisputed and essential to deciding that motion.
Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case). 1 A party must submit a separate concise statement of facts for each summary judgment motion.
CRITICALCivil cases
- Applies to
- Joint claim construction submission
The parties must not include argument in the joint submission.
In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Meet and confer letter
The parties must file a letter with the chart identifying the meet-and-confer participants, timing, method, and duration; if there was no agreement or narrowing, the letter must say so and the chart need not be filed.
The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.
CRITICALCivil cases
- Applies to
- Document production
The producing party must identify by production number which documents correspond to each category in the paragraph.
The producing party shall separately identify by production number the documents that correspond to each category set forth in this paragraph.
CRITICALCivil cases
- Applies to
- Summary judgment motion
A party filing multiple summary judgment motions must number them in its preferred order of consideration.
A party that files more than one summary judgment motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on.
CRITICALCivil cases
- Applies to
- Joint letter
The parties may not present testimony at claim-construction argument without prior Court approval, sought by joint letter no later than the answering-brief service due date.
Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument
CRITICALCivil cases
- Applies to
- Abbreviated new drug application or new drug application
Upon filing a responsive pleading, defendants must produce to plaintiffs the entire ANDA or NDA underlying the alleged infringement.
upon the filing of a responsive pleading to the Complaint, Defendant(s) shall produce to Plaintiff(s) the entire Abbreviated New Drug Application(s) or New Drug Application(s) that is(are) the basis of any alleged infringement.
CRITICALCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Joint appendix
Materials that would otherwise be submitted in an appendix must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
CRITICALCivil cases
- Applies to
- Third party funding statement
A party receiving covered third-party litigation funding must file a separate statement identifying the funder and describing its approval rights and financial interest.
the party receiving such funding shall file a statement (separate from any pleading) containing the following information: a. The identity, address, and, if a legal entity, place of formation of the Third-Party Funder(s); b. Whether any Third-Party Funder's approval is necessary for litigation or settlement decisions in the action, and if the answer is in the affirmative, the nature of the terms and conditions relating to that approval; and c. A brief description of the nature of the financial interest of the Third-Party Funder(s).
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
Each in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The Joint Claim Construction Brief must include citations to intrinsic evidence.
Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief.
CRITICALCivil cases
- Applies to
- Motion in limine
Motions in limine must comply with paragraphs 10 and 14 of the Order.
Motions in limine shall comply with paragraphs 10 and 14 of this Order.
CRITICALCivil cases
- Applies to
- Documents accompanying infringement contentions
Plaintiff(s) must produce or make available documents sufficient to evidence specified pre-application disclosures, sales, offers to sell, or public uses of the claimed invention.
Plaintiff(s) shall produce with the Infringement Contentions or make available for inspection and copying: (a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or each sale of or offer to sell, or any public use of, the claimed invention prior to the date of application for the asserted patent(s);
CRITICALCivil cases
- Applies to
- Claim construction list
The parties must exchange a list of claim terms or phrases they believe need construction, along with their proposed constructions, by the date left blank in the order.
On or before _ _ _ _ _ _ the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s).
CRITICALCivil cases
- Applies to
- Application
Unless otherwise specified, applications to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
All in limine requests and responses must be included in the proposed pretrial order.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Motion
The seeking party must file a motion concurrently with its letter, and the motion must state the relief sought in no more than one paragraph.
The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.
CRITICALCivil cases
- Applies to
- Motion for claim construction
Each Motion for Claim Construction must contain no argument and use the specified request for adoption of the party's chart positions.
Each party shall file concurrently with the Joint Claim Construction Chart a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ])."
CRITICALCivil cases
- Applies to
- Joint status report
Counsel must submit a joint interim status letter reporting the matters in issue and discovery progress to date.
On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Sales figures
Defendant must produce sales figures for the accused products by the date specified in the Order, which is blank in this template.
Defendant shall also produce sales figures for the accused product(s).
CRITICALCivil cases
- Applies to
- Patent file history
Plaintiff must produce the file history for each asserted patent by the date specified in the Order, which is blank in this template.
Plaintiff shall also produce the file history for each asserted patent.
CRITICALCivil cases
- Applies to
- Application
Unless otherwise specified, applications to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Application to court
Applications to the Court must be made by written motion filed with the Clerk unless otherwise specified.
Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk.
CRITICALCivil cases
- Applies to
- Opposition
Opposing papers must include a response that admits or disputes each fact paragraph by paragraph and cites the record for disputed facts.
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.
CRITICALCivil cases
- Applies to
- Expert report
When submitting expert reports, parties must advise when their experts are available for deposition.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
CRITICALCivil cases
- Applies to
- Joint claim construction hearing letter
By the answering claim construction brief due date, the parties must submit a joint letter stating whether they seek leave to present hearing 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 answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
CRITICALCivil cases
- Applies to
- Trial glossary and witness lists
At least three business days before trial, the parties must email the court reporter and chambers a glossary, possible-witness list, and phonetic-pronunciation list.
At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys’ and witnesses’ names.
CRITICALCivil cases
- Applies to
- Deadline chart
Counsel must provide a chart listing all relevant deadlines.
Counsel Shall Provide a Chart of All Relevant Deadlines
CRITICALCivil cases
- Applies to
- Joint letter
The parties must submit a joint letter by the date answering claim-construction briefs are due stating whether they request testimony and how much hearing time they seek.
The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
CRITICALCivil cases
- Applies to
- Initial disclosures
The parties must make their initial disclosures within five days after entry of the Order, unless they agree otherwise.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.
CRITICALCivil cases
- Applies to
- Joint status report
When submitting the judgment order, the parties must also submit a joint status report addressing how the case should proceed and listing intended post-trial motions.
At the same time, the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
CRITICALCivil cases
- Applies to
- Motion
A party filing multiple summary judgment motions must number them in the order it wants the Court to consider them, beginning with #1.
Any party that files more than one summary judgment motion shall number each motion to indicate the order in which the party wishes the Court to review its pending motions. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.
CRITICALCivil cases
- Applies to
- Technology tutorial
Unless the Court orders otherwise, the parties must jointly provide a technology tutorial by the Joint Claim Construction Chart deadline; it must be electronic, no longer than 30 minutes, educational, and not argumentative.
Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes. The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument.
CRITICALCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Core technical documents
Defendant must produce core technical documents sufficient to show how the accused products work, including the listed examples, by the date specified in the Order, which is blank in this template.
By , Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications.
CRITICALCivil cases
- Applies to
- Joint appendix
Any materials that would otherwise be submitted in an index must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix.
CRITICALCivil cases
Counsel must provide a chart of all relevant deadlines.
Counsel Shall Provide a Chart of All Relevant Deadlines
CRITICALCivil cases
- Applies to
- Index materials
Materials that otherwise would be submitted in an index must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix.
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must be accompanied by a letter describing the basis for relief and the document to be stricken, not an opening brief.
Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
CRITICALCivil cases
- Applies to
- Concise statement
Each fact in an opposing party’s separate concise statement must appear in its own numbered paragraph and include specific record citations.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
After exchanging the lists, the parties must meet and confer to prepare a Joint Claim Construction Chart for filing by the stated date.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than .
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary judgment motion must include a separate concise statement of qualifying material facts, with each fact in a separate numbered paragraph.
Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph
CRITICALCivil cases
- Applies to
- Initial claim chart
Plaintiff must produce an initial claim chart mapping each known accused product to the asserted claims it allegedly infringes by the date specified in the Order, which is blank in this template.
By , Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.
CRITICALCivil cases
- Applies to
- Plaintiff disclosure
Absent the stated agreement and Court approval, Plaintiff must identify the accused products, methods, and systems, its damages model, and the asserted patents by the date specified in the Order, which is blank in this template.
Absent agreement among the parties, and approval of the Court: (a) By , Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s).
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must jointly prepare and file a proposed final pretrial order that complies with the cited local rule and court procedures.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The proposed final pretrial order must include a table of contents and numbered paragraphs.
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
CRITICALCivil cases
- Applies to
- Technology tutorial
Unless the Court orders otherwise, the parties must jointly provide a technology tutorial by the Joint Claim Construction Chart due date, focused on educating the Court and not presenting argument.
Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument.
CRITICALCivil cases
- Applies to
- Joint discovery letter
Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:
Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:
CRITICALCivil cases
- Applies to
- Joint letter
The parties must submit a joint letter requesting a discovery teleconference that identifies participating Delaware and Lead Counsel and the meet-and-confer dates, and lists disputes requiring judicial attention non-argumentatively.
The parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Williams: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: Lead Counsel: The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The joint claim construction brief must combine the parties’ unfiled briefs, present positions sequentially for each claim term, and substantially follow the stated form.
The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. JOINT CLAIM CONSTRUCTION BRIEF I. Agreed-Upon Constructions II. Disputed Constructions [TERM 1] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. Defendant’s Sur-Reply Position [TERM 2] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim
The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must be accompanied by a letter describing the basis for relief and the proposed amended pleading with a blackline comparison, not an opening brief.
Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must be accompanied by a letter describing the basis for relief and attaching the document to be stricken, not an opening brief.
Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
CRITICALCriminal cases
- Applies to
- Suppression motion response
A response to a suppression motion must state whether the United States believes an evidentiary hearing is required and, if appropriate, explain why.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The Joint Claim Construction Brief must follow substantially the provided form, including agreed and disputed constructions and sequential party positions for each disputed term.
The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. JOINT CLAIM CONSTRUCTION BRIEF I. Agreed-Upon Constructions II. Disputed Constructions [TERM 1] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. Defendant’s Sur-Reply Position [TERM 2] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. Defendant’s Sur-Reply Position
CRITICALCivil cases
- Applies to
- Proposed pretrial order
All in limine requests and responses must be included in the proposed pretrial order.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Reply
Reply papers must include a paragraph-by-paragraph response to the opposing party’s concise statement of facts.
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.
CRITICALCivil cases
- Applies to
- Jury trial submission
For a jury trial, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven (7) business days before the final pretrial conference.
CRITICALCivil cases
- Applies to
- Joint discovery letter
The joint discovery letter form calls for the participating Delaware and Lead Counsel and meet-and-confer dates, followed by a non-argumentative list of disputes requiring judicial attention.
The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): __________________ Delaware Counsel: __________________ Lead Counsel: __________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
CRITICALCivil cases
- Applies to
- Claim construction response
By the stated date, each party must respond with a proposed construction for terms or phrases raised by the other side for which it did not initially provide a construction.
On or before _____, the parties shall respond to and provide their proposed construction for any term(s)/phrase(s) presented by the other side for which the party did not initially provide a construction.
CRITICALCivil cases
- Applies to
- Judgment order
- Must include
- proposed order
The parties must jointly submit a form of order to enter judgment on the verdict.
Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict.
CRITICALCivil cases
- Applies to
- Proposed final jury instructions and verdict sheet
Before the charge conference, the parties must file revised proposed final jury instructions and a revised verdict sheet.
Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents.
The proposed final pretrial order shall contain a table of contents
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must not include an opening brief; it must include a letter of no more than three pages describing the basis for relief, the proposed amended pleading, and a blackline comparison to the prior pleading.
Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Expert report
Additional expert reports are not permitted without all parties’ consent or leave of the Court.
No other expert reports will be permitted without either the consent of all parties or leave of the Court.
CRITICALCivil cases
- Applies to
- Joint interim status report letter
Counsel must submit a joint interim status letter reporting the matters in issue and discovery progress to date.
On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Claim construction term list
By the stated date, the parties must exchange the claim terms or phrases they believe need construction and their proposed constructions; those documents are not filed with the Court.
On or before , the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s). These documents will not be filed with the Court.
CRITICALCivil cases
- Applies to
- In limine request and response
In limine requests and responses must contain the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Proposed protective order
A proposed protective order must include the specified “Other Proceedings” paragraph.
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.
CRITICALCivil cases
- Applies to
- Initial disclosures
The parties must make their Rule 26(a)(1) initial disclosures within five days after entry of the Order unless they agree otherwise.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order.
CRITICALCivil cases
- Applies to
- Proposed protective order
A proposed protective order must include the specified paragraph concerning disclosure in other proceedings.
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.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order must set forth all in limine requests and responses.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
[Counsel Shall Provide a Chart of All Relevant Deadlines]
[Counsel Shall Provide a Chart of All Relevant Deadlines]
CRITICALCivil cases
- Applies to
- Claim construction brief
The parties’ claim-construction briefing must explain how resolving each dispute relates to an issue in the case.
The parties’ briefing must also explain how resolution of the dispute is relevant to an issue in the case.
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must attach the document it seeks to strike.
Any motion to strike shall attach the document sought to be stricken.
CRITICALCivil cases
- Applies to
- Reply papers
The moving party’s reply papers must include a paragraph-by-paragraph response to the opposing party’s concise statement of facts.
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.
CRITICALCivil cases
- Applies to
- Deadline chart
Counsel must provide a chart of all relevant deadlines.
[Counsel Shall Provide a Chart of All Relevant Deadlines]
CRITICALCivil cases
- Applies to
- Moving party letter
- Must include
- proposed order
The moving party’s submission must include an exhibit containing a proposed order and, when the dispute concerns discovery responses, exhibits containing the disputed requests and responses.
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.
CRITICALCivil cases
- Applies to
- Motion for teleconference
The motion must identify the meet-and-confer dates and participating attorneys, including 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)].
CRITICALCivil cases
- Applies to
- Reply concise statement response
The moving party’s reply response must address the opposing party’s concise statement paragraph by paragraph.
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.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents.
The proposed final pretrial order shall contain a table of contents.
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must attach the proposed amended pleading and a blackline comparison to the prior pleading.
Any motion to amend shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Chart of relevant deadlines
Counsel must provide a chart of all relevant deadlines.
[Counsel Shall Provide a Chart of All Relevant Deadlines]
CRITICALCivil cases
- Applies to
- Judgment order
The parties must jointly submit a form of order entering judgment on the verdict.
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.
CRITICALCivil cases
- Applies to
- Opposing party concise statement
Each fact in an opposing party’s separate concise statement must be in its own numbered paragraph and supported by specific record citations.
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.
CRITICALCivil cases
- Applies to
- Joint status report
The parties must submit a joint status report explaining how the case should proceed and listing each party’s intended post-trial motions.
the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
CRITICALCivil cases
- Applies to
- Claim construction brief
A party proposing a plain-and-ordinary-meaning construction must explain that meaning and how it differs from the other party’s construction.
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.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)’s timeframes for 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) for the preparation of the joint proposed final pretrial order.
CRITICALCivil cases
- Applies to
- Scheduling order amendment request
A stipulation or request to amend the scheduling order must include a chart listing every court-ordered event and its current and proposed deadline or date.
Any stipulation or other request to amend the scheduling order shall include a chart that lists each court-ordered event with a deadline/date (even if it is not being changed), the current deadline/date, and the new proposed deadline/date.
CRITICALCivil cases
- Applies to
- Application
Unless otherwise specified, applications to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Concise statement
Each fact in the concise statement must appear in a separate numbered paragraph and cite the record.
there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Non dispositive motion
A non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Motion to amend or strike
A motion to amend must attach the proposed amended pleading and a redline comparison, while a motion to strike must attach the document proposed to be stricken.
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.
CRITICALCivil cases
- Applies to
- Opposition discovery dispute letter
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.
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.
CRITICALCivil cases
Unless the parties agree and the Court approves otherwise, the parties must finally supplement the identifications of accused products and invalidity references by the specified date.
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.
CRITICALCivil cases
- Applies to
- Opposing concise statement
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.
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.
CRITICALCivil cases
- Applies to
- Jury trial submissions
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.
CRITICALCivil cases
- Applies to
- Opposition papers
Opposing papers must include a paragraph-by-paragraph response admitting or disputing the facts in the moving party’s concise statement.
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.
CRITICALCivil cases
- Applies to
- Claim construction issue list
The exchanged claim-construction list must identify terms or phrases needing construction and include each party’s proposed construction.
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).
CRITICALCivil cases
- Applies to
- Claim construction brief
For each term in dispute, there should be a table setting forth the term in dispute and the parties’ competing constructions.
For each term in dispute, there should be a table setting forth the term in dispute and the parties’ competing constructions.
CRITICALCivil cases
- Applies to
- Non dispositive motion
Every non-dispositive motion must contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon.
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must attach the document it seeks to strike.
Any motion to strike shall attach the document sought to be stricken.
CRITICALCivil cases
- Applies to
- Joint letter
The joint letter must state whether the parties request leave to present hearing testimony and how much hearing time they seek.
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.
CRITICALCivil cases
- Applies to
- Opposing response to concise statement
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.
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.
CRITICALCivil cases
- Applies to
- Motion for teleconference
The motion must provide three dates when the parties are available for the teleconference.
The parties are available for a teleconference on the following dates: [LIST THREE DATES].
CRITICALCivil cases
- Applies to
- Notice of ipr pgr event
A Notice of IPR/PGR Event must list the action, affected claims, expected further PTAB action dates, and status of other pending IPRs/PGRs.
The Notice must list the action taken, the affected claims, the dates of any expected further action by the PTAB, and the status of all other pending IPRs/PGRs.
CRITICALCivil cases
- Applies to
- Reply papers
The moving party’s reply must include a paragraph-by-paragraph response to the opposing party’s concise statement, limited to four pages.
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.
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified “Other Proceedings” paragraph.
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.
CRITICALCivil cases
- Applies to
- Application to court
Unless otherwise specified, applications to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Application to court
Unless otherwise specified, an application to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Expert report
When submitting expert reports, the parties must advise when their experts are available for deposition.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
CRITICALCivil cases
- Applies to
- Discovery dispute submission
- Must include
- proposed order
The discovery-dispute submission must include a proposed order and, when the dispute concerns discovery responses, the disputed requests and responses as exhibits.
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.
CRITICALCivil cases
- Applies to
- Scheduling order amendment request
A stipulation or request to amend the scheduling order must include a chart listing every court-ordered event and its current and proposed deadline or date.
Any stipulation or other request to amend the scheduling order shall include a chart that lists each court-ordered event with a deadline/date (even if it is not being changed), the current deadline/date, and the new proposed deadline/date.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents.
The proposed final pretrial order shall contain a table of contents.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
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’ 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.
CRITICALCivil cases
- Applies to
- Protective order
Any proposed protective order must include the specified paragraph concerning disclosure of confidential information in other proceedings.
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.
CRITICALCivil cases
- Applies to
- Sealing redaction motion
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.
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.
CRITICALCivil cases
- Applies to
- Moving party discovery dispute letter
- Must include
- proposed order
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 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.
CRITICALCivil cases
- Applies to
- Joint status report
On the specified date, counsel must submit a joint letter reporting on the issues in the case and discovery progress.
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.
CRITICALCivil cases
- Applies to
- Moving party concise statement
Each fact in the moving party’s concise statement must appear in its own numbered paragraph and cite the record specifically.
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The Joint Claim Construction Brief must combine the unfiled briefs and present the parties’ positions on each claim term in sequential order, substantially in the provided form.
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.
CRITICALCivil cases
- Applies to
- In limine request
An in limine request and any response must include the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon.
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must attach the proposed amended pleading and a blackline comparison to the prior pleading.
Any motion to amend shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary judgment motion must include a separate concise statement identifying the material facts the moving party says are essential and undisputed.
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.
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Motion for teleconference
The motion must list the issues to be resolved at the teleconference.
• [LIST ISSUES TO BE RESOLVED]
CRITICALCivil cases
- Applies to
- Letter
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.
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.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must include a table of contents and numbered paragraphs.
The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.
CRITICALCivil cases
- Applies to
- Amended joint claim construction chart
The amended Joint Claim Construction Chart must list all agreed constructions and all terms still in dispute.
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.
CRITICALCivil cases
- Applies to
- Concise statement response
The opposing party’s response must admit or dispute facts paragraph by paragraph and cite the record for disputed facts.
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.
CRITICALCivil cases
- Applies to
- Joint appendix
The parties’ joint appendix must contain the patents at issue, relevant intrinsic evidence, and other evidence cited in their briefing.
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.
CRITICALCivil cases
- Applies to
- Expert report
Other expert reports require consent of all parties or leave of the Court.
No other expert reports will be permitted without either the consent of all parties or leave of the Court.
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary-judgment motion must include a separate concise statement detailing each matter, limited to six pages.
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary-judgment motion must include a separate concise statement detailing the material facts the moving party contends are essential to resolving the motion, rather than the entire case.
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
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified “Other Proceedings” paragraph.
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.
CRITICALCivil cases
- Applies to
- Motion for sealing or redaction
The motion for sealing or redaction must include the complete transcript highlighted to identify the proposed material 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.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order must include all in limine requests and responses.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Pretrial order
Page limits for proposed Findings of Fact must be proposed in pretrial order.
The parties shall propose page limits for the proposed Findings of Fact in the pretrial order.
CRITICALCivil cases
- Applies to
- Transcript of designations
- Must include
- two copies for court, one copy for court reporter
Two copies of transcript of designations/counter-designations for Court, plus one copy for court reporter.
shall provide the Court with two copies of the transcript of the designations and counter- designations that will be read or played. An additional copy shall be provided to the court reporter.
CRITICALCivil cases
- Applies to
- Submission
- Must include
- word count
Any submission using a word-count limit must include a certification of total word count.
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.
CRITICALCivil cases
- Applies to
- Trial exhibit list
- Must include
- ao form 187
Completed AO Form 187 exhibit list required on first day of trial.
On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.
CRITICALCivil cases
- Applies to
- Deposition testimony
Irrelevant and redundant material, including counsel colloquy and objections, must be eliminated when deposition is read/viewed at trial.
All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.
CRITICALCivil cases
- Applies to
- Post trial brief
Post-trial briefing may rely only on admitted trial exhibits.
Only admitted trial exhibits may be relied upon in post-trial briefing.
CRITICALCivil cases
- Applies to
- Post trial submission
Post-trial submissions must refer to trial exhibits by exhibit number using PTX-, DTX-, or JTX- notation.
Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)
CRITICALCivil cases
- Applies to
- Post trial briefing
- Must include
- conform to d del lr 7 1 3
Post-trial briefing must conform to D. Del. LR 7.1.3 unless court orders otherwise.
Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.
CRITICALCivil cases
- Applies to
- Post trial briefs
No appendices allowed with post-trial briefs.
No appendices shall be submitted with post-trial briefs.
CRITICALCivil cases
- Applies to
- Witness examination
Witness examination limited to direct, cross, and redirect examination only.
Examination of witnesses shall be limited to direct, cross and redirect.
CRITICALCivil cases
- Applies to
- Pretrial order
Pretrial order contains maximum deposition designations, counter-designations, and objections; no supplementation without approval or court leave.
The pretrial order contains the maximum universe of deposition designations, counter- designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.
CRITICALCivil cases
- Applies to
- Witness notebooks
- Must include
- copies for judge, copies for witness, copies for law clerk +1 more
The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. Witness 2. Judge 3. Law Clerk 4. Court Reporter
The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. Witness 2. Judge 3. Law Clerk 4. Court Reporter
CRITICALCriminal cases
- Applies to
- Response
- Must include
- position on evidentiary hearing
US response to suppression motions must state position on evidentiary hearing.
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 and include the reasons for that position of the United States, if appropriate.
CRITICALCivil cases
- Applies to
- Trial exhibit list
Each party must provide a completed AO Form 187 exhibit list to the Courtroom Deputy on the first day of trial.
On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.
CRITICALCivil cases
- Applies to
- Post trial submission
Admitted exhibits not specifically addressed in post-trial submissions are deemed stricken from the record.
Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
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. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart
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. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart
CRITICALCivil cases
- Applies to
- Deposition objections
- Must include
- copy of entire deposition testimony, offering partys response to objection, brief indication of basis for objection +3 more
Unresolved deposition objections must be submitted 2 calendar days before witness testimony with highlighted deposition and cover letter.
If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.
CRITICALCivil cases
- Applies to
- Evidentiary disputes
- Must include
- raise disputes before exhibit offer, raise disputes before demonstrative use, raise disputes before witness testimony +1 more
Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing.
Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing.
CRITICALCivil cases
- Applies to
- Deposition designation transcript
Parties must provide two transcript copies to the Court and one additional copy to the court reporter for deposition designations/counter-designations.
shall provide the Court with two copies of the transcript of the designations and counter- designations that will be read or played. An additional copy shall be provided to the court reporter.
CRITICALCivil cases
- Applies to
- Trial exhibits
If hyperlinked briefs are not submitted, trial exhibits must be submitted within one week after filing of the last post-trial brief.
In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:
CRITICALCivil cases
- Applies to
- Amended pleading
Any amended pleading must be accompanied by a redlined version regardless of how the amendment is made.
A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion.
CRITICALCivil cases
- Applies to
- Post trial briefing
Trial exhibits must be referred to by exhibit number with PTX-, DTX-, or JTX- prefix.
Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)
CRITICALCivil cases
- Applies to
- Pretrial order
Pretrial Orders must include a table of contents and numbered paragraphs.
All Pretrial Orders must contain a table of contents and the paragraphs set forth in the body of the Pretrial Order must be numbered;
CRITICALCivil cases
- Applies to
- Proposed findings of fact
Proposed Findings of Fact required with initial brief, separately stated in numbered paragraphs with record citations.
Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.
CRITICALCivil cases
- Applies to
- Trial exhibit
Trial exhibits must be pre-marked with PTX/DTX/JTX prefix, numbered from 1, and include the civil action number.
All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.
CRITICALCivil cases
- Applies to
- Post trial submissions
- Must include
- specifically address admitted trial exhibits
Unaddressed admitted trial exhibits in post-trial submissions are deemed stricken from record.
Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.
CRITICALCivil cases
- Applies to
- Local rule 7 1 1 statement
Each Local Rule 7.1.1 Statement must specify whether the opposing party consents or opposes the motion.
All Local Rule 7.1.1 Statements shall clearly state whether the opposing party consents to the motion or has indicated that it will be opposing the motion.
CRITICALCivil cases
- Applies to
- Motion
- Must include
- local rule certificate
Mixed dispositive/non-dispositive motions must include a Local Rule 7.1.1 Statement for the non-dispositive portions.
In instances where a motion is filed seeking relief that is both dispositive and non- dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.
CRITICALCivil cases
- Applies to
- Post trial brief
Appendices are prohibited in post-trial briefs.
No appendices shall be submitted with post-trial briefs.
CRITICALCivil cases
- Applies to
- Deposition designations submission
For unresolved deposition objections, the offering party must submit highlighted deposition excerpts and a cover letter at least two calendar days before the witness is called.
Counsel shall confer prior to trial to determine what testimony will be offered by deposition. If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.
CRITICALCivil cases
- Applies to
- Deposition procedures
- Must include
- compliance required, waiver of objection for non compliance, waiver of deposition testimony for non compliance
Non-compliance with deposition procedures results in waiver of deposition testimony or objection.
Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
Intrinsic evidence must not be attached to the joint claim construction chart; instead, a joint appendix containing the patent and intrinsic evidence must be filed with the joint claim construction brief.
1. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing;
CRITICALCivil cases
- Applies to
- Motion to amend or strike
Motions to amend must attach proposed amended pleading and redline comparison; motions to strike must attach the document to be stricken.
Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken.
CRITICALCivil cases
- Applies to
- Post trial initial brief
Each party must file proposed findings of fact with the initial brief in numbered paragraphs with record citations.
Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.
CRITICALCivil cases
- Applies to
- Non dispositive motion
- Must include
- certificate of conference
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
All joint claim construction charts must follow the sample form posted on Judge Noreika's website.
2. All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart posted on Judge Noreika’s website, available at https://www.ded.uscourts.gov/sites/ded/files/chambers/Sample%20Joint%20Claim%20Chart.pdf.
CRITICALCivil cases
- Applies to
- Motion
- Must include
- local rule certificate
LR 7.1.1 Statement required for non-dispositive portions of mixed dispositive/non-dispositive motions.
In instances where a motion is filed seeking relief that is both dispositive and non- dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.
CRITICALCivil cases
- Applies to
- Amended pleading
- Must include
- redlined version
Redlined version of amended pleadings must be provided to Court.
A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion. If by matter of course, counsel shall email a PDF version of the amended pleading to the Court's judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov. Otherwise, the redlined version shall be attached to the stipulation or motion.
CRITICALCivil cases
- Applies to
- Post trial briefing
- Must include
- only admitted trial exhibits
Only admitted trial exhibits may be relied upon in post-trial briefing.
Only admitted trial exhibits may be relied upon in post-trial briefing.
CRITICALCriminal cases
- Applies to
- Suppression motion response
A U.S. response to a suppression motion must state whether an evidentiary hearing is required and explain that position when appropriate.
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 and include the reasons for that position of the United States, if appropriate.
CRITICALCivil cases
- Applies to
- Stipulation or motion
If not amended as a matter of course, the redlined version must be attached to the stipulation or motion.
Otherwise, the redlined version shall be attached to the stipulation or motion.
CRITICALCivil cases
- Deadline
- 10 days
- Applies to
- Protective order
- Must include
- confidentiality terms
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.
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.
CRITICALCivil cases
Mediation joint statement required one week before pretrial conference.
The Parties are required to submit a joint statement no later than one week before the pretrial conference.
CRITICALCivil cases
- Applies to
- Motion
- Must include
- caption
Daubert objections must be made by dispositive motion deadline
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.
CRITICALCivil cases
- Applies to
- Mediation joint statement
Mandatory in-person mediation with joint statement required one week before pretrial conference.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
Joint Claim Construction Brief must not include general summaries of claim construction law.
The parties need not include any general summaries of the law relating to claim construction.
CRITICALCivil cases
- Applies to
- Jury instructions
- Must include
- proposed voir dire, special verdict forms, final jury instructions +1 more
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.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The Joint Claim Construction Chart should include an explanation of why resolution of the dispute makes a difference.
The Joint Claim Construction Chart should include an explanation of why resolution of the dispute makes a difference.
CRITICALCivil cases
Joint mediation statement must include mediator ID, lead counsel, mediation length, and good faith certification.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
- Must include
- proposed order
Joint claim construction brief filing requires simultaneous motion requesting hearing and stating requested argument time.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
Parties must file a Joint Claim Construction Brief by copying unfiled briefs into one document with positions in sequential order.
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.
CRITICALCivil cases
- Applies to
- Scheduling order
- Must include
- expected ipr filings, future litigation disclosure
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.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
Materials that would be in an appendix must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
CRITICALCivil cases
- Applies to
- Pretrial order
- Must include
- proposed order
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.
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.
CRITICALCivil cases
- Applies to
- Jury instructions
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.
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.
CRITICALCivil cases
- Applies to
- Jury instructions
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.
CRITICALCivil cases
- Applies to
- Protective order
- Must include
- other proceedings disclosure paragraph
Protective orders must include paragraph about disclosure in other proceedings.
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.
CRITICALCriminal cases
- Applies to
- Response
- Must include
- position on evidentiary hearing
Suppression motion responses must include position on evidentiary hearing
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.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
Joint Claim Construction Chart must not include argument.
In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Motion
- Must include
- caption
Motions to join parties or amend pleadings must be filed by specified deadline
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ___________
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
- Must include
- compliance with local rule
Joint proposed final pretrial order due 4 business days before pretrial conference by 5 p.m.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
- Must include
- caption
Joint Claim Construction Brief must combine unfiled briefs in sequential order.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
- Must include
- caption
Joint Claim Construction Brief must be filed by specified deadline.
No later than ___________, the parties shall file a Joint Claim Construction Brief.
CRITICALCivil cases
- Applies to
- Non dispositive motion
- Must include
- local rule certificate
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
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.
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.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
- Must include
- notice of electronic filing
Joint Claim Construction Chart must be filed by specified deadline.
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__.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
Patent(s) and relied-upon intrinsic record portions must be submitted with Joint Claim Construction Chart.
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.
CRITICALCivil cases
- Applies to
- Scheduling order
- Must include
- preliminary damages views
All parties shall be prepared to discuss at the conference what their preliminary views of damages are.
All parties shall be prepared to discuss at the conference what their preliminary views of damages are.
CRITICAL
- Applies to
- Brief
- Must include
- word count
Certification of total word count is required when using word count limit.
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.
CRITICALCivil cases
- Applies to
- Pretrial order
Joint proposed final pretrial order due by 5 p.m. on 3rd business day before final pretrial conference.
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.
CRITICALCivil cases
- Applies to
- Scheduling order
- Must include
- other litigation statement
The parties should set forth a statement identifying any other pending or completed litigation including IPRs involving one or more of the asserted patents.
The parties should set forth a statement identifying any other pending or completed litigation including IPRs involving one or more of the asserted patents.
CRITICALCivil cases
- Applies to
- 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.
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.
CRITICALCivil cases
- Applies to
- Protective order
Any proposed protective order must include the specified 'Other Proceedings' paragraph.
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.
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary judgment motion must include a separate concise statement identifying each material fact the moving party contends is essential to resolving that motion.
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
CRITICALCivil cases
- Applies to
- Initial patent disclosures
For each defendant, the plaintiff must identify the accused products and asserted patents and produce each asserted patent’s file history within 30 days after the Rule 16 Conference.
4. Initial Discovery in Patent Litigation. a. Within 30 days after the Rule 16 Conference and for each defendant, the plaintiff shall specifically identify the accused products and the asserted patent(s) they allegedly infringe , and produce the file history for each asserted patent.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order should identify each witness's manner of testimony and any objections with their basis; an unlisted witness is precluded from testifying absent good cause.
[Indicate which witnesses will testify in person and which by deposition. Any witness not listed will be precluded from testifying, absent good cause shown. Indicate if there are any objections to a witness and, if so, briefly state the basis for the objection.]
CRITICALCivil cases
- Applies to
- Initial brief
Each party must submit proposed Findings of Fact with its initial brief, using numbered paragraphs, a simple narrative, and citations to the record.
Along with their initial briefs, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.
CRITICALCivil cases
- Applies to
- Concise statement of facts
A summary judgment motion must include a separate concise statement of essential undisputed material facts, with each fact in a numbered paragraph supported by specific record citations.
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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Final pretrial order
The final pretrial order must certify that the parties made a good-faith effort to explore settlement and describe the extent of those efforts and the date of the most recent substantive settlement discussions.
[Provide a certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement, including a description of the overall extent of such efforts and identification of the date of the most recent substantive discussions regarding settlement.]
CRITICALCivil cases
- Applies to
- Joint letter
The joint letter must identify the participating Delaware and Lead Counsel, the meet-and-confer dates, and a non-argumentative list of disputes requiring judicial attention.
The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
CRITICALCivil cases
- Applies to
- Proposed protective 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 file it with the Court within ten (10) days from the date of 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 file it with the Court within ten (10) days from the date of this Order.
CRITICALCivil cases
- Applies to
- Joint motion for teleconference to resolve protective order dispute
The protective-order dispute submission calls for a non-argumentative list of disputes requiring judicial attention.
[provide here a non-argumentative list of disputes requiring judicial attention]
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must be accompanied by a letter describing its basis, not an opening brief, and must attach the item to be stricken.
Any motion to strike any pleading or other document or testimony shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the document to be stricken.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must file a joint proposed final pretrial order containing the information required by the court’s form and comply with the referenced Local Rule timeframes.
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Non-Patent Pretrial Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website, on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.] 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.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
A party may be precluded from seeking relief based on claims or defenses not described in the draft pretrial order.
[The Court will preclude a party from seeking relief based on claims and defenses not described in the draft pretrial order.]
CRITICALCivil cases
- Applies to
- Conclusions of law
Separate Conclusions of Law may not be filed.
No separate Conclusions of Law shall be filed.
CRITICALCivil cases
- Applies to
- Proposed escrow agent submission
If the parties cannot agree on an escrow agent, each party must submit its proposed agents’ names and qualifications to the court for selection.
If the parties cannot agree on such an agent, each party shall submit to the court the name and qualifications of their proposed agents for the court to choose.
CRITICALCivil cases
- Applies to
- Joint appendix
Materials that would otherwise be submitted in an appendix must be filed in a joint appendix.
If there are any materials that would be submitted in an appendix, the parties shall file them in a joint appendix.
CRITICALCivil cases
- Applies to
- Joint motion for teleconference to resolve protective order dispute
The parties must file a joint motion for a teleconference to resolve the protective-order dispute.
The parties shall also file a “Joint Motion For Teleconference To Resolve Protective Order Dispute.”
CRITICALCivil cases
- Applies to
- Summary judgment reply
The moving party must include a paragraph-by-paragraph response to the opposing party’s concise statement with its reply papers.
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.
CRITICAL
- Applies to
- Wifi access request
Delaware counsel must submit the required website form to obtain WiFi authorization at least five business days before mediation, or the request will be denied.
It is the responsibility of Delaware counsel to complete and submit the required form on the website to obtain authorization of the Court, no later than 5 business days prior to the date on which the mediation conference is scheduled. Failure to submit the request in accordance with the Court’s website will result in the request being denied.
CRITICALCivil cases
- Applies to
- Joint motion for teleconference
The parties shall also file a “Joint Motion For Teleconference To Resolve Protective Order Dispute.” The suggested text for this motion can be found in Judge Burke’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Joint Motion to Resolve Protective Order Dispute.”
The parties shall also file a “Joint Motion For Teleconference To Resolve Protective Order Dispute.” The suggested text for this motion can be found in Judge Burke’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Joint Motion to Resolve Protective Order Dispute.”
CRITICALCivil cases
- Applies to
- Expert report submission
When submitting expert reports, the parties must advise when their experts are available for deposition.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified “Other Proceedings” paragraph.
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.
CRITICALCivil cases
- Applies to
- Joint proposed pretrial order
The joint proposed pretrial order must include the parties’ specified positions and requests concerning trial presentation time, impeachment, expert-testimony objections, and motions for judgment as a matter of law.
As noted in the Patent Pretrial Order, the parties shall include in their joint proposed pretrial order, among other things: a. a request for a specific number of hours for their trial presentations, as well as a requested number of days, based on the assumption that in a typical jury trial day (in which there is not jury selection, jury instruction, or deliberations), there will be 5 ½ to 6 ½ hours of trial time, and in a typical bench trial day there will be 6 to 7 hours of trial time; b. their position as to whether the Court should allow objections to efforts to impeach a witness with prior testimony, including objections based on lack of completeness and/or lack of inconsistency; c. their position as to whether the Court should rule at trial on objections to expert testimony as beyond the scope of prior expert disclosures, taking time from the parties’ trial presentation to argue and decide such objections, or defer ruling on all such objections unless renewed in writing following trial, subject to the proviso that a party prevailing on such a post-trial objection will be entitled to have all of its costs associated with a new trial paid for by the party that elicited the improper expert testimony at the earlier trial; and; d. their position as to how to make motions for judgment as a matter of law, whether it be immediately at the appropriate point during trial or at a subsequent break, whether
CRITICALCivil cases
- Applies to
- Opening letter brief
- Must include
- proposed order
The movant’s opening letter brief must attach a proposed order as an exhibit stating the nature of the relief requested.
The movant’s opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court;
CRITICALCivil cases
- Applies to
- Initial disclosures
Within 30 days after the Rule 16 Conference, each party must disclose the 10 most likely custodians in likelihood order, identifying each by name, title, role in the dispute, and information subject matter.
3. Initial Disclosures. Within 30 days after the Rule 16 Conference, each party shall disclose: a. Custodians. The 10 custodians most likely to have discoverable information in their possession , custody or control , from the most likely to the least likely. The custodians shall be identified by name, title, role in the instant dispute, and the subject matter of the information.
CRITICAL
- Applies to
- Confidential mediation statement
Mediation statements must be delivered to the Clerk’s Office in an envelope addressed to the Magistrate Judge and marked “CONFIDENTIAL MEDIATION STATEMENT.”
The mediation statements shall be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge Christopher J. Burke and marked “CONFIDENTIAL MEDIATION STATEMENT.”
CRITICAL
- Applies to
- Electronic device request letter
A request for representatives to use electronic devices contrary to the Standing Order must be submitted by counsel in a separate written letter by the mediation-statement due date and must identify the individuals, equipment, and reason for the request.
Any request that representatives of a party be permitted to utilize electronic devices during the mediation conference (i.e., contrary to the provisions in the Standing Order) shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 5 above). The request shall include the name(s) of the individual(s), a list of the equipment requested to be authorized, and a representation about why that counsel believes the presence of the requested equipment will be of assistance in the mediation process.
CRITICALCivil cases
- Applies to
- Interim status report
Counsel must file a joint interim-status letter reporting the matters in issue and discovery progress by the date specified in the order.
On _______, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must omit an opening brief and instead include a letter describing the basis for relief, the proposed amended pleading, and a blackline comparison to the prior pleading.
Any motion to amend a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Patent discovery production
Within 30 days after receiving the plaintiff’s preceding disclosures, each defendant must produce to the plaintiff core technical documents related to the accused products, including the listed examples.
4. Initial Discovery in Patent Litigation. b. Within 30 days after receipt of the above, each defendant shall produce to the plaintiff the core technical documents related to the accused product(s) , including but not limited to operation manuals, product literature, schematics, and specifications .
CRITICALCivil cases
- Applies to
- Initial patent claim chart
Within 30 days after receiving the preceding production, the plaintiff must provide each defendant an initial claim chart relating each accused product to the asserted claims it allegedly infringes.
4. Initial Discovery in Patent Litigation. c. Within 30 days after receipt of the above , plaintiff shall produce to each defendant an initial claim chart relating each accused product to the asserted claims each product allegedly infringes.
CRITICAL
- Applies to
- Participant contact information
By the mediation-statement due date, counsel must separately provide the Court with each attending attorney’s direct work number, cell number, and regularly reachable email address.
No later than the date on which mediation statements are due (see ¶ 5 below), counsel shall provide to the Court in a writing separate from the mediation statement, for each attorney who will be attending the mediation conference: (i) a direct dial work telephone number, (ii) a cellular telephone number, and (iii) an e-mail address where the attorney can be regularly reached.
CRITICAL
- Applies to
- Confidential mediation statement
The confidential mediation statement must include the information required by paragraph 7 and be submitted to the Magistrate Judge as an original and one copy by the specified date.
On or before , , an original and one copy of a confidential mediation statement containing all of the information required by ¶ 7 shall be submitted only to the Magistrate Judge.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
[Identify the facts in issue, with a brief statement of what each party intends to prove in support of its claims and/or defenses. These summaries should be sufficient to identify for the Court the essential facts in issue and to fairly notify the other parties of what counsel expects to prove at trial.]
[Identify the facts in issue, with a brief statement of what each party intends to prove in support of its claims and/or defenses. These summaries should be sufficient to identify for the Court the essential facts in issue and to fairly notify the other parties of what counsel expects to prove at trial.]
CRITICALCivil cases
Identify any desired pleading amendments and state whether each is opposed and, if so, the grounds for the objection.
[Indicate any amendments of the pleadings desired by any party, along with a statement whether the proposed amendment is objected to and, if objected to, the grounds for the objection.]
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order should state the number of hours requested for the parties' trial presentations.
[The trial will be timed. Indicate the number of hours the parties request for their trial presentations.]
CRITICAL
- Applies to
- Confidential mediation statement
The mediation statement must include a “The Parties” heading and describe the parties, their relationship, representation, and all participants attending for each party.
“The Parties”: Provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference.
CRITICALCivil cases
- Applies to
- Draft pretrial order
If deposition objections remain to be resolved, counsel must submit the transcript and an objection summary with the draft pretrial order.
If there are objections that will need to be resolved, counsel will submit the transcript and a summary of the objections with the draft pretrial order.
CRITICAL
- Applies to
- Mediation participant list
By the mediation-statement due date, counsel must give the opposing parties a list of all attending attorney and non-attorney representatives.
No later than the date on which mediation statements are due (see ¶ 5 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives who will be attending mediation on behalf of their party, to the opposing party or parties.
CRITICALCivil cases
The parties must state their positions on when and how motions for judgment as a matter of law will be made, whether the jury will be present, and whether the motions may be supplemented in writing.
[The parties shall provide their position(s) as to how they will make motions for judgment as a matter oflaw, whether it be immediately at the appropriate point during trial or at a subsequent break, whether the jury should be in or out of the courtroom at the time such motions are made and/or argued, and whether such motions may be supplemented in writing.]
CRITICALCivil cases
- Applies to
- Joint letter
Counsel must file a joint letter reporting on the issues and discovery progress to date.
On _______, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Direct examination exhibits
A party must provide exhibits for direct examination by 6:00 p.m. on the day before their intended use.
A party will provide exhibits to be used in connection with direct examination by 6:00 p.m. the day before their intended use,
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) at issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) at issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Joint letter
The parties must submit a joint letter by the Joint Claim Construction Brief due date addressing testimony, requested hearing time, and presentation order for claim terms.
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.
CRITICALCivil cases
- Applies to
- Claim construction brief
When arguing that a claim term has its plain and ordinary meaning, provide a proposed construction stating what that meaning is.
If you think a claim term should be given its plain and ordinary meaning, you still need to provide Judge Burke with a proposed construction that sets out what you think that plain and ordinary meaning actually is.
CRITICALCivil cases
- Applies to
- Claim construction motion
Each party must file a nonargumentative Motion for Claim Construction with the Joint Claim Construction Brief, using the stated request.
Each party shall file concurrently with the Joint Claim Construction Brief a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ]).”
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The jurisdiction of the Court is not disputed [or, if the issue has not previously been raised, the basis on which jurisdiction is contested] and is based on [state the statutory, constitutional, or other basis of jurisdiction].
The jurisdiction of the Court is not disputed [or, if the issue has not previously been raised, the basis on which jurisdiction is contested] and is based on [state the statutory, constitutional, or other basis of jurisdiction].
CRITICAL
- Applies to
- Request to modify in person attendance
A request to modify the in-person attendance requirement must be in writing, copied to counsel or pro se parties, and made at least 14 days before mediation.
Any request to modify this in-person- attendance requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference.
CRITICALCivil cases
- Applies to
- Motion for sealing or redaction
A transcript-sealing or redaction motion must include a highlighted copy of the complete transcript and a copy of the proposed redacted or sealed transcript, and the requesting party must demonstrate good cause; the supplied text ends mid-sentence.
Should the 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 its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of
CRITICALCivil cases
- Applies to
- Checklist
The checklist must address each matter listed in the Revised Patent Form Scheduling Order.
Address each matter listed in the Revised Patent Form Scheduling Order
CRITICALCivil cases
- Applies to
- Letter brief
If factual issues are disputed or central to the Court’s analysis, the parties must attach sworn declarations or affidavits addressing those issues to their letter briefs.
To the extent that factual issues are disputed or are otherwise central to the Court’s analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.
CRITICAL
- Applies to
- Mediation statement
The mediation statement must describe the party’s proposed settlement framework and any outside interests, issues, or suggestions that could affect resolution.
e) “Settlement Proposal”: Describe the party’s proposed framework for a resolution (i.e., describe what the material components of a settlement agreement are from the party’s perspective and provide a proposal as to what the content of each of those components should be). Identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described.
CRITICALCivil cases
- Applies to
- Moving party concise statement
Each fact in the moving party’s concise statement must be in a separate numbered paragraph and supported by specific record citations.
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Motion to stay
A motion to stay must be accompanied by a letter describing its basis, not an opening brief.
Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order must set forth all in limine requests and responses.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Initial disclosures
Within 30 days after the Rule 16 Conference, the parties must identify issues concerning inaccessible ESI, third-party discovery and its timing or sequencing, and production of privacy-protected or foreign-law-governed information; lack of proper notice may impair a party’s ability to pursue or protect that information.
3. Initial Disclosures. Within 30 days after the Rule 16 Conference, each party shall disclose: c. Notice. The parties shall identify any issues relating to: (i) Any ESI (by type, date, custodian, electronic system or other criteria) that a party asserts is not reasonably accessible under Fed. R. Civ. P. 26(b)(2)(C)(i). (ii) Third-party discovery under Fed . R. Civ. P. 45 and otherwise , including the timing and sequencing of such discovery. (iii) Production of information subject to privacy protections, including information that may need to be produced from outside of the United States and subject to foreign laws. Lack of proper notice of such issues may result in a party losing the ability to pursue or to protect such information.
CRITICALCivil cases
- Applies to
- Discovery dispute teleconference motion
The moving party (i.e., the party seeking relief from the Court) should also file a “Motion For Teleconference To Resolve Discovery Dispute.”
The moving party (i.e., the party seeking relief from the Court) should also file a “Motion For Teleconference To Resolve Discovery Dispute.”
CRITICALCivil cases
- Applies to
- Pretrial order
A witness not listed in the pretrial order may not testify unless good cause is shown.
Any witness not listed will be precluded from testifying, absent good cause shown.
CRITICALCivil cases
- Applies to
- Trial exhibit list
The parties must list their pre-marked trial exhibits and cite the Federal Rules of Evidence for objections; unlisted exhibits are excluded absent good cause, while unobjected exhibits are admitted under the Final Pretrial Order without additional foundation testimony.
[The parties are to provide a list of pre-marked exhibits that each party intends to offer at trial, along with citations to the Federal Rules of Evidence to note any objections thereto lodged by any other party. Exhibits not listed will not be admitted unless good cause is shown. Exhibits not objected to will be received into evidence by the operation of the Final Pretrial Order without the need for additional foundation testimony.]
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must omit an opening brief and instead include a letter describing the basis for relief and attach the document to be stricken.
Any motion to strike any pleading or other document or testimony shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the document to be stricken.
CRITICALCivil cases
- Applies to
- Exhibit list
Counsel must deliver a completed AO Form 187 exhibit list for each party to the Courtroom Deputy by the first day of trial.
On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.
CRITICALCivil cases
- Applies to
- Response to moving partys concise statement
Opposing papers must include a paragraph-by-paragraph response to the moving party’s concise statement, with record citations supporting any disputed fact.
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.
CRITICALCivil cases
- Applies to
- Joint letter
The joint letter requesting a discovery teleconference must identify the participating counsel and meet-and-confer dates and list the disputes non-argumentatively.
Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
CRITICALCivil cases
- Applies to
- Claim construction issue list
The parties must exchange a list of claim terms needing construction and their proposed constructions, not file that list, and then meet and confer to prepare the Joint Claim Construction Chart.
On ____________, 202_, 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. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed with the Court on ____________, 202_.
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must not include an opening brief; it must include a letter explaining the basis for relief and attach the proposed amended pleading and a blackline comparison.
Any motion to amend a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must file a joint proposed final pretrial order containing the information required by the Patent Pretrial form.
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Patent Pretrial
CRITICALCivil cases
- Applies to
- Opening letter brief
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.
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.
CRITICALCivil cases
- Applies to
- Draft pretrial order
A party may be precluded from seeking relief based on claims or defenses not described in the draft pretrial order.
[The Court will preclude a party from seeking relief based on claims and defenses not described in the draft pretrial order.]
CRITICALCivil cases
- Applies to
- Summary judgment opposition
An opposing party must respond paragraph by paragraph to the moving party’s concise statement, support disputes with record citations, and may submit a separate concise statement of material disputed facts; unanswered facts are treated as undisputed for summary judgment.
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. 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.
CRITICALCivil cases
- Applies to
- Opening letter brief
- Must include
- proposed order
The movant’s opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; 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.
The movant’s opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; 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.
CRITICALCivil cases
- Applies to
- Initial disclosures
Within 30 days after the Rule 16 Conference, each party must list the non-custodial data sources most likely to contain non-duplicative discoverable information, ordered from most likely to least likely, for preservation and production consideration.
3. Initial Disclosures. Within 30 days after the Rule 16 Conference, each party shall disclose: b. Non-custodial data sources. 2 A list of the non-custodial data sources that are most likely to contain non-duplicative discoverable information for preservation and production consideration , from the most likely to the least likely.
CRITICALCivil cases
- Applies to
- Joint motion for teleconference to resolve protective order dispute
The protective-order dispute submission calls for identifying the attorneys who participated in a verbal meet-and-confer, including at least one Delaware Counsel and one Lead Counsel for each party, and the date or dates.
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):
CRITICALCivil cases
- Applies to
- Final pretrial order
[List any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness' testimony.]
[List any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness' testimony.]
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
[This section should contain a comprehensive statement of the facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury at the beginning of the evidentiary portion of the trial.]
[This section should contain a comprehensive statement of the facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury at the beginning of the evidentiary portion of the trial.]
CRITICALCivil cases
The parties must indicate the number of hours they request for their trial presentations.
Considering the Court's procedures for counting time, and considering the nature and extent of the parties' disputes, the parties request_ hours for their trial presentation. [Indicate the number ofhours the parties request for their trial presentations.
CRITICALCivil cases
- Applies to
- Deposition designations transcript
When calling a witness to testify by deposition, the party must provide the Court two copies of the transcript designations and counter-designations.
When the witness is called to testify by deposition at trial, the party calling the witness shall provide the Court with two copies of the transcript of the designations and counter- designations that will be read or played.
CRITICALCivil cases
- Applies to
- Motion for leave
A party seeking leave to file an early case-dispositive motion must file a motion and an accompanying letter brief explaining why early filing should be permitted.
A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a motion and an accompanying letter brief with the Court of no more than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion should be permitted.
CRITICALCivil cases
- Applies to
- Initial brief
Each party's initial brief must include proposed findings of fact in separately numbered paragraphs and conclusions of law with supporting citations.
In their initial briefs, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form. In their initial briefs, each party shall also provide Conclusions of Law, with supporting citations.
CRITICALCivil cases
- Applies to
- Exhibit objections
Objections to exhibits must be provided no later than 8:00 p.m. on the night before their intended use.
and objections will be provided no later than 8:00p.m. the night before their intended use.
CRITICAL
- Applies to
- Participant contact information
Unrepresented parties must provide at least one of the listed forms of contact information.
Unrepresented parties shall provide at least one of these three forms of contact information.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief].
This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief].
CRITICAL
- Applies to
- Mediation statement
The mediation statement must separately list fees and costs incurred to date and good-faith estimates of additional fees and costs if the matter does not settle.
f) “Fees and Costs”: List separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.
CRITICALCivil cases
- Applies to
- Motion in limine
Each in limine request and response must contain the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order should include an itemized statement of all damages, including special damages.
[Include an itemized statement of all damages, including special damages.]
CRITICALCivil cases
- Applies to
- Exhibit list
Counsel must deliver a completed AO Form 187 exhibit list for each party to the Courtroom Deputy on or before the first day of trial.
On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.
CRITICALCivil cases
- Applies to
- Motion in limine
Each side may submit no more than three in limine requests unless the Court permits more.
Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.
CRITICALCivil cases
- Applies to
- Exhibit list
An exhibit omitted from the list will not be admitted unless good cause is shown.
Exhibits not listed will not be admitted unless good cause is shown.
CRITICALCivil cases
- Applies to
- Joint status report
The parties must file a joint status report with the verdict judgment order stating how the case should proceed and listing each party’s intended post-trial motions.
At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
CRITICALCivil cases
- Applies to
- Letter brief
If factual issues are disputed or central to the Court’s analysis, the parties must attach sworn declarations or affidavits addressing those issues to their letter briefs.
To the extent that factual issues are disputed or are otherwise central to the Court’s analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICAL
- Applies to
- Confidential mediation statement
The mediation statement must include a “Factual and Legal Background” heading, identify disputed and undisputed material facts, summarize relevant law, and explain the party’s position on key issues.
“Factual and Legal Background”: Provide a brief factual background, clearly indicating which material facts are or are not in dispute, and a brief summary of the relevant law, including applicable statutes, cases and standards. Explain your side’s position as to the key factual and legal issues in the case.
CRITICALCivil cases
- Applies to
- Judgment order
- Must include
- proposed order
The parties must jointly file an order to enter judgment within seven days after a jury returns a verdict in any portion of a jury trial.
Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.
CRITICALCivil cases
- Applies to
- Source code manifest
The provider must supply a printed and electronic manifest listing the name, location, and MD5 checksum of every source and executable file on the computer.
The source code provider shall provide a manifest of the contents of the stand-alone computer. This manifest, which will be supplied in both printed and electronic form, will list the name, location, and MD5 checksum of every source and executable file escrowed on the computer.
CRITICALCivil cases
- Applies to
- Reply response to opposing partys concise statement
The moving party must include with its reply a paragraph-by-paragraph response to the opposing party’s concise statement of facts.
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.
CRITICALCivil cases
- Applies to
- Final pretrial order
The Final Pretrial Order should certify the parties’ good-faith settlement efforts and describe their extent and the date of the most recent substantive settlement discussions.
[Provide a certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement, including a description of the overall extent of such efforts and identification of the date of the most recent substantive discussions regarding settlement.]
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order should state whether the parties want a bifurcated trial and, if so, why.
[Indicate whether the parties desire a bifurcated trial, and, if so, why.]
CRITICALCivil cases
- Applies to
- Supplementation
Unless the parties agree and the Court approves otherwise, the parties must finally supplement their identifications of accused products and invalidity references by the specified date.
Absent agreement among the parties, and approval of the Court, no later than _____________________, the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order should identify any desired pleading amendments, whether they are objected to, and the grounds for any objection; the source text is incomplete.
[Indicate any amendments of the pleadings desired by any party, along with a statement whether the proposed amendment is objected to and, if objected to, the grounds for the
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must identify the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Deposition objection submission
If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) a copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no
If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) a copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no
CRITICALCivil cases
- Applies to
- Application to court
Unless otherwise specified, applications to the Court must be made by written motion filed with the Court.
Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Court.
CRITICALCivil cases
- Applies to
- Pretrial order
The parties must provide a list of their pre-marked trial exhibits and cite the Federal Rules of Evidence for objections lodged by another party.
[The parties are to provide a list of pre-marked exhibits which each party intends to offer at trial, along with citations to the Federal Rules of Evidence to note any objections thereto lodged by any other party.]
CRITICALCivil cases
- Applies to
- Checklist
- Must include
- proposed order
A joint proposed scheduling order must be submitted along with the checklist.
submit, along with this Checklist, a joint proposed scheduling order
CRITICALCivil cases
- Applies to
- Pretrial order
The pretrial order sets the maximum universe of case-in-chief exhibits and objections, which may be supplemented only with all parties’ approval or Court leave on good cause.
This pretrial order contains the maximum universe of exhibits to be used in any party's case-in-chief, as well as all objections to the admission of such objections, neither of which shall be supplemented without approval of all parties or leave of the Court, on good cause shown.
CRITICALCivil cases
- Applies to
- Joint letter
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 dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:
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 dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
[Include a statement of the issues of law which any party contends remain to be litigated, and a citation of authorities relied upon by each party.]
[Include a statement of the issues of law which any party contends remain to be litigated, and a citation of authorities relied upon by each party.]
CRITICAL
- Applies to
- Mediation statement
The mediation statement must describe prior settlement discussions, recent offers or demands, reasons for rejection, and why settlement has not been reached.
d) “Settlement Efforts”: Provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties, the reasons for rejection, and the party’s assessment as to why settlement has not been reached.
CRITICALCivil cases
- Applies to
- Proposed protective order
Every proposed protective order must include the specified paragraph about disclosure in other proceedings.
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.
CRITICALCivil cases
- Applies to
- Joint letter
For an unresolved discovery or protective-order dispute, the parties must file a joint letter requesting a discovery teleconference that identifies the participating Delaware and Lead Counsel and meet-and-confer dates, and lists the disputes non-argumentatively.
the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention]
CRITICAL
- Applies to
- Discovery plan
All fact discovery must be completed by specified date.
(a) Fact Discovery Cutoff. All fact discovery in this case shall be initiated so that it will be completed on or before [DATE].
CRITICALCivil cases
- Applies to
- Letter
- Must include
- proposed order
Discovery dispute letter submission must include a proposed order specifying the relief sought.
This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-
CRITICAL
- Applies to
- Disclosure
Plaintiff must identify accused products, asserted patents, damages theory, and prosecution history by specified date.
Absent agreement among the parties and approval of the Court: (a) Identification of Accused Products and Asserted Patents. On or before [DATE], Plaintiff shall identify the accused product(s) [or method(s) or system(s)], the asserted patent(s) and Plaintiff’s damages theory. On the same date, Plaintiff shall also produce the prosecution history for each asserted patent.
CRITICAL
- Applies to
- Motion
- Must include
- local rule certificate
Non-dispositive motions must contain the Local Rule 7.1.1 statement.
Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.
CRITICAL
- Applies to
- Discovery plan
Document production must be substantially complete by specified date.
(b) Document Production. Document production shall be substantially complete by [DATE].
CRITICALCivil cases
- Applies to
- Motion for sealing redaction
- Must include
- proposed order
Motion for sealing/redaction must include highlighted transcript and proposed redacted version.
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.
CRITICAL
- Applies to
- Motion to seal
Post-proceeding sealing/redaction requests must promptly file a motion with highlighted complete transcript and proposed redacted version attached.
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.
CRITICAL
- Applies to
- Summary judgment opposition
- Must include
- concise statement response
Opposition to summary judgment must include a 6-page response to the moving party's concise statement.
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.
CRITICALCivil cases
- Applies to
- Proposed protective order
Proposed protective orders must include a specific 'Other Proceedings' paragraph regarding disclosure in other cases.
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.
CRITICAL
- Applies to
- Invalidity contentions
Defendant must provide initial and final invalidity contentions by specified dates; Plaintiff must provide initial and final validity contentions by specified dates.
(d) Invalidity Contentions. On or before [DATE], Defendant shall provide its initial invalidity contentions for each asserted claim and the related invalidating references. On or before [DATE], Plaintiff shall provide its initial validity contentions in response to Defendant’s initial contentions. On or before [DATE], Defendant shall provide its final invalidity contentions. On or before [DATE], Plaintiff shall provide its final validity contentions in response to Defendant’s final contentions.
CRITICAL
- Applies to
- Daubert motion
Daubert objections must be made by dispositive motion deadline.
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.
CRITICAL
- Applies to
- Expert discovery
Expert discovery must be completed by [DATE].
All expert discovery in this case shall be initiated so that it will be completed on or before [DATE].
CRITICALCivil cases
- Applies to
- Motion
Motions to amend or strike must attach proposed amended pleading with redline comparison or document proposed to be stricken.
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.
CRITICAL
- Applies to
- Summary judgment reply
- Must include
- concise statement response
Reply to summary judgment must include a 4-page response to the opposition's concise statement.
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.
CRITICAL
- Applies to
- Final contentions
All final contentions must include positions under both parties' proposed claim constructions.
(e) All final contentions (i.e., infringement, non-infringement, invalidity, validity) must include a party’s contentions under its proposed claim construction(s), as well as under the opposing claim construction(s) (if such an alternative contention exists).
CRITICALCivil cases
- Applies to
- Motion to join party
- Must include
- proposed order
Motions to join parties or amend pleadings must be filed by specified deadline.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].
CRITICALCivil cases
Joint claim construction charts must follow the sample format on Judge Tennyson's website.
All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.
CRITICAL
- Applies to
- Case dispositive motion
Summary judgment motions must be accompanied by a separate concise statement of material facts in numbered paragraphs with record citations.
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) 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 for which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICAL
- Applies to
- Expert report
Expert report deadlines: initial [DATE], supplemental [DATE], reply [DATE].
For the party who has the initial burden of proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. No other expert reports will be permitted without either the consent of all parties or leave of the Court.
CRITICAL
- Applies to
- Jury instructions
- Must include
- joint proposed versions
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. The Court expects the parties to work together to submit joint proposed versions of the voir dire, preliminary jury instructions and final jury instructions, indicating within those joint submissions any differences between the parties’ proposals.
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. The Court expects the parties to work together to submit joint proposed versions of the voir dire, preliminary jury instructions and final jury instructions, indicating within those joint submissions any differences between the parties’ proposals.
CRITICAL
- Applies to
- Pretrial order
Proposed final pretrial order must contain table of contents and numbered paragraphs.
The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.
CRITICALCivil cases
- Applies to
- Pretrial order
Proposed final pretrial order must include table of contents and numbered paragraphs.
The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.
CRITICAL
- Applies to
- Joint claim construction brief
- Must include
- joint appendix, patents included, intrinsic evidence included
Joint appendix must include patents and relevant intrinsic evidence.
the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence, as well as any additional evidence cited in the parties’ briefing.
CRITICAL
- Applies to
- Summary judgment opposition
Opposition may include a 4-page concise statement of disputed facts.
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.
CRITICAL
- Applies to
- Motion to amend
- Must include
- proposed order, redline comparison
Motions to amend/strike must include proposed pleading and redline comparison.
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.
CRITICAL
- Applies to
- Motion
- Must include
- expert declarations prohibited
[will not] permit expert declarations to be filed in connection with motions briefing (including case dispositive motions).
[will not] permit expert declarations to be filed in connection with motions briefing (including case dispositive motions).
CRITICALCivil cases
- Applies to
- Pretrial order
Motions in limine must be included in the proposed pretrial order, not filed separately.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Initial disclosure
Initial disclosures under Rule 26(a)(1) must be made within 5 days of order entry.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.
CRITICAL
- Applies to
- Summary judgment motion
- Must include
- concise statement of facts
Summary judgment motions require a concise statement (max 6 pages) of essential undisputed facts.
Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) 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 for which the moving party contends there is no genuine issue to be tried.
CRITICAL
- Applies to
- Motion
Motions to amend must attach proposed amended pleading with redline comparison; motions to strike must attach document proposed to be stricken.
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.
CRITICALCivil cases
- Applies to
- Motion
- Must include
- local rule certificate
Non-dispositive motions must include the statement required by Local Rule 7.1.1.
Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.
CRITICAL
- Applies to
- Infringement contentions
Plaintiff must provide initial and final infringement contentions by specified dates; Defendant must provide initial non-infringement contentions by specified date.
(c) Infringement Contentions. On or before [DATE], Plaintiff shall provide its initial infringement contentions for each asserted claim. On or before [DATE], Defendant shall provide its initial non-infringement contentions in response to Plaintiff’s initial contentions. On or before [DATE], Plaintiff shall provide its final infringement contentions. On or before [DATE],
CRITICAL
- Applies to
- Motion
Motions in limine must be included in proposed pretrial order, not filed separately.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICAL
Intrinsic evidence shall not be attached to joint claim construction chart; must be included in separate joint appendix.
Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence, as well as any additional evidence cited in the parties' briefing.
CRITICAL
- Applies to
- Disclosure
Defendant must produce core technical documents and sales figures by specified date.
(b) Core Technical Documents. On or before [DATE], Defendant shall produce core technical documents related to the accused product(s) sufficient to show the functionality of the accused product(s), including but not limited to non-publicly available operation manuals, product literature, schematics and specifications. Defendant shall also produce sales figures for the accused product(s).
CRITICAL
- Applies to
- Discovery motion
- Must include
- proposed order
Discovery dispute filings must include proposed order with issue-specific relief and related discovery materials.
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.
CRITICAL
- Applies to
- Discovery motion
- Must include
- must follow procedures
Discovery motions must follow specific procedures or be denied.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.
CRITICALCivil cases
- Applies to
- Expert report
When submitting expert reports, the parties must advise of their experts' available deposition dates and times.
Along with the submission of the expert reports, the parties shall advise of the dates and times of their experts' availability for deposition.
CRITICALCivil cases
- Applies to
- Initial disclosures
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)(l) within five (5) days of the date the Court enters this Order.
CRITICALCivil cases
- Applies to
- Deadline chart
Counsel must provide a chart of all relevant deadlines.
# [Counsel Shall Provide a Chart of All Relevant Deadlines]
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order must include all in limine requests and responses.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Application to court
Unless otherwise specified, applications to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Reply response to concise statement
The moving party must include a paragraph-by-paragraph response to the opposing party’s concise statement with its reply papers.
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.
CRITICALCivil cases
- Applies to
- Expert report
When submitting expert reports, the parties must provide the dates and times their experts are available for deposition.
Along with the submission of the expert reports, the parties shall advise of the dates and times of their experts' availability for deposition.
CRITICALCivil cases
- Applies to
- Protective order
Any proposed protective order must include the specified paragraph concerning disclosure of information in other proceedings.
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.
CRITICALCivil cases
- Applies to
- Supplemental disclosures
Unless the parties agree and the Court approves otherwise, the parties must finally supplement their identifications of accused products and invalidity references by the specified date.
Absent agreement among the parties, and approval of the Court, no later than __________, 202_, the parties must finally supplement, *inter alia*, the identification of all accused products and of all invalidity references.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
Intrinsic evidence and patent copies must not be attached to the chart; the joint appendix with the joint brief must contain those materials and any additional evidence cited in the briefing.
Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties' briefing.
CRITICALCivil cases
- Applies to
- Proposed protective order
Counsel should submit an agreed proposed form of protective order to the Court when seeking that 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.
CRITICALCivil cases
- Applies to
- Concise statement of facts
The separate concise statement must set out each material fact in its own numbered paragraph and support it with specific record citations.
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, 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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Joint appendix
Materials that would otherwise be submitted in an appendix must be filed in a joint appendix.
If there are any materials that would be submitted in an appendix, the parties shall file them in a joint appendix.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must include a table of contents.
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
CRITICALCivil cases
- Applies to
- In limine request
Each side is limited to three in limine requests unless the Court permits more, and each request and response must include the authorities relied upon.
Each side 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;
CRITICALCivil cases
- Applies to
- Expert report
Additional expert reports are prohibited unless all parties consent or the Court grants leave.
No other expert reports will be permitted without either the consent of all parties or leave of the Court.
CRITICALCivil cases
- Applies to
- Claim construction term list
The parties must exchange a list of claim terms or phrases they believe need construction and their proposed constructions.
On ________, 202_, 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).
CRITICALCivil cases
- Applies to
- Motion for sealing or redaction
A transcript sealing or redaction motion must include a highlighted complete transcript and a copy of the 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.
CRITICALCivil cases
- Applies to
- Letter
- Must include
- proposed order
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, in 12-point font, outlining the issues in dispute and its position on those issues. 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.
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, in 12-point font, outlining the issues in dispute and its position on those issues. 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.
CRITICALCivil cases
- Applies to
- Reply concise statement response
The moving party's response to the opposing party's concise statement must address it paragraph by paragraph.
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.
CRITICALCivil cases
- Applies to
- Opposition to summary judgment
An opposing party must respond paragraph by paragraph to the moving party's concise statement and support each disputed fact with specific record citations.
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.
CRITICALCivil cases
- Applies to
- Joint letter submission
The parties must submit a joint letter by the Joint Claim Construction Brief due date addressing testimony, requested hearing time, and presentation order.
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
Motions in limine must not be separately filed; all in limine requests and responses must appear 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.
CRITICALCivil cases
- Applies to
- Joint claim construction brief
The Joint Claim Construction Brief must present the parties' positions on each claim term in sequential order and substantially follow the provided form.
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.
CRITICALCivil cases
- Applies to
- Joint status report
The parties must file a joint status report with the judgment order, describing how the case should proceed and listing intended post-trial motions.
At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
CRITICALCivil cases
- Applies to
- Opposing party concise statement
Each fact in the opposing party's concise statement must be in a separate numbered paragraph and supported by specific record citations.
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.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents and numbered paragraphs.
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must include the document sought to be stricken.
Any motion to strike shall attach the document sought to be stricken.
CRITICALCivil cases
- Applies to
- Proposed protective order
Any proposed protective order must include the specified “Other Proceedings” paragraph.
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.
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must attach the proposed amended pleading and a redline comparison to the prior pleading.
Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Letter
An opposing party's letter must outline that party's reasons for opposing the requested relief.
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, in 12-point font, outlining that party's reasons for its opposition.
CRITICALCivil cases
- Applies to
- Application to court
Unless otherwise specified, applications to the Court must be made by written motion.
Except as otherwise specified herein, any application to the Court shall be by written motion.
CRITICALCivil cases
- Applies to
- Motion to strike
A motion to strike must attach the document it seeks to strike.
Any motion to strike shall attach the document sought to be stricken.
CRITICALCivil cases
- Applies to
- Motion to amend
A motion to amend must include the proposed amended pleading and a redline comparison to the prior pleading.
Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.
CRITICALCivil cases
- Applies to
- Summary judgment motion
A summary judgment motion must include a separate concise statement identifying essential, undisputed material facts, each in a numbered paragraph with record citations.
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, 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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Form of order to enter judgment
The parties must jointly file a form of order entering judgment on the verdict within seven days after a jury returns a verdict.
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.
CRITICALCivil cases
- Applies to
- Joint letter
Counsel must file a joint interim status report describing the matters in issue and discovery progress by the date specified.
On ________, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Motion for sealing redaction
The motion to seal or redact a transcript must include a highlighted complete transcript, a proposed redacted or sealed transcript, and the required showing of good cause and serious injury.
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.
CRITICALCivil cases
- Applies to
- Discovery dispute letter
- Must include
- proposed order
The submission must outline the disputed issues and the moving party’s position, include a proposed order as an exhibit, and, when applicable, attach the discovery requests and responses at issue.
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, in 12-point font, outlining the issues in dispute and its position on those issues. 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.
CRITICALCivil cases
- Applies to
- Response to concise statement
The opposing response must admit or dispute each fact paragraph by paragraph and cite the record for any disputed fact.
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.
CRITICALCivil cases
- Applies to
- Joint interim status report
Counsel must file a joint interim status letter reporting on the matters in issue and discovery progress.
On ______, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Pretrial order
Joint proposed final pretrial order must include table of contents and matters described in Local Rule 16.3(c).
The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].
CRITICALCivil cases
- Applies to
- Final disclosure
Plaintiff must provide final infringement contentions by specific date
(e) By ____________, 20__, Plaintiff shall provide final infringement contentions.
CRITICAL
- Applies to
- Mediation statement
Mediation statements require an original and one copy submitted to the Chief Magistrate Judge.
On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge.
CRITICALCivil cases
- Applies to
- Motion for discovery teleconference
Motion for Discovery teleconference must include list of up to 3 matters, meet-and-confer details, counsel identities, and joint available dates.
Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute, the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The format of the meet-and-confer (e.g., in person or by telephone); • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference
CRITICAL
- Applies to
- Mediation statement
Mediation statements must not be electronically filed.
Mediation statements shall NOT be electronically filed since they are not part of the Court record.
CRITICALCivil cases
- Applies to
- Brief
Briefs must cite specific pages of exhibits; deposition citations must include page and line numbers.
Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.
CRITICAL
- Applies to
- Protective order motion
- Must include
- proposed order
Submissions in protective order disputes must include the party's proposed content for the disputed portions only.
For disputes related to the protective order, the submissions shall include the party's proposal of the content for the disputed portion(s) only of the protective order.
CRITICALCivil cases
- Applies to
- Interim status report
Joint interim status report required by specific date
Interim Status Report. On ____________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Letter
Letter (max 4 pages, 12pt font, double-spaced) required 72 hours before discovery teleconference
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.
CRITICAL
- Applies to
- Mediation statement
Counsel must exchange participant lists with opposing parties by mediation statement deadline
No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non- attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.
CRITICALCivil cases
- Applies to
- Initial disclosure
Defendant must produce technical documents and sales figures by specific date
(b) By ____________, 20__, Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).
CRITICALCivil cases
- Applies to
- Initial disclosure
Plaintiff must produce initial claim chart by specific date
(c) By ____________, 20__, Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.
CRITICAL
- Applies to
- Mediation statement
Mediation statements must be delivered to the Clerk's Office in a marked envelope, not filed or emailed.
The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk’s Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked “CONFIDENTIAL MEDIATION STATEMENT.”
CRITICAL
- Applies to
- Mediation statement
Counsel must email court with attorney email addresses by mediation statement deadline
No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall email to the court in a writing separate from the mediation statement for each attorney who will be participating in the mediation teleconference: (i) a
CRITICALCivil cases
- Applies to
- Initial disclosure
- Must include
- caption
Defendant must produce initial invalidity contentions by specific date
(d) By ____________, 20__, Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references.
CRITICALCivil cases
- Applies to
- Brief
- Must include
- detailed citations
Exhibits must be cited with specific page and line numbers (depositions require both page and line).
Detailed Citation Required. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.
CRITICALCivil cases
- Applies to
- Final disclosure
- Must include
- caption
Defendant must provide final invalidity contentions by specific date
(f) By ____________, 20__, Defendant shall provide final invalidity contentions.
CRITICAL
- Applies to
- Mediation statement
- Must include
- judge name
Mediation statements must be delivered to Clerk's Office by 3:30 PM deadline, marked confidential, not filed electronically
On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter. Mediation statements shall NOT be electronically filed since they are not part of the Court record.
CRITICAL
- Applies to
- Discovery motion
- Must include
- caption, case number
Motion for Discovery must include list of up to 3 matters, meet-and-confer dates, participating counsel identities, and 3 available teleconference dates.
The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference
CRITICALCivil cases
- Applies to
- Court reporter arrangement
Court reporter required for all hearings and proceedings
Court Reporter. The parties shall arrange for a court reporter for all hearings and proceedings including, but not limited to, scheduling conferences, status conferences, discovery and protective order disputes, hearings, pretrial conference, and trial.
CRITICALCivil cases
- Applies to
- Non dispositive motion
- Must include
- local rule certificate
Any non-dispositive motion shall contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion shall contain the statement required by Local Rule 7.1.1.
CRITICALCivil cases
- Applies to
- Letter
Opposition letter (max 4 pages, 12pt font, double-spaced) required 48 hours before discovery teleconference
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.
CRITICAL
- Applies to
- Mediation order compliance
- Must include
- read comply order, report compliance problems
Counsel must comply with order and immediately report compliance problems to avoid sanctions
All counsel are reminded of their obligations to read and comply with this Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must include the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICAL
- Applies to
- Mediation statement
The mediation statement must separately list fees and costs incurred to date and good-faith estimates of additional fees and costs if the matter does not settle.
g) “Fees and Costs”: list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.
CRITICAL
- Applies to
- Mediation statement
The mediation statement must include a “Factual Background” heading and distinguish undisputed material facts from disputed material facts.
b) “Factual Background”: provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute.
CRITICALCivil cases
- Applies to
- Concise statement of facts
A summary-judgment motion must include a separate concise statement limited to essential material facts, with each fact in a numbered paragraph supported by specific record citations.
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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order should identify remaining legal issues and cite the authorities each party relies on.
[Include a statement of the issues of law which any party contends remain to be litigated, and a citation of authorities relied upon by each party.]
CRITICAL
- Applies to
- Mediation statement
The mediation statement must include a brief summary of applicable law, statutes, cases, and standards; counsel should include particularly relevant unreported decisions as exhibits.
c) “Summary of Applicable Law”: provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7).
CRITICALCivil cases
- Applies to
- Exhibit list
Counsel must deliver a completed AO Form 187 exhibit list for each party to the Courtroom Deputy on or before the first day of trial.
On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.
CRITICAL
- Applies to
- Mediation statement
The mediation statement must describe prior settlement discussions, the most recent offers or demands and reasons for rejection, and why settlement has not been reached.
e) “Settlement Efforts”: provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached.
CRITICALCivil cases
- Applies to
- Initial disclosures
Unless the parties agree otherwise, they must make Rule 26(a)(1) initial disclosures within five days of 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 of this Order.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The witness section should identify any witness objections and briefly state their basis.
Indicate if there are any objections to a witness and, if so, briefly state the basis for the objection.
CRITICAL
- Applies to
- Mediation statement
The mediation statement must include a “The Parties” heading and identify the parties, their relationship, their representatives, and all mediation participants for each party.
a) “The Parties”: provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference.
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must include the authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Scheduling order
Should the parties agree to modify the number of depositions under FED. R. CIV. P. 30, the number of allowed interrogatories under Rule 33 or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order.
Should the parties agree to modify the number of depositions under FED. R. CIV. P. 30, the number of allowed interrogatories under Rule 33 or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
All in limine requests and responses must be included in the proposed pretrial order.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Joint status report
The parties must submit a joint status report at the same time as the judgment order, describing how the case should proceed and listing each party’s intended post-trial motions.
At the same time, the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
CRITICALCivil cases
- Applies to
- Pretrial order
The pretrial order must include an itemized statement of all damages, including special damages.
[Include an itemized statement of all damages, including special damages.]
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents.
The proposed final pretrial order shall contain a Table of Contents.
CRITICALCivil cases
- Applies to
- Discovery dispute letter
- Must include
- proposed order
The party seeking relief must attach a proposed order setting out the requested relief to its submission.
This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The joint proposed final pretrial order must include the information required by the accompanying Final Pretrial Order form.
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 202 .
CRITICALCivil cases
- Applies to
- Motion
A Motion for Claim Construction must contain no argument and must use the specified request-only wording.
The motion shall not contain any argument and shall simply state that the party “requests” that the Court adopt the claim construction position(s) of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).
CRITICAL
- Applies to
- Mediation statement
The mediation statement must include an honest discussion of the strengths and weaknesses of the party’s claims and/or defenses.
d) “Honest Discussion of Strengths and Weaknesses”: provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses.
CRITICAL
- Applies to
- Mediation contact information
By the mediation-statement due date, counsel must separately provide the court with three contact details for each attending attorney, while unrepresented parties must provide at least one.
(a) No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall provide to the court in a writing separate from the mediation statement, for each attorney who will be attending the mediation conference: (i) a direct dial telephone work number, (ii) a cell or home telephone number, and (iii) an electronic mail address where the attorney can be regularly reached. Unrepresented parties shall provide at least one of these three forms of contact information.
CRITICAL
- Applies to
- Electronic equipment request letter
Counsel must submit a separate written letter requesting permission to bring electronic equipment, including the required identifying information, equipment list, and representations.
Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above). Any such request shall include the name(s) of the individuals, a list of the equipment requested to be authorized, and a representation that counsel believes the presence of the requested equipment will be of assistance in the mediation process and that the request is not being made just for convenience.
CRITICALCivil cases
- Applies to
- Reply
The moving party must include in its reply a response to the opposing party’s concise statement of facts, addressing it paragraph by paragraph.
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.
CRITICALCivil cases
- Applies to
- Application
Unless otherwise specified, applications to the Court must be made by written motion filed with the Clerk.
Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
[This section should contain a comprehensive statement of the facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury at the beginning of the evidentiary portion of the trial.]
[This section should contain a comprehensive statement of the facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury at the beginning of the evidentiary portion of the trial.]
CRITICALCivil cases
- Applies to
- Claim term list
The parties must exchange their proposed claim-term constructions by the specified date, and must not file the exchanged list with the Court.
On or before __________, 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.
CRITICALCivil cases
- Applies to
- Jury trial submission
In jury trials, the parties should jointly file proposed voir dire, preliminary and final jury instructions, and special verdict forms.
Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms
CRITICALCivil cases
- Applies to
- Joint interim report
On ______________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.
On ______________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
In ANDA cases, the proposed final pretrial order must address the post-trial briefing schedule and page limits.
[For ANDA cases] The parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order.
CRITICALCivil cases
- Applies to
- Response to concise statement of facts
The opposing party must admit or dispute each fact paragraph by paragraph, support disputes with specific record citations, and recognize that an unanswered fact is treated as undisputed for summary judgment.
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.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
Defendant(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
Defendant(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
CRITICALCivil cases
- Applies to
- Joint interim report
Counsel must submit a joint interim report addressing the matters in issue and discovery progress to date.
On ______________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.
CRITICALCivil cases
- Applies to
- Application
Unless otherwise specified, applications to the Court must be made by written motion filed with the Clerk.
Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk.
CRITICALCivil cases
- Applies to
- Proposed order
The parties must jointly submit a proposed order entering judgment on the verdict.
parties shall jointly submit a form of order to enter judgment on the verdict.
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must file a joint proposed final pretrial order containing the information required by the accompanying form.
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 20__.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents.
The proposed final pretrial order shall contain a Table of Contents.
CRITICALCivil cases
- Applies to
- Joint letter
The parties must submit a joint letter to the Court by the Joint Claim Construction Brief deadline stating whether they request the Court to hear claim-construction evidence and argument.
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief].
This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief].
CRITICALCivil cases
- Applies to
- Exhibit list
An exhibit not listed will not be admitted unless the party shows good cause.
Exhibits not listed will not be admitted unless good cause is shown.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
[The parties should prepare a brief statement of the nature of the case (personal injury, federal tort claim, breach of contract, patent infringement, etc.) including the claims of the parties. The principal purpose of this statement is to assist the Court in explaining the case to prospective jurors upon selection of a jury.]
[The parties should prepare a brief statement of the nature of the case (personal injury, federal tort claim, breach of contract, patent infringement, etc.) including the claims of the parties. The principal purpose of this statement is to assist the Court in explaining the case to prospective jurors upon selection of a jury.]
CRITICALCivil cases
- Applies to
- Discovery relief letter
- Must include
- proposed order
The party seeking discovery relief must attach as an exhibit a proposed order setting out the requested relief.
This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.
CRITICALCivil cases
- Applies to
- Application
Unless otherwise specified, applications to the Court must be made by written motion filed with the Clerk.
Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk.
CRITICALCivil cases
- Applies to
- Exhibit list
The parties must provide a list of their pre-marked trial exhibits and cite the Federal Rules of Evidence for objections lodged by another party.
The parties are to provide a list of pre-marked exhibits that each party intends to offer at trial, along with citations to the Federal Rules of Evidence to note any objections thereto lodged by any other party.
CRITICALCivil cases
- Applies to
- Final pretrial order
[List here any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness’ testimony.]
[List here any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness’ testimony.]
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
A witness not listed in the pretrial order will be precluded from testifying unless good cause is shown.
Any witness not listed will be precluded from testifying, absent good cause shown.
CRITICALCivil cases
- Applies to
- Final pretrial order
The Final Pretrial Order should certify the parties’ good-faith settlement efforts, describe their overall extent, and identify the date of the most recent substantive settlement discussions.
[Provide a certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement, including a description of the overall extent of such efforts and identification of the date of the most recent substantive discussions regarding settlement.]
CRITICALCivil cases
- Applies to
- Opposing party statement
Each fact asserted by the opposing party must appear in a separate numbered paragraph with specific record citations.
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.
CRITICALCivil cases
- Applies to
- Draft pretrial order
If deposition objections need resolution, counsel must submit the transcript and an objection summary with the draft pretrial order.
If there are objections that will need to be resolved, counsel will submit the transcript and a summary of the objections with the draft pretrial order.
CRITICALCivil cases
- Applies to
- Concise statement of facts
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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
CRITICAL
- Applies to
- Mediation statement
The confidential mediation statement must contain the information required by paragraph 6 and be submitted to the Magistrate Judge as one original and one copy.
On or before , 2012, AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Magistrate Judge.
CRITICALCivil cases
- Applies to
- Proposed pretrial order
The proposed pretrial order must contain all in limine requests and responses.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Joint claim construction chart
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
CRITICALCivil cases
- Applies to
- Initial brief
Each party's initial brief must include Conclusions of Law with supporting citations.
In their initial briefs, each party shall also provide Conclusions of Law, with supporting citations.
CRITICALCivil cases
- Applies to
- Draft pretrial order
A party may be precluded from seeking relief based on claims or defenses not described in the draft pretrial order.
[The Court will preclude a party from seeking relief based on claims and defenses not described in the draft pretrial order.]
CRITICALCivil cases
- Applies to
- Scheduling order
Should the parties agree to modify the number of depositions under FED. R. CIV. P. 30, the number of allowed interrogatories under Rule 33 or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order.
Should the parties agree to modify the number of depositions under FED. R. CIV. P. 30, the number of allowed interrogatories under Rule 33 or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order.
CRITICALCivil cases
- Applies to
- Jury trial submissions
In jury cases, the parties should jointly file proposed voir dire, preliminary and final jury instructions, and special verdict forms.
Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.
CRITICAL
- Applies to
- Mediation participant list
By the mediation-statement due date, counsel must prepare a list of all attorney and non-attorney participants attending for their party.
(b) No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order should state whether jurisdiction is disputed and identify the basis for jurisdiction or the basis for contesting it.
The jurisdiction of the Court is not disputed [or, if the issue has not previously been raised, the basis on which jurisdiction is contested] and is based on [state the statutory, constitutional, or other basis of jurisdiction].
CRITICALCivil cases
- Applies to
- Joint proposed final pretrial order
The parties must file a joint proposed final pretrial order containing the information required by the accompanying Final Pretrial Order form.
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order
CRITICALCivil cases
- Applies to
- Initial brief
Each party's initial brief must include proposed Findings of Fact in separately numbered paragraphs, presented as a detailed, simple narrative of the relevant material facts the party believes it has proven.
In their initial briefs, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form.
CRITICAL
- Applies to
- Mediation statement
f) “Settlement Proposal”: describe the party's proposed term(s) for a resolution. Further, identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described.
f) “Settlement Proposal”: describe the party's proposed term(s) for a resolution. Further, identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The witness section should indicate which witnesses will testify in person and which will testify by deposition.
[Indicate which witnesses will testify in person and which by deposition.
CRITICALCivil cases
- Applies to
- Discovery dispute teleconference motion
Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph, 2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference To Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Disputes.”
Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph, 2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference To Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Disputes.”
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The contested-facts section should identify disputed facts and briefly state what each party intends to prove, with enough detail to identify the issues and notify the other parties.
[Identify the facts in issue, with a brief statement of what each party intends to prove in support of its claims and/or defenses. These summaries should be sufficient to identify for the Court the essential facts in issue and to fairly notify the other parties of what counsel expects to prove at trial.]
CRITICALCivil cases
- Applies to
- Joint interim report
Counsel must submit a joint interim report describing the matters in issue and the progress of discovery to date.
On , 202 , counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.
CRITICAL
- Applies to
- Attendance modification request
A request to modify the in-person attendance requirement must be made in writing to the Magistrate Judge, copied to counsel or pro se parties, at least 14 days before the mediation conference.
Any request to modify this requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference.
CRITICALCivil cases
- Applies to
- Discovery dispute conference motion
If counsel cannot resolve a discovery or protective-order matter, the parties shall file a motion for a conference using the stated title.
Should counsel find they are unable to resolve a discovery matter or a matter regarding a protective order, 1 the parties shall file a “[Joint] Motion for Conference To Resolve [Protective Order or Discovery] Dispute.”
CRITICALCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
CRITICAL
- Applies to
- Mediation statement
Mediation statements must include each listed heading and a discussion of its corresponding topic.
6. The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below:
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
CRITICALCivil cases
- Applies to
- In limine request and response
Each in limine request and response must contain the authorities relied upon.
the in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Motion
Each party must file its Motion for Claim Construction concurrently with the Joint Claim Construction Chart and request adoption of its charted position.
Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart.
CRITICALCivil cases
- Applies to
- Response to concise statement
An opposing party must submit a response addressing each fact paragraph by paragraph and citing the record for disputes; facts not answered are treated as undisputed for summary judgment.
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.
CRITICALCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must contain a table of contents.
The proposed final pretrial order shall contain a Table of Contents.
CRITICALCivil cases
- Applies to
- Proposed protective order
Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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.
Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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.
CRITICALCivil cases
- Applies to
- Joint appendix
Any materials that would otherwise be submitted in an appendix must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
CRITICALCivil cases
- Applies to
- Expert report
When submitting expert reports, the parties must advise when their experts are available for deposition.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
CRITICALCivil cases
- Applies to
- Mediation statement
Mediation statements must include seven specific headings with required content: The Parties, Factual Background, Summary of Applicable Law, Honest Discussion of Strengths and Weaknesses, Settlement Efforts, Settlement Proposal, and Fees and Costs.
The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below: a) "The Parties": provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference. b) "Factual Background": provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute. c) "Summary of Applicable Law": provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7). d) "Honest Discussion of Strengths and Weaknesses": provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses. e) "Settlement Efforts": provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached. f) "Settlement Proposal": describe the party's proposed term(s) for a resolution. Identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described. g) "Fees and Costs": list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.
CRITICALCivil cases
- Applies to
- Expert report submission
When submitting expert reports, the parties must provide their experts’ deposition availability dates and times.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
CRITICALCivil cases
- Applies to
- Relief letter
- Must include
- proposed order
A party seeking relief must attach a proposed order setting out the relief requested to its letter.
This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.
CRITICAL
- Applies to
- Joint certification
Joint certification confirming all counsel understand, have complied, and will comply with the order must be filed within 3 days of the order date.
6. Within 3 days of the date of this order, file a joint certification that all counsel understand, have complied, and will comply with this order.
CRITICAL
- Applies to
- Protective order or confidentiality agreement request
Requests for protective orders or approval of confidentiality agreements must be made by motion; stipulated proposed orders are not accepted instead.
Any request for a protective order or approval of a confidentiality agreement must be made by motion. Judge Wolson will not accept stipulated proposed orders in lieu of a motion.
CRITICAL
- Applies to
- Government pre trial memorandum
The Government’s pre-trial memorandum must address the offense elements, intended facts and witnesses, the substance of each witness’s testimony, and legal issues.
At least seven days prior to the trial date, the Government must file a pre-trial memorandum setting forth the essential elements of the offense(s), the facts that it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’s testimony, and any legal issues.
CRITICAL
- Applies to
- State or foreign court pleadings
Parties relying on state or foreign court pleadings not readily available on Westlaw or Lexis must submit them as exhibits.
However, if parties rely on pleadings from state or foreign courts that are not readily available on Westlaw or Lexis, they must submit the pleadings as exhibits.
CRITICAL
- Applies to
- Brief
Parties may not incorporate arguments by reference in a brief; they must include the argument’s substance, and the Court will not consider an argument purportedly incorporated by reference.
Parties may not incorporate by reference arguments from other briefs in the case, including briefs filed by other parties or briefs filed earlier in the case. If a party needs to repeat an argument that was made earlier in the case, then that party must include the substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.
CRITICAL
- Applies to
- Cross motions for summary judgment
For cross-motions for summary judgment, each movant may file a separate statement of facts, but the parties must prepare one consolidated set of exhibits.
In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits.
CRITICAL
- Applies to
- Pleadings and submissions
Pleadings and other submissions that do not comply with Judge Wolson’s Policies and Procedures will be stricken.
The Parties and their counsel further acknowledge by signing below that Judge Wolson will strike pleadings and other submissions that do not comply with his Policies and Procedures.
CRITICAL
For joint-and-several restitution liability, the Government must itemize the amount for which each defendant is responsible.
If liability for restitution is joint and several, then the Government shall itemize the restitution amount for which each defendant is responsible.
CRITICAL
- Applies to
- Proposed jury instruction
The party submitting a proposed instruction must state whether it is unchanged or modified.
party submitting it shall state whether the proposed instruction is unchanged or modified.
CRITICAL
- Applies to
- Continuance motion
- Must include
- proposed order
A continuance motion must include a Speedy Trial Act-compliant proposed order with a detailed ends-of-justice finding, and a trial-date continuance motion must include a speedy trial waiver.
Any such motion must be accompanied by a proposed order consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161. The order shall include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. Any motion for a continuance of a trial date must be accompanied with a speedy trial waiver.
CRITICAL
- Applies to
- Joint rule 26f report
The joint report must not use default statements such as “Discovery about all claims and defenses.”
Default statements like “Discovery about all claims and defenses” are not acceptable.
CRITICAL
- Applies to
- Summary judgment motion
A summary judgment motion must be accompanied by a jointly prepared consolidated statement of facts filed separately and a joint set of all exhibits cited in that statement.
A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.
CRITICAL
- Applies to
- Brief
Briefs longer than ten pages must include a table of contents.
Any briefs longer than ten pages must include a table of contents.
CRITICAL
- Applies to
- Proposed jury instruction
A party modifying a model instruction must note all additions and deletions.
If a party modifies a model instruction, then additions and deletions must be noted.
CRITICAL
- Applies to
- Motion
- Must include
- local rule certificate
All motions must contain the certification required by Local Civil Rule 26.1(f).
All motions must contain the certification required under Local Civil Rule 26.1(f).
CRITICAL
- Applies to
- Proposed jury instruction
Each proposed jury instruction must be submitted with corresponding legal authority.
Each proposed instruction must be submitted with corresponding legal authority.
CRITICAL
- Applies to
- Pretrial memorandum
A pretrial memorandum must address all matters required by Local Rule 16.1 and state the party’s position on trial time limits, including a proposed limit if one is imposed.
When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its position on whether Judge Wolson should impose time limits on each side’s trial presentation and, if Judge Wolson does impose a time limit, what that limit should be.
CRITICAL
If the Parties disagree about proposed deadlines, they must identify the dispute and each side’s position.
To the extent there is disagreement, the Parties shall identify the dispute and their respective positions.
CRITICAL
- Applies to
- Statement of undisputed material facts
The moving party’s statement of undisputed material facts must use numbered paragraphs and cite supporting exhibits or testimony for each factual assertion.
At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;
CRITICAL
- Applies to
- Discovery motion
A discovery motion must be filed with a form order and a short brief describing the dispute.
effort, counsel for the aggrieved party shall file with Judge Wolson a motion in conformity with Local Civil Rule 26.1(b), with a form order and short brief, not to exceed five pages or 1,750 words (not including exhibits), describing the dispute.
CRITICAL
- Applies to
- Brief
Briefs longer than 10 pages must include a table of contents.
Any briefs longer than 10 pages must include a table of contents.
CRITICAL
- Applies to
- Certificate
A discovery-motion certificate of counsel must give specific details of informal resolution efforts, including verbal communications; letters, emails, or conclusory statements alone are insufficient, and a noncompliant motion will be denied.
In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” Judge Wolson will deny a discovery motion that does not meet these requirements.
CRITICAL
- Applies to
- Statement of facts response
The response must address each factual assertion beneath the original paragraph, cite evidence or explain why cited evidence is insufficient or inadmissible, and include any additional facts for the summary judgment briefing.
At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and
CRITICAL
- Applies to
- Sentencing memorandum
When a defendant is responsible for restitution, the Government’s sentencing memorandum must provide entitlement information, each victim’s name and address, each victim’s loss amount, and documentary support for each amount.
If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount.
CRITICAL
- Applies to
- Summary judgment motion
An argument that expert testimony is inadmissible in summary-judgment briefing must be raised in a contemporaneous, separate Daubert motion, not included only in the summary-judgment brief.
If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.
CRITICAL
- Applies to
- Settlement agreement or stipulation of dismissal
To request that Judge Wolson retain jurisdiction to enforce a settlement, the parties must docket the agreement or include all material terms in a dismissal stipulation.
If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.
CRITICAL
- Applies to
- Summary judgment motion
The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures. These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.
The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures. These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.
CRITICAL
- Applies to
- Discovery motion
Every discovery motion must attach the discovery requests at issue and the written response.
All discovery motions must attach the discovery requests at issue, as well as the written response.
CRITICAL
- Applies to
- Joint rule 26f report
Each party must designate one lawyer as lead counsel in the joint report.
A. Lead Counsel (each Party must designate one lawyer as lead counsel).
CRITICAL
The Parties must summarize the status of discovery to date.
The Parties must summarize the status of discovery to-date.
CRITICAL
- Applies to
- Letter
The email subject line for a continuance or extension request must include “request for continuance” or “request for extension,” as applicable.
Any request for a continuance or extension must include the words “request for continuance” or “request for extension,” as appropriate, in the subject line of the email.
CRITICAL
- Applies to
- Joint status report
The parties must submit a joint Rule 26(f) status report.
A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.
CRITICAL
- Applies to
- Joint status update
If the Court grants the additional continuance, counsel must submit a written joint status update every 45 days until sentencing.
If Judge Wolson grants such a request, counsel shall be required to submit in writing a joint status update every 45 days until the sentencing hearing takes place.
CRITICAL
- Applies to
- Direct expert testimony
In civil bench trials, direct expert testimony must be submitted by affidavit on the court’s schedule; only expert cross-examination and redirect occur live.
In civil bench trials, each party will submit direct expert testimony via affidavit on a schedule that Judge Wolson will set, and only cross-examination of experts (and redirect) will occur live.
CRITICAL
- Applies to
- Trial memorandum
The United States' trial memorandum must set out the offenses' essential elements, intended facts, each intended witness's identity and testimony substance, and any legal issues.
At least one week prior to the trial date, the United States must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’ testimony and any legal issues.
CRITICAL
- Applies to
- All filings
Local counsel must sign all filings.
Judge Kearney requires local counsel sign all filings.
CRITICAL
- Applies to
- Proposed jury instructions
The parties must file proposed instructions on substantive issues unique to the case, together with proposed verdict forms or special interrogatories, by the date in the Scheduling Order.
The Scheduling Order will note the date on which the parties shall file proposed jury instructions on substantive issues unique to your matter, along with proposed verdict forms or special interrogatories to the jury.
CRITICAL
- Applies to
- Patent discovery exchange
In patent non-ANDA cases, the proposed exchange schedule must provide for final supplementation, including identification of all accused products and invalidity references.
Finally supplement, among other items, the identification of all accused products and of all invalidity references.
CRITICAL
- Applies to
- Motion to amend
A motion to amend must identify all parties’ positions and attach a proposed amended pleading marked to show only the changes.
A motion to amend a pleading shall: identify all parties’ positions on the proposed amendments and attach the proposed amended pleading either blacklined or highlighted solely to show the change in the pleading.
CRITICAL
In patent non-ANDA cases, the joint Rule 26(f) report must propose step-by-step dates for exchanging information to plan for a Markman hearing as soon as practicable.
In patent non-ANDA cases, the comprehensive joint report of the Rule 26(f) meeting shall include proposed dates for the exchange, in steps, of required information to plan for a Markman hearing as soon as practicable under Fed. R. Civ. P. 1:
CRITICAL
- Applies to
- Plea agreement
If the plea is entered under Rule 11(c)(1)(B), the plea agreement must state that the defendant cannot withdraw the plea if Judge Kearney does not follow the recommendation or request.
In addition, the plea agreement must inform the defendant and remind Judge Kearney, under Rule 11(c)(3)(B), the defendant has no right to withdraw the plea if Judge Kearney does not follow the recommendation or request if the plea is entered under Rule 11(c)(1)(B).
CRITICAL
- Applies to
- Statement of undisputed facts
The Statement of Undisputed Facts must include only facts bearing on dispositive material issues.
Only those facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts.
CRITICAL
- Applies to
- Opposition
- Must include
- proposed order
An opposing party must attach a proposed order identifying the motion, docket filing number, and specific basis for denying relief.
Parties opposing the motion must attach a proposed order referring to the motion, docket filing number, and specific basis for denying the requested relief.
CRITICAL
- Applies to
- Sentencing motion memorandum
A sentencing motion memorandum must set out any legal authority on which the party relies.
The memorandum must set forth any legal authority relied upon by the party.
CRITICAL
- Applies to
- Threshold motion
- Must include
- certificate of conference
A threshold motion must include a certificate signed by movant's trial counsel describing a meaningful, good-faith conferral and the communications and resolution discussed; this does not apply to pro se parties.
Attach a certificate signed by the movant’s trial counsel to the threshold motion confirming the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;
CRITICAL
In patent non-ANDA cases, the proposed schedule must address the date and scope of the Markman hearing.
Date for Markman hearing and scope of Markman hearing.
CRITICAL
- Applies to
- Proposed jury instructions
Proposed jury instructions must be separately numbered, include a table of contents, appear on a separate sheet, be double-spaced, and include accurate quotations and pinpoint citations where appropriate.
Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate.
CRITICAL
- Applies to
- Sentencing memorandum
Counsel may not raise objections for the first time in a sentencing memorandum.
In no event shall counsel raise objections for the first time in a sentencing memorandum.
CRITICAL
- Applies to
- Guilty plea memorandum
The guilty plea memorandum must include each offense's elements and supporting citations, maximum statutory penalties, plea-agreement terms, and the factual basis for the plea.
The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea.
CRITICAL
- Applies to
- Patent discovery exchange
In patent non-ANDA cases, the parties' proposed exchange schedule must include final infringement contentions.
The exchange of final infringement contentions.
CRITICAL
- Applies to
- Patent discovery exchange
In patent non-ANDA cases, the defendant must produce core technical documents sufficient to show how the accused products work and produce their sales figures.
Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).
CRITICAL
- Applies to
- Guilty plea agreement
A guilty plea agreement must state whether the plea is a general guilty plea, a conditional plea, or a plea of nolo contendere.
The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere.
CRITICAL
- Applies to
- Patent discovery exchange
In patent non-ANDA cases, the plaintiff must produce an initial claim chart linking each known accused product to the asserted claims it allegedly infringes.
Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.
CRITICAL
- Applies to
- Statement of material facts
Each summary-judgment fact statement must cite specific record material and identify the document page or deposition line and page relied on.
Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record supporting each of the statements. Each stated fact shall cite the source relied upon, including the page of any document or line and page number of any deposition to which reference is made.
CRITICAL
- Applies to
- Rule 26 f report
The Rule 26(f) report must specifically detail the reasons for not participating in early ADR.
Specific reasons for not participating in a form of early ADR shall be specifically detailed in the Rule 26(f) report.
CRITICAL
- Applies to
- Motion
For covered requests made without all parties’ stipulation, the motion must meaningfully and fully describe the opposition to the requested relief.
Counsel seeking relief without a stipulation of all parties and other than under Federal Rules of Civil Procedure 12, 37, or 56, including challenging the admissibility of expert or fact evidence, shall provide a meaningful fulsome description of the opposition to the requested relief as part of the Motion.
CRITICAL
- Applies to
- Pro hac vice motion
Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance has been entered in the case in which the motion is made and who confirms his or her continuing obligations under Section I.K. of our Policies below; (3) describing the reasons the client requires this lawyer’s special admission, i.e., what does the applicant offer which cannot be provided by the attorney admitted in our Court; and, (4) reciting the positions of all counsel regarding the motion.
Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance has been entered in the case in which the motion is made and who confirms his or her continuing obligations under Section I.K. of our Policies below; (3) describing the reasons the client requires this lawyer’s special admission, i.e., what does the applicant offer which cannot be provided by the attorney admitted in our Court; and, (4) reciting the positions of all counsel regarding the motion.
CRITICAL
- Applies to
- Patent discovery exchange
In patent non-ANDA cases, the plaintiff must identify the accused products, damages model, and asserted patents, and produce each asserted patent's file history.
Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each asserted patent.
CRITICAL
- Applies to
- Contested scheduling motion
- Must include
- 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.
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
The joint Rule 26(f) report must be comprehensive and comply with the court-provided form, unless the requirement is waived for good cause.
Unless waived for good cause, our scheduling Order will begin discovery and require the parties to file a comprehensive joint report of the Rule 26(f) meeting at least one day before the initial pretrial conference fully compliant with the form provided at https://www.paed.uscourts.gov/judges-info/district-court-judges/mark-a-kearney.
CRITICAL
- Applies to
- Opposition to summary judgment
An opposition to summary judgment must separately file a statement responding to disputed numbered facts and listing additional facts that preclude summary judgment.
Opposition to a motion for summary judgment shall include a separate filing of a statement of material facts, responding to the numbered paragraphs in the movant’s Statement of Undisputed Facts, which the respondent contends present genuine issues for trial. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment.
CRITICAL
- Applies to
- Amended pleading
A party filing an amended pleading as a matter of course under Rule 15(a)(1) must attach an exhibit showing only the changes.
A party filing an amended pleading as a matter of course under Fed. R. Civ. P. 15(a)(1) must attach as an exhibit a blacklined or highlighted copy of the pleading solely to show the changes in the pleading.
CRITICAL
- Applies to
- Sentencing memorandum
If a defendant may owe restitution, the United States' sentencing memorandum must provide information sufficient to determine entitlement, each victim's name and address, each victim's loss amount, and supporting documentation.
If a defendant may be responsible for restitution, the United States must submit sufficient information in its sentencing memorandum to enable Judge Kearney to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount.
CRITICAL
- Applies to
- Discovery motion
- Must include
- proposed order
A discovery motion under this procedure must be accompanied by a proposed order.
A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order.
CRITICAL
- Applies to
- Motion
- Must include
- proposed order
All grounds for relief must be presented in one comprehensive motion accompanied by a proposed order and memorandum.
All grounds for relief must be set forth in a single, comprehensive motion, accompanied by a proposed order and memorandum.
CRITICAL
- Applies to
- Short motion
- Must include
- proposed order
A short motion seeking to enforce or excuse discovery or scheduling obligations must include an attached proposed order.
Limited discovery and all scheduling disputes resolved by short motion: Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.
CRITICAL
- Applies to
- Summary judgment appendix
The appendix must include a table of contents.
The appendix shall include a table of contents.
CRITICAL
- Applies to
- Joint exhibit book
The parties must prepare a joint exhibit book containing the exhibits counsel may use at trial under the Court’s rulings and a schedule of exhibits.
The parties will prepare a joint exhibit book with all exhibits counsel may use at trial based on the rulings along with a schedule of exhibits.
CRITICAL
- Applies to
- Filing referencing website
A filing that references a website must attach a screenshot of the cited website reference as an exhibit.
Filings referencing a website shall attach a screenshot of the cited website reference as an exhibit.
CRITICAL
- Applies to
- Rule 56 motion
A Rule 56 motion must include a separately filed Statement of Undisputed Material Facts detailing the material facts in numbered paragraphs.
Any motion filed under Fed. R. Civ. P. 56 shall include a separately filed Statement of Undisputed Material Facts which details, in numbered paragraphs, the material facts the moving
CRITICAL
- Applies to
- Sentencing memorandum
For joint-and-several restitution liability, the United States must itemize the amount for which each defendant may be responsible.
If liability for restitution is joint and several, the United States shall itemize the restitution amount for which each defendant may be responsible.
CRITICAL
- Applies to
- Discovery dispute certification
If a discovery dispute cannot be resolved, we expect counsel will provide a substantive, specific, and meaningful certification including describing the opposing party’s position. For example, it is not sufficient to certify “counsel can’t reach opposing counsel”; “reasonable efforts have been made but were unsuccessful”; “counsel have conferred in good faith”; “counsel repeatedly conferred with opposing counsel” or similar generalities. See, e.g., Naviant Marketing Solutions, Inc. v. Larry Tucker, Inc., 339 F.3d 180, 186 (3d Cir. 2003); Evans v. American Honda Motors Co., Inc., No. 00-2061, 2003 WL 22844186 at *1-2 (E.D. Pa. Nov. 26, 2003). Failure to include a certification or insufficient certification may result in summary denial without substantive consideration.
If a discovery dispute cannot be resolved, we expect counsel will provide a substantive, specific, and meaningful certification including describing the opposing party’s position. For example, it is not sufficient to certify “counsel can’t reach opposing counsel”; “reasonable efforts have been made but were unsuccessful”; “counsel have conferred in good faith”; “counsel repeatedly conferred with opposing counsel” or similar generalities. See, e.g., Naviant Marketing Solutions, Inc. v. Larry Tucker, Inc., 339 F.3d 180, 186 (3d Cir. 2003); Evans v. American Honda Motors Co., Inc., No. 00-2061, 2003 WL 22844186 at *1-2 (E.D. Pa. Nov. 26, 2003). Failure to include a certification or insufficient certification may result in summary denial without substantive consideration.
CRITICAL
- Applies to
- Appendix additions
Any additions to the movant’s appendix must include a table of contents.
Any additions to the movant’s appendix shall also be consecutively Bates-stamped, beginning at the page number where the movant’s appendix ended, and shall include a table of contents.
CRITICAL
- Applies to
- Memorandum
Rule 56 supporting and opposing memoranda must be attached to the motion.
Memoranda in support of, or opposing, a Rule 56 motion is limited to twenty-five pages, double-spaced, twelve-point font attached to the Motion.
CRITICAL
- Applies to
- Correspondence
Permitted correspondence must candidly describe the situation requiring the Judge’s attention and state the opposing party’s position.
This limited correspondence must include a specific and candid description of the situation requiring Judge Kearney’s attention and the position of the opposing party.
CRITICAL
- Applies to
- Pretrial memorandum
Unless the Court orders otherwise, the parties must prepare simultaneous pretrial memoranda satisfying Local Rule 16.1(c) and including the listed stipulations, deposition testimony, witness testimony, and exhibit schedule.
Unless otherwise ordered by Judge Kearney, the parties shall prepare simultaneous pretrial memoranda meeting the requirements of Local Rule of Civil Procedure 16.1(c), and also include: (1) All stipulations of counsel; (2) Attached highlighted deposition testimony (including videotaped deposition testimony) of admissions or unavailable witnesses which the party intends to offer during its case-in-chief. The pretrial statement should include citations to the page and line number; (3) The substance of the testimony of each witness. Identifying a witness as offering testimony on liability and/or damages without specifics is insufficient; and, (4) A schedule with description of all proffered exhibits.
CRITICAL
- Applies to
- Summary judgment appendix
For Rule 56 cross-motions, cross-movants must consult before filing and prepare one joint appendix.
On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix.
CRITICAL
- Applies to
- Guilty plea documents
Before a defendant offers a guilty plea, counsel must complete and review the listed plea documents with the defendant and provide copies to Judge Kearney.
Before a defendant offers a guilty plea, counsel must complete the guilty plea memorandum, guilty plea statement, and acknowledgement of rights and review those documents with the defendant. Counsel must also provide copies of those documents to Judge Kearney.
CRITICAL
- Applies to
- Motion to seal
Counsel must separately analyze the issues under the cited Court of Appeals and Chief Judge Connolly analyses.
Counsel must separately analyze the issues under our Court of Appeals’s analysis in In re Avandia Marketing1 and guided by Chief Judge Connolly’s analysis in In re Storag Etzel GmbH2.
CRITICAL
- Applies to
- Letter
A party planning to use electronic equipment at trial must submit a letter to Chambers identifying the equipment as early as possible and no later than one week before trial.
Any party planning to use such equipment must submit a letter to chambers, as early as possible, but no later than one week before trial, identifying the equipment it will use at trial.
CRITICAL
- Applies to
- Patent discovery exchange
In patent non-ANDA cases, the defendant must produce initial invalidity contentions for each asserted claim and the known related invalidating references.
Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references.
CRITICAL
- Applies to
- Pro hac vice affidavit
Each attorney seeking pro hac vice admission must submit an affidavit stating bar admission details and status, disciplinary history, agreement to follow the applicable professional and local rules, and an undertaking to keep moving counsel advised of the case and material developments.
The motion must also be accompanied by the affidavit of each attorney seeking pro hac vice admission swearing: i. Year and jurisdiction of each bar admission: ii. Status of the attorney’s admission(s), i.e., active or inactive, in good standing, etc.; iii. Whether the attorney has ever been suspended from the practice of law in any jurisdiction or received any public reprimand by the highest disciplinary authority of any bar in which the attorney has been a member; iv. The affiant/declarant (a) has in fact read the most recent edition of the Delaware Rules of Professional Conduct and the Local Rules of this Court and (b) agrees to be bound by both sets of Rules for the duration of the case for which pro hac vice admission is sought; and, v. If granted pro hac vice status, the affiant/declarant will in good faith continue to advise counsel who has moved for the pro hac vice admission of the current status of the case for which pro hac vice status has been granted and of all material developments in the case.
CRITICAL
- Applies to
- Continuance motion
- Must include
- proposed order
A continuance motion must include the defendant’s signed consent form and a proposed order meeting the stated Speedy Trial Act and ends-of-justice requirements.
Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion. The proposed form of order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include a proposed finding explaining in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.
CRITICAL
- Applies to
- Discovery motion
- Must include
- certificate of service
A discovery motion seeking to compel a non-party must include a certificate describing simultaneous service and a cover letter directing the non-party to the Court’s Policies and the obligation to respond timely.
A party seeking an order compelling discovery compliance from a non-party must attach a certificate of service to the discovery motion describing their simultaneous service of the motion by email, hand delivery, or fax upon the non- party possibly subject to the motion and, in a cover letter, direct the non-party to these Policies on the Court’s website and the obligation to timely respond.
CRITICAL
- Applies to
- Opposition
Oppositions to motions in limine must be submitted in memorandum form.
Oppositions shall be in memoranda form.
CRITICAL
- Applies to
- Proposed voir dire questions
Unless a specific order provides otherwise, counsel must submit and serve proposed voir dire questions seven days before jury selection.
Absent specific Order, counsel shall submit and serve proposed voir dire questions seven days before jury selection.
CRITICAL
- Applies to
- Summary judgment appendix
When filing a Rule 56 motion, the movant must also file a separate appendix containing exhibits or affidavits that may relate to the issues raised.
Upon filing, the movant(s) shall also file a separate appendix of all exhibits or its affidavits which may relate to the issues raised in the motion.
CRITICAL
- Applies to
- Pretrial conference submissions
If a pretrial conference is held, issues concerning voir dire, motions in limine, jury instructions, and verdict forms must be submitted at least seven days beforehand.
If Judge Kearney holds a pretrial conference, any issues related to voir dire, motions in limine, jury instructions, and jury verdict forms must be submitted at least seven days prior to the pretrial conference.
CRITICAL
- Applies to
- Memorandum of law
The parties may not file a memorandum of law for these short motions without leave.
The parties may not file a memorandum of law absent leave.
CRITICALCivil cases
- Applies to
- Joint discovery letter
Should counsel find, after good faith efforts—including oral communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Bibas: The parties in the abovereferenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on [INSERT DATES]. The disputes requiring judicial attention are listed below: [A NON-ARGUMENTATIVE LIST OF DISPUTES REQUIRING JUDICIAL ATTENTION]
Should counsel find, after good faith efforts—including oral communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Bibas: The parties in the abovereferenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on [INSERT DATES]. The disputes requiring judicial attention are listed below: [A NON-ARGUMENTATIVE LIST OF DISPUTES REQUIRING JUDICIAL ATTENTION]
CRITICALCivil cases
- Applies to
- Motions in limine
Motions in limine must be included in the proposed pretrial order, not filed separately.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
CRITICALCivil cases
- Applies to
- Letter
Parties must file a teleconference request letter for motion to strike by the reply letter deadline.
Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
CRITICALCivil cases
- Applies to
- Letter
Counsel must submit a joint interim status letter by a specified 2021 date, including an interim report on the issues and discovery progress.
11. Interim Status Report. On ___, 2021, 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. Then, if the Court deems it necessary, it will schedule a status conference.
CRITICALCivil cases
- Applies to
- Pretrial order
Parties must file a joint proposed final pretrial order with the required form information by a specified 2021 date.
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before ___, 2021.
CRITICALCivil cases
- Applies to
- Motions in limine
In limine requests and responses must include all authorities relied upon.
The in limine request and any response shall contain the authorities relied upon;
CRITICALCivil cases
- Applies to
- Letter
Parties must file a teleconference request letter for motion to amend by the reply letter deadline.
Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
CRITICALCivil cases
- Applies to
- Proposed protective order
Proposed protective orders must include the specified 'Other Proceedings' paragraph.
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.
WARNING
- Applies to
- Hearing exhibits
Parties intending to introduce exhibits at a contested hearing must be prepared to provide copies to the Court and relevant parties.
Parties intending to introduce exhibits at a contested hearing must be prepared to provide copies to the Court and all relevant parties.
WARNING
- Applies to
- Fee application
Estate professionals’ fee applications should be scheduled for the same hearing date designated for fee applications.
All estate professionals’ fee applications should be scheduled on the same hearing date designated for consideration of fee applications.
WARNING
- Applies to
- Revised proposed order
When a movant intends to present a revised proposed order in court, counsel should endeavor to provide both clean and redline versions.
If a movant intends to present a proposed order to the Court that contains revisions to the proposed order originally submitted with the pleading, counsel for the movant must endeavor to provide the Court the revised clean and redline form of order at least two (2) hours prior to the hearing.
WARNING
- Applies to
- Proposed order
A proposed order will be considered only after an e-order has been uploaded.
Proposed orders will be considered after an e-order has been uploaded.
WARNING
- Applies to
- Amended agenda
If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.
If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.
WARNING
- Applies to
- Redline of proposed order
If the parties agree to proposed-order changes before a hearing, they are encouraged, where possible, to submit a redline showing the changes one hour before the hearing starts.
If the parties reach an agreement on changes to a proposed order in advance of a hearing, the parties are encouraged to submit a redline showing those changes, where possible, one hour before the start of the hearing.
WARNING
- Applies to
- Joint pretrial order
Parties in an adversary proceeding or contested matter involving discovery and evidence are encouraged to submit a joint pretrial order, or competing proposed orders if they cannot agree.
Parties to an adversary proceeding or contested matter that will involve discovery and the presentation of evidence are encouraged to submit a proposed Joint Pretrial Order (or, if the parties are unable to agree, to submit competing forms of order).
WARNINGProposed or draft document; may not be in force
- Applies to
- Notice of settlement or notice of adjournment of trial
If an adversary proceeding settles or is otherwise resolved, counsel should file a notice of settlement or notice of adjournment of trial.
If a matter settles or is otherwise resolved, counsel should promptly inform chambers and file a notice of settlement or notice of adjournment of trial in the adversary proceeding.
WARNINGProposed or draft document; may not be in force
- Applies to
- Amended agenda
If a hearing is cancelled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest.
If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.
WARNING
- Applies to
- Notice of settlement or notice of adjournment of trial
If a matter settles or is otherwise resolved, counsel should file a notice of settlement or notice of adjournment of trial in the adversary proceeding.
If a matter settles or is otherwise resolved, counsel should promptly inform chambers and file a notice of settlement or notice of adjournment of trial in the adversary proceeding.
WARNINGCivil cases
- Applies to
- Joint letter
A request for prior Court approval must be submitted jointly by letter no later than the date the answering claim construction briefs are due.
Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are
WARNINGCivil cases
- Applies to
- Transcript
If a party submits an entire transcript, it must include any existing index of terms appearing in the transcript.
If an entire transcript is submitted, the index of terms appearing in the transcript must be included, if it exists.
WARNINGCivil cases
- Applies to
- Summary judgment motion
A party filing multiple summary judgment motions must number them in the order it wants the Court to consider them, beginning with #I and then #2.
A party that files more than one summary judgment motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #I, the second motion shall be designated #2, and so on.
WARNINGCivil cases
- Applies to
- Invalidity contentions
For pre-AIA claims, Invalidity Contentions relying on prior art under 35 U.S.C. § 102(g) must identify the person(s) or entity(ies) involved and the circumstances of making the invention before the patent applicant(s).
For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identity(ies) of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s);
WARNINGCivil cases
- Applies to
- Noninfringement contentions
Defendant(s) must produce with the Noninfringement Contentions any document or thing they intend to rely on to defend against Plaintiff(s)’ infringement allegations.
Defendant(s) shall produce with the Noninfringement Contentions any document or thing that Defendant(s) intend(s) to rely upon in defense of any infringement allegations by Plaintiff(s).
WARNINGCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7 .1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7 .1.1.
WARNINGCivil cases
- Applies to
- Joint claim construction brief
Parties may cite expert declarations and other extrinsic evidence as they deem necessary, but the Court reviews that evidence only if intrinsic evidence does not allow it to construe the disputed terms.
Citations to expert declarations and other extrinsic evidence may be made in the Joint Claim Construction Brief as the parties deem necessary, but the Court will review such extrinsic evidence only if the Court is unable to construe the disputed claim terms based on the intrinsic evidence.
WARNINGCivil cases
- Applies to
- Concise statement of facts
When preparing the separate concise statement, a party shall reference only the material facts that are
When preparing the separate concise statement, a party shall reference only the material facts that are
WARNINGCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7 .1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7 .1.1.
WARNINGCivil cases
- Applies to
- Compendium of cases
An authority that is cited only once by a party generally should not be included in the compendium.
An authority that is cited only once by a party generally should not be included in the compendium.
WARNINGCivil cases
- Applies to
- Noninfringement contentions
Noninfringement Contentions must state each noninfringement defense and include a claim chart identifying the claims, their limitations, and limitations literally absent from the accused application(s).
“Noninfringement Contentions” that shall set forth any defense of noninfringement and include a claim chart that identifies each claim at issue in the case, each limitation of each claim at issue, and any and all claim limitations that are literally absent from the Abbreviated New Drug Application(s) or New Drug Application(s) accused of infringement.
WARNINGCivil cases
- Applies to
- Jury trial submissions
In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms by 5:00 p.m. 21 days before the pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.l(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 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
WARNINGCivil cases
- Applies to
- Invalidity contentions
Invalidity Contentions must state whether each prior-art item anticipates or renders each asserted claim obvious and, if obviousness is alleged, explain why and identify any prior-art combinations supporting it.
Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness;
WARNINGCivil cases
- Applies to
- Joint claim construction brief
The joint claim construction brief is organized into agreed and disputed constructions, with opening, answering, reply, and sur-reply positions for each disputed term.
I. Agreed-upon Constructions II. Disputed Constructions A. [TERM 1] 1. Plaintiffs Opening Position 2. Defendant's Answering Position 3. Plaintiffs Reply Position 4. Defendant's Sur-Reply Position B. [TERM2] 1. Plaintiffs Opening Position 2. Defendant's Answering Position 3. Plaintiffs Reply Position 4. Defendant's Sur-Reply Position
WARNINGCivil cases
- Applies to
- Invalidity contentions
The Preliminary Disclosure of Asserted Prior Art may identify no more than 12 references for any one patent and no more than 30 references in total.
The identity of no more than 12 prior art references for any one patent and no more than 30 prior art references in total that Defendant(s) allege(s) anticipates each asserted claim or renders the claim obvious (the "Preliminary Disclosure of Asserted Prior Art").
WARNINGCivil cases
- Applies to
- Invalidity contentions
For pre-AIA claims, Invalidity Contentions relying on prior art under 35 U.S.C. § 102(f) must identify the person(s) from whom the invention was derived and the circumstances of derivation.
For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived.
WARNINGCivil cases
- Applies to
- Daubert motion
A party filing multiple Daubert motions must number them in the order it wants the Court to consider them, beginning with #1 and then #2.
A party that files more than one .Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on.
WARNINGCivil cases
- Applies to
- Compendium of cases
The parties should not include in the compendium authorities for general principles or uncontested points of law (e.g., the standards for summary judgment or claim construction).
The parties should not include in the compendium authorities for general principles or uncontested points of law (e.g., the standards for summary judgment or claim construction).
WARNINGCivil cases
During the meet-and-confer, the parties must try to agree on disputed terms and narrow the remaining issues.
During the meet and confer, the parties shall attempt to reach agreement on any disputed terms where possible and to narrow the issues related to the remaining disputed terms.
WARNINGCivil cases
- Applies to
- Invalidity contentions
Invalidity Contentions must provide specified identifying details for prior art patents, publications, alleged sales, and public uses.
Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity(ies) of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known.
WARNINGCivil cases
- Applies to
- Concise statement
Concise statements of fact must comply with paragraphs 8 and 12 of the Order.
Concise statements of fact shall comply with paragraphs 8 and 12 of this Order.
WARNINGCivil cases
- Applies to
- Joint claim construction chart
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(s) of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.
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(s) of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.
WARNINGCivil cases
- Applies to
- Declaration
Declarations must not contain legal argument or be used to circumvent the paragraph’s briefing word limits.
Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.
WARNINGCivil cases
- Applies to
- Case caption
The caption must include “ANDA CASE” immediately below the Civil Action Number.
1. Caption Modification. The Caption shall be modified to include the words “ANDA CASE” immediately below the Civil Action Number.
WARNINGCivil cases
- Applies to
- Compendium of cases
An authority already provided to the Court by another party should not be included in the compendium.
An authority already provided to the Court by another party should not be included in the compendium.
WARNINGCivil cases
- Applies to
- Amended joint claim construction chart
If the meet-and-confer produces no agreement or narrowed dispute, the letter must say so and the parties need not file an amended chart.
If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.
WARNINGCivil cases
- Applies to
- Expert report
When submitting expert reports, the parties must also provide their experts’ deposition availability dates and times.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order must address the post-trial briefing schedule and page limits.
The parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order.
WARNINGCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNINGCivil cases
- Applies to
- In limine request
Each side is limited to three in limine requests unless the Court permits more.
Each side shall be limited to three in limine requests, unless otherwise permitted by the Court.
WARNINGCivil cases
- Applies to
- Pretrial order
Unless the Court orders otherwise, the parties should assume that filing the pretrial order satisfies the Rule 26(a)(3) pretrial disclosure requirement.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
WARNINGCivil cases
- Applies to
- Proposed voir dire and jury instructions
The Court expects the parties to collaborate on joint proposed voir dire and jury instructions and identify differences between their proposals in those submissions.
The Court expects the parties to work together to submit joint proposed versions of the voir dire, preliminary jury instructions and final jury instructions, indicating within those joint submissions any differences between the parties’ proposals.
WARNINGCivil cases
- Applies to
- In limine requests
Each side may make no more than three in limine requests unless the Court permits otherwise.
Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
In ANDA cases, the parties should address the post-trial briefing schedule and page limits in the proposed final pretrial order.
[For ANDA cases] The parties should address the post-trial briefing schedule and page limits in the proposed final pretrial order.
WARNINGCivil cases
- Applies to
- Concise statement response
A fact in the moving party’s concise statement is treated as undisputed for summary judgment if the opposing party does not respond to it.
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.
WARNINGCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNINGCivil cases
- Applies to
- Expert report
When submitting expert reports, parties must provide the dates and times their experts are available for deposition.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
WARNINGCivil cases
- Applies to
- Pretrial order
Proposed final pretrial order must include a table of contents and numbered paragraphs.
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
WARNINGCivil cases
- Applies to
- Post trial brief
Post-trial jury briefing must comply with D. Del. LR 7.1.3 unless the Court orders otherwise.
Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.
WARNINGCivil cases
- Applies to
- Summary judgment response
Opposition response must admit or dispute each fact paragraph-by-paragraph with citations.
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.
WARNINGCivil cases
- Applies to
- Proposed pretrial order
When seeking a detailed post-trial opinion, counsel should include a proposed briefing schedule with page limits in the proposed pretrial order.
If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the proposed pretrial order.
WARNINGCivil cases
- Applies to
- Joint claim construction brief
Joint claim construction brief must include a joint appendix containing the patent(s) and relevant intrinsic evidence.
the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing.
WARNINGCivil cases
- Applies to
- Protective order
Proposed protective order must include a specific paragraph regarding other proceedings.
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.
WARNINGCivil cases
- Applies to
- Joint claim construction brief
Joint claim construction brief exceeding 80 pages must include a certification of compliance with page limits and an explanation.
If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits (or equivalent word counts) in the Scheduling Order have been complied with and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms) as to why the brief is longer than 80 pages.
WARNINGCivil cases
- Applies to
- Summary judgment reply response
Moving party's reply response must address opposing party's concise statement paragraph-by-paragraph.
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.
WARNINGCivil cases
- Applies to
- Joint letter
Parties must submit a joint letter by the date the joint claim construction brief is filed, indicating whether they request testimony and the time allocation for the hearing.
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.
WARNINGCivil cases
- Applies to
- Summary judgment statement
Moving party's concise statement must present each fact in a numbered paragraph with record citations.
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
WARNINGCivil cases
- Applies to
- Motion
Separate briefing is prohibited on in limine requests unless Court permits.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
WARNINGCivil cases
- Applies to
- Claim construction brief
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.
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.
WARNINGCivil cases
- Applies to
- Protective order
- Must include
- follow paragraph 3f
If parties cannot agree on protective order, follow Paragraph 3(f) procedures.
Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(f) above.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
Defendant(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
Defendant(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
WARNINGCivil cases
- Applies to
- Pretrial order
The pretrial submission must state whether the parties want a bifurcated trial and, if so, why.
[Indicate whether the parties desire a bifurcated trial, and, if so, why.]
WARNINGCivil cases
- Applies to
- Final pretrial order
[List here any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness’ testimony.]
[List here any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness’ testimony.]
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address]'
Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address]'
WARNINGCivil cases
- Applies to
- Claim construction brief
Often, that party is suggesting that many different portions of the specification should be included as references to the requisite structure—but the party does not always explain in its briefing why each different portion of the specification at issue actually can be said to be linked to and perform the relevant function. Be sure that you address every portion of the identified references to structure and explain why they are correct.
Often, that party is suggesting that many different portions of the specification should be included as references to the requisite structure—but the party does not always explain in its briefing why each different portion of the specification at issue actually can be said to be linked to and perform the relevant function. Be sure that you address every portion of the identified references to structure and explain why they are correct.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
The following facts are not disputed or have been agreed to or stipulated to by the parties: [This section should contain a comprehensive statement of the uncontested facts which the parties intend to make part ofthe evidentiary record, either by reading to the jury, or in a bench trial reading to the Court and/or filing with the Court in conjunction with post-trial briefing.]
The following facts are not disputed or have been agreed to or stipulated to by the parties: [This section should contain a comprehensive statement of the uncontested facts which the parties intend to make part ofthe evidentiary record, either by reading to the jury, or in a bench trial reading to the Court and/or filing with the Court in conjunction with post-trial briefing.]
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
The parties should include a brief statement describing the case and the parties' claims.
[The parties should prepare a brief statement of the nature of the case (personal injury, federal tort claim, breach of contract, patent infringement, etc.) including the claims of the parties. The principal purpose of this statement is to assist the Court in explaining the case to prospective jurors upon selection of a jury.]
WARNINGCivil cases
- Applies to
- Letter brief
Along with their respective letter briefs, each side should include as an attachment the side’s proposal as to how the content of the disputed portion(s) of the protective order should read.
Along with their respective letter briefs, each side should include as an attachment the side’s proposal as to how the content of the disputed portion(s) of the protective order should read.
WARNINGCivil cases
- Applies to
- Expert report
Expert report submissions must be accompanied by the dates and times the experts are available for deposition.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
WARNINGCivil cases
- Applies to
- Pretrial order
The Plaintiff must identify each expert’s precise subject matter, offer the expert on that same subject at trial, and obtain approval or show good cause for any deviation.
[For any expert witness, the Plaintiff shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Plaintiff should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]
WARNING
- Applies to
- Mediation statement
In patent cases, plaintiffs should include the patents-in-suit as exhibits to their mediation statement.
In a patent case, the Plaintiff(s) should include the patent(s)-in-suit as an exhibit/exhibits to their mediation statement.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order should state whether jurisdiction is disputed and identify the basis for jurisdiction or the basis for contesting it.
The jurisdiction of the Court is not disputed [or, if the issue has not previously been raised, the basis on which jurisdiction is contested] and is based on [state the statutory, constitutional, or other basis of jurisdiction].
WARNINGCivil cases
- Applies to
- Pretrial order
[If there are any third parties to the action, they should include a list of witnesses like those contained in Parts A and B above.]
[If there are any third parties to the action, they should include a list of witnesses like those contained in Parts A and B above.]
WARNINGCivil cases
- Applies to
- Jury trial filings
In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms
WARNINGCivil cases
- Applies to
- Scheduling order
The parties should request a pretrial conference date approximately two to four weeks before their requested trial date.
On ________, 202_, the Court will hold a pretrial conference in court with counsel beginning at _____ _.m. [The parties should request a date approximately two to four weeks prior to their requested trial date.]
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address(es)]
WARNINGCivil cases
- Applies to
- Letter brief
The moving party should clearly state in its letter brief the relief sought for each dispute.
The moving party should, in its letter brief, clearly state the relief it is seeking as to each dispute.
WARNINGCivil cases
- Applies to
- Letter brief
If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.
If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.
WARNINGCivil cases
- Applies to
- Letter brief
When a discovery dispute involves material factual issues, the party with the burden should strongly consider attaching a sworn declaration or affidavit addressing them.
If the discovery dispute involves disputed, material factual issues (e.g., whether obtaining certain discovery would be unduly costly or burdensome), then the party with the burden should strongly consider attaching as an exhibit to its letter brief a sworn declaration or affidavit regarding that disputed issue.
WARNINGCivil cases
- Applies to
- Scheduling order
The parties should propose a date for argument on pending case-dispositive and Daubert motions approximately two to three months before the requested pretrial conference date.
The Court will hear argument on all pending case dispositive and Daubert motions on ____________________ beginning at _______ _.m. [The parties should propose a date approximately two to three months prior to the requested pretrial conference date.]
WARNINGCivil cases
- Applies to
- Pretrial order
Unless the Court orders otherwise, the parties should assume that filing the pretrial order satisfies the Rule 26(a)(3) pretrial disclosure requirement.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
WARNINGCivil cases
- Applies to
- Letter brief
The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit.
The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit.
WARNINGCivil cases
- Applies to
- Pretrial order
The parties must state their positions on when the Court should decide objections that expert testimony exceeds prior disclosures and on the stated consequence of a successful post-trial objection.
[The parties shall provide their position(s) as to whether the Court should rule at trial on objections to expert testimony as beyond the scope of prior expert disclosures, taking time from the parties' trial presentation to argue and decide such objections; or whether the Court should instead defer ruling on all such objections unless renewed in writing following trial, subject to the proviso that a party prevailing on such a post-trial objection will be entitled to have all of its costs associated with a new trial paid for by the party that elicited the improper expert testimony at the earlier trial.]
WARNINGCivil cases
- Applies to
- Motion for teleconference to resolve discovery dispute
The moving party (i.e., the party seeking relief from the Court) should also file a “Motion For Teleconference To Resolve Discovery Dispute.” The suggested text for this motion can be found in Judge Burke’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Motion to Resolve Discovery Dispute.”
The moving party (i.e., the party seeking relief from the Court) should also file a “Motion For Teleconference To Resolve Discovery Dispute.” The suggested text for this motion can be found in Judge Burke’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Motion to Resolve Discovery Dispute.”
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
[Identify the facts in issue, with a brief statement of what each party intends to prove in support of its claims and/or defenses. These summaries should be sufficient to identify for the Court the essential facts in issue and to fairly notify the other parties of what counsel expects to prove at trial.]
[Identify the facts in issue, with a brief statement of what each party intends to prove in support of its claims and/or defenses. These summaries should be sufficient to identify for the Court the essential facts in issue and to fairly notify the other parties of what counsel expects to prove at trial.]
WARNINGCivil cases
- Applies to
- Pretrial order
[For any expert witness, the Defendant shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Defendant should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]
[For any expert witness, the Defendant shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Defendant should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]
WARNINGCivil cases
- Applies to
- Pretrial order
The parties must state their positions on whether objections to using deposition and other prior testimony for impeachment should be allowed, including completeness and inconsistency objections.
[The parties shall provide their position(s) as to whether the Court should allow objections to the use of deposition and other prior testimony for impeachment purposes, including objections based on lack of completeness and/or lack of inconsistency.]
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
The parties should include a brief statement of the case identifying the parties and their claims.
[The parties should prepare a brief statement of the nature of the case including identification of the parties and their claims. This statement may be used by the Court to explain the case to prospective jurors during the process of jury selection.]
WARNINGCivil cases
- Applies to
- Damages statement
The damages section must include an itemized statement of all damages, including special damages.
[Include an itemized statement of all damages, including special damages.]
WARNINGCivil cases
- Applies to
- Non dispositive motion
A non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNINGCivil cases
- Applies to
- Claim construction brief
The Court recommends that the first paragraph addressing a claim term identify the number and nature of disputes and connect each dispute to the relevant portion of the proposed construction.
In the first paragraph of your brief regarding a term, it helps if you clearly: (a) state how many disputes you think there are; (b) set out what you understand the disputes to be; and (c) explain what particular portion of your (and/or your opponent’s) proposed construction relates to each dispute.
WARNINGCivil cases
- Applies to
- Pretrial order
If the parties want a detailed post-trial opinion, counsel should include a proposed post-trial briefing schedule and page limits in the draft pretrial order.
If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the draft pretrial order.
WARNINGCivil cases
- Applies to
- Letter brief
Along with their respective letter briefs, each side should include as an attachment the side’s proposal as to how the content of the disputed portion(s) of the protective order should read.
Along with their respective letter briefs, each side should include as an attachment the side’s proposal as to how the content of the disputed portion(s) of the protective order should read.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
Defendant(s) Counsel: [List name, address, telephone number, and e-mail address] 2
Defendant(s) Counsel: [List name, address, telephone number, and e-mail address] 2
WARNINGCivil cases
- Applies to
- Witness list
[If there are any third parties to the action, they should include an identical list of witnesses as that contained in Parts A and B above.]
[If there are any third parties to the action, they should include an identical list of witnesses as that contained in Parts A and B above.]
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief].
This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief].
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
The proposed final pretrial order should identify remaining legal issues and cite the authorities each party relies on.
[Include a statement of the issues of law which any party contends remain to be litigated, and a citation of authorities relied upon by each party.]
WARNINGCivil cases
- Applies to
- Letter brief
If the date when a certain discovery request/report was filed/served is relevant to the dispute, and if a party is attaching that request/report as an exhibit to its letter brief, then the party should also include the page of the exhibit that indicates on what date the request/report was filed/served.
If the date when a certain discovery request/report was filed/served is relevant to the dispute, and if a party is attaching that request/report as an exhibit to its letter brief, then the party should also include the page of the exhibit that indicates on what date the request/report was filed/served.
WARNINGCivil cases
- Applies to
- Draft pretrial order
If the parties want a detailed post-trial opinion, counsel should include a proposed post-trial briefing schedule in the draft pretrial order.
[If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule in the draft pretrial order.]
WARNINGCivil cases
- Applies to
- Letter brief
- Must include
- proposed order
The moving party should attach a proposed order to its letter brief as an exhibit. In that proposed order, the moving party should also clearly set out the nature of the requested relief as to each dispute.
The moving party should attach a proposed order to its letter brief as an exhibit. In that proposed order, the moving party should also clearly set out the nature of the requested relief as to each dispute.
WARNING
The claim construction issue identification list exchanged by parties shall not be filed with the Court.
This document will not be filed with the Court.
WARNINGCivil cases
- Applies to
- Protective order
- Must include
- proposed order
If parties cannot agree on protective order, follow Paragraph 8(g) procedures.
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.
WARNINGCivil cases
- Applies to
- Brief
Joint claim construction briefs exceeding 80 pages require certification that page limits were not violated and explanation for excess length.
If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits in the Scheduling Order have not been violated and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms, etc.) as to why the brief is longer than 80 pages.
WARNINGCivil cases
- Applies to
- Response to concise statement of facts
A fact in the moving party's concise statement is treated as undisputed for summary judgment if the opposing party does not respond to it.
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.
WARNINGCivil cases
- Applies to
- Proposed final pretrial order
In ANDA cases, the parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order.
[For ANDA cases] The parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order.
WARNINGCivil cases
- Applies to
- Response to concise statement
A fact in the moving party’s concise statement is treated as undisputed for summary judgment if the opposing party does not respond to it.
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.
WARNINGCivil cases
- Applies to
- Jury trial filings
In jury trials, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms under Local Rules 47.1 and 51.1.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms
WARNINGCivil cases
- Applies to
- Joint claim construction chart
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.
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.
WARNINGCivil cases
- Applies to
- Non dispositive motion
A non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNINGCivil cases
- Applies to
- Deadline chart
Counsel must provide a chart of all relevant deadlines.
[Counsel Shall Provide a Chart of All Relevant Deadlines]
WARNINGCivil cases
- Applies to
- Opposing concise statement of facts
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.
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.
WARNINGCivil cases
- Applies to
- Non dispositive motion
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNING
- Applies to
- Mediation participation
- Must include
- good faith cooperation
Required participants must be available, accessible, and cooperate in good faith throughout mediation
The required participants shall be available and accessible throughout the mediation process. The parties' full and good faith cooperation with the mediation process is required. In particular, both the lawyers and the party representatives are expected to be fully prepared to participate. All participants are encouraged to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute.
WARNINGCivil cases
- Applies to
- Letter
Do not include documentation of attempts to resolve issues; cases/transcripts relied upon may be attached
Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.
WARNINGCivil cases
- Applies to
- Discovery dispute submission
To the extent factual issues are disputed or central to the Court’s analysis,2 non-conclusory, sworn declarations, only to the extent necessary to establish the facts, shall be attached as exhibit(s).
To the extent factual issues are disputed or central to the Court’s analysis,2 non-conclusory, sworn declarations, only to the extent necessary to establish the facts, shall be attached as exhibit(s).
WARNINGCivil cases
- Applies to
- Discovery letter
Discovery teleconference letters must include a separate page listing participants, which does not count toward the page limit.
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
WARNING
- Applies to
- Letter
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter subm ission may be attached as exhibits.
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter subm ission may be attached as exhibits.
WARNINGCivil cases
- Applies to
- Letter
Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached.
Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached.
WARNINGCivil cases
- Applies to
- Letter
Parties must submit joint letter with claim construction brief requesting testimony leave and hearing time allocation.
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.
WARNINGCivil cases
- Applies to
- Pretrial order
Joint proposed final pretrial order must include a table of contents.
The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].
WARNINGCivil cases
- Applies to
- Protective order dispute submission
Submissions for protective order disputes must include the party's proposal for the disputed portions only.
For disputes related to the protective order, the submissions shall include the party’s proposal of the content for the disputed portion(s) only of the protective order.
WARNINGCivil cases
- Applies to
- Letter
Documentation of the parties' attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included.
Documentation of the parties' attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included.
WARNING
- Applies to
- Pre motion letter
- Must include
- limited attachments
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter subm ission may be attached as exhibits.
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter subm ission may be attached as exhibits.
WARNINGCivil cases
- Applies to
- Witness list
[If there are any third parties to the action, they should include an identical list of witnesses as that contained in Parts A and B above.]
[If there are any third parties to the action, they should include an identical list of witnesses as that contained in Parts A and B above.]
WARNINGCivil cases
- Applies to
- Brief
A deposition exhibit citation must specify both page and line numbers.
If the exhibit is a deposition, both the page and line numbers must be specified.
WARNINGCivil cases
- Applies to
- Pretrial order
The pretrial materials should identify desired pleading amendments and state whether each proposed amendment is opposed and, if so, the grounds for the objection.
[Indicate any amendments of the pleadings desired by any party, along with a statement whether the proposed amendment is objected to and, if objected to, the grounds for the
WARNINGCivil cases
- Applies to
- Joint claim construction brief
The Joint Claim Construction Brief must combine the parties’ positions in sequential order using substantially the prescribed structure; general summaries of claim-construction law are not required.
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 need not include any general summaries of the law relating to claim construction.
WARNINGCivil cases
- Applies to
- Protective order
- Must include
- proposed order
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of 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 of this Order.
WARNINGCivil cases
- Applies to
- Draft pretrial order
If the parties want a detailed post-trial opinion, counsel should include a proposed post-trial briefing schedule in the draft pretrial order.
[If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule in the draft pretrial order.]
WARNINGCivil cases
- Applies to
- Written notice to court
If all parties agree there is nothing to report or add to the interim status report, they must notify the Court in writing before the conference, and it will be removed from the calendar.
If all parties agree that there is nothing to report, nor anything to add to the interim status report, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be taken off the Court’s calendar.
WARNINGCivil cases
- Applies to
- Brief
Briefs referring to exhibits must identify the specific pages cited.
e. Citations to exhibits. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party’s argument.
WARNINGCivil cases
- Applies to
- Discovery dispute letter submission
The moving party should attach a proposed order as an exhibit and state the requested relief for each dispute and its completion date.
The moving party should attach a proposed order to its letter brief as an exhibit. In the proposed order, the moving party should clearly set out the nature of the requested relief as to each dispute, including the date by which the requested relief is to be completed.
WARNINGCivil cases
- Applies to
- Scheduling order
If the parties agree to modify the specified discovery limits, they must include the appropriate proposed provisions in the Order.
Should the parties agree to modify the number of depositions under Fed. R. Civ. P. 30, the number of allowed interrogatories under Rule 33, or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order.
WARNINGCivil cases
- Applies to
- Pretrial order
The pretrial materials should state the number of hours the parties request for their trial presentations.
[The trial will be timed. Indicate the number of hours the parties request for their trial presentations.]
WARNINGCivil cases
- Applies to
- Pretrial order
Unless the Court orders otherwise, the parties should assume that filing the pretrial order satisfies the Rule 26(a)(3) pretrial disclosure requirement.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
WARNINGCivil cases
- Applies to
- Non dispositive motion
Any non- dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non- dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNINGCivil cases
- Applies to
- Proposed protective order
Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, the Court does not intend to preclude another court from finding that information 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.
Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, the Court does not intend to preclude another court from finding that information 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.
WARNINGCivil cases
- Applies to
- Pretrial order
Unless the Court orders otherwise, the parties should assume that filing the pretrial order satisfies Rule 26(a)(3)’s pretrial disclosure requirement.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
WARNINGCivil cases
- Applies to
- Pretrial disclosure
Unless the Court orders otherwise, parties should assume that filing the pretrial order satisfies the Rule 26(a)(3) pretrial disclosure requirement.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
WARNING
- Applies to
- Mediation statement
Crucial or pertinent documents may be submitted as exhibits to the mediation statement, and counsel should limit those exhibits.
7. Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Counsel are cautioned to limit such exhibits.
WARNINGCivil cases
- Applies to
- Exhibits
The parties shall make reasonable efforts to include only exhibit pages relevant to the discovery dispute.
The parties shall make reasonable efforts to attach only those pages relevant to the discovery dispute as exhibits.
WARNINGCivil cases
- Applies to
- Protective order
Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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 in other proceedings 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 party may have an opportunity to appear and be heard in the other proceeding.
Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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 in other proceedings 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 party may have an opportunity to appear and be heard in the other proceeding.
WARNINGCivil cases
- Applies to
- Non dispositive motion
A non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
WARNINGCivil cases
- Applies to
- Pretrial order
The pretrial order should state whether the parties desire a bifurcated trial and, if so, why.
[Indicate whether the parties desire a bifurcated trial, and, if so, why.]
WARNINGCivil cases
- Applies to
- Concise statement of facts
If the opposing party includes a separate concise statement of facts, each asserted fact must be in a separate numbered paragraph and supported by specific record citations.
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.
WARNINGCivil cases
- Applies to
- Proposed protective order
- Must include
- proposed order
Counsel should submit the agreed proposed protective order to the Court within ten days from the date of the Order.
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 of this Order.
WARNINGCivil cases
- Applies to
- Discovery dispute letter submission
The responding party should attach relevant discovery requests or responses not already submitted by the moving party.
The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit.
WARNINGCivil cases
- Applies to
- Deposition testimony
Irrelevant and redundant deposition material, including counsel colloquy and objections, must be eliminated when the deposition is presented at trial.
All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.
WARNINGCivil cases
- Applies to
- Request for electronic equipment
Requests to bring electronic equipment to mediation must be in a separate letter by the mediation statement due date and include names, equipment list, and a representation of assistance.
Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above). Any such request shall include the name(s) of the individuals, a list of the equipment requested to be authorized, and a representation that counsel believes the presence of the requested equipment will be of assistance in the mediation process and that the request is not being made just for convenience.
WARNINGCivil cases
- Applies to
- Discovery dispute letter submission
When the dispute concerns specific discovery requests, the moving party should attach those requests and relevant responses as exhibits to its letter brief.
If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.
WARNINGCivil cases
- Applies to
- Jury trial submissions
In jury cases, the parties should jointly file proposed voir dire, preliminary and final jury instructions, and special verdict forms under Local Rules 47 and 51.
Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms
WARNING
The Parties should report whether they agreed to a different ESI protocol, submit any agreed stipulation before the Rule 16 conference, or identify unresolved issues.
In addition, the Parties should state whether they have agreed to an ESI protocol other than the District of Delaware’s Default Standard For Discovery, Including Discovery Of Electronically Stored Information (the “Default Standard”). If so, the Parties should submit the stipulation to the Court in advance of the Rule 16 conference. If not, the Parties should identify what issues need to be resolved to finalize the stipulation.
WARNING
- Applies to
- Joint rule 26f report
The parties should specifically summarize the issues on which they will need to conduct discovery.
A. Summarize with specificity those issues on which the Parties will need to conduct discovery.
WARNING
The Parties should identify any additional issues not already addressed that may require the Court’s attention.
The Parties should identify any other issues that have not been addressed above but may require the Court’s attention (e.g., anticipated motions, bifurcation, privilege issues, etc.).
WARNING
The Parties should state whether they consent to email service of pleadings and discovery, and any party that does not consent must explain why.
Do the parties consent to service of pleadings and discovery via email pursuant to Fed. R. Civ. P. 5(b)(2)(E)? Any party that does not consent must explain its reasons.
WARNING
- Applies to
- Written submission
Citations to docket documents in written submissions should identify the documents by ECF number.
In all written submissions to Judge Wolson, citations to documents on the docket, e.g., “Indictment,” should identify those documents by ECF number.
WARNING
- Applies to
- Joint rule 26f report
The parties should consider their anticipated discovery needs and provide thoughtful answers in the joint report.
The Parties should consider the discovery that they will need and provide thoughtful answers.
WARNING
- Applies to
- Jury instructions
The parties are generally expected to submit a joint proposed set of jury instructions.
Judge Wolson will generally require the parties to submit a joint proposed set of jury instructions.
WARNING
- Applies to
- Joint rule 26f report
The alleged infringer should state whether it has sought or expects to seek inter partes review of any patent-in-suit.
The alleged infringer should indicate whether it has sought, or expects to seek, inter partes review of any of the Patents-In-Suit.
WARNING
The Parties should state whether they anticipate needing a protective order and, if so, explain what information needs protection and why.
The Parties should indicate whether they anticipate the need for a protective order in this case. If so, the Parties must explain what type of information needs protection from disclosure and why such protection is warranted under governing standards.
WARNING
- Applies to
- Joint rule 26f report
The alleged infringer should briefly describe the accused products and the relevant market in which they are sold.
The alleged infringer should provide a brief description of the accused products and the relevant market in which they are sold.
WARNING
The Parties should summarize their discussion of the issues in this section.
Parties should summarize their discussion on these issues here.
WARNING
- Applies to
- Joint rule 26f report
The joint report should briefly summarize the patents, including their relationship, claimed technology, and the patent holder’s asserted inventive concept.
The Parties should provide a brief summary of the Patents-In-Suit, including whether the patents are related, a general description of the technology they claim, and what the patent holder contends is the inventive concept.
WARNING
- Applies to
- Joint rule 26f report
The parties should identify the categories of information each party needs in discovery and explain why.
Identify categories of information each Party needs in discovery and why.
WARNING
- Applies to
- Joint rule 26f report
In addition, the Parties should not default to the limits in the Federal Rules of Civil Procedure when providing the numbers of interrogatories or depositions they expect in the case.
In addition, the Parties should not default to the limits in the Federal Rules of Civil Procedure when providing the numbers of interrogatories or depositions they expect in the case.
WARNING
If the Parties believe a departure from the usual timeline is warranted, they should explain why it is necessary.
To the extent the Parties believe I should depart from the usual timeline, they should explain why such a departure is necessary.
WARNING
When completing the proposed-deadlines section, the Parties should make a good-faith effort to agree on proposed deadlines.
When completing this section, the Parties should make a good faith effort to reach agreement on proposed deadlines.
WARNING
- Applies to
- Joint rule 26f report
The parties should provide thoughtful answers based on their actual assessment of the case.
They should provide thoughtful answers based on their actual assessment of the case.
WARNING
If no discovery has been conducted, the Parties should explain why.
If nothing has been done in terms of discovery, the Parties should explain why.
WARNING
By signing, counsel and each pro se Party represent that they reviewed and acknowledge Judge Wolson’s Policies and Procedures, including the chamber-email keyword requirements.
By signing below, counsel for each Party and/or each pro se Party represents that he or she has reviewed the Judge’s Policies and Procedures and acknowledges the requirements contained therein, including the Policies governing keywords to use when emailing Chambers.
WARNING
- Applies to
- Deposition transcript
In addition, parties submitting deposition transcripts should provide only a cover page identifying the witness and relevant pages from the transcripts. Parties should not submit the entire transcript unless the entire transcript is relevant to the issue.
In addition, parties submitting deposition transcripts should provide only a cover page identifying the witness and relevant pages from the transcripts. Parties should not submit the entire transcript unless the entire transcript is relevant to the issue.
WARNING
The Parties should report whether they have engaged in settlement discussions and provide the negotiations’ status or explain why no discussions occurred.
A. Have the Parties engaged in any settlement discussions? If so, set forth the status of those negotiations. If not, explain why not.
WARNING
- Applies to
- Joint rule 26f report
The patent holder should report the inventors’ locations and whether they are under its control for discovery.
The patent holder should advise where the inventor(s) are located and whether they are under the patent holder’s control for purposes of discovery.
WARNING
The Parties should report whether they explored other forms of ADR and summarize those efforts or state their positions if they did not.
B. Have the Parties explored or considered other forms of alternative dispute resolution? If so, summarize those efforts. If not, state the Parties’ positions with respect to ADR.
WARNING
- Applies to
- Privilege log
Privilege logs must provide enough information to determine the basis for the privilege claim and generally identify each withheld email and its basis, but emails exchanged between individuals under the same privilege claim may be described collectively.
Parties preparing privilege logs must provide information sufficient for the opposing party to determine the basis for the assertion of privilege. For claims of privilege covering multiple e-mails, the party asserting privilege must describe the specific e-mails that are being withheld, as opposed to only the e-mail at the top of the e-mail string, and the basis for withholding each e-mail. Where several e-mails are exchanged between individuals, and the same privilege claim applies to all those e-mails, the party asserting privilege may describe the e-mails collectively, rather than one-by-one.
WARNING
- Applies to
- Motion
Failure to state all parties’ positions may result in summary denial of the requested relief.
Failure to recite all parties’ positions may result in summary denial of the requested relief.
WARNING
- Applies to
- Proposed order
The proposed order should specifically refer to the motion, docket filing number, and specific basis for requested relief.
The proposed order should specifically refer to the motion, docket filing number, and specific basis for requested relief.
WARNING
- Applies to
- Proposed jury instructions
When preparing proposed points for charge, the parties are directed to consult the Model Civil Jury Instructions and should tailor any model-based instructions to the case’s specific facts.
In submitting proposed points for charge, the parties are directed to the Model Civil Jury Instructions (available at http://www.ca3.uscourts.gov/model-jury-instructions). Where applicable, Judge Kearney will use the Model Instructions to instruct the jury. In submitting points for charge based on the Model Instructions, however, the parties should tailor the proposed instructions to the specific facts of the case.
WARNING
- Applies to
- Summary judgment appendix
The Court will not consider material omitted from the appendix required by the policy.
Judge Kearney will not consider material not included in the appendix required by this Policy.
WARNING
- Applies to
- Class action settlement submission
Parties seeking or objecting to a class settlement order should fully address their positions on best practices for implementing the 2018 amendments to Rule 23, including the cited guidance.
Parties seeking or objecting to an order settling a case on a class basis under Fed. R. Civ. P. 23 should fully address their positions on the best practices for implementing the 2018 Amendments to Rule 23, including those described at https://judicialstudies.duke.edu/wp-content/uploads/2018/12/JUDICATURE102-3_ClassActions.pdf with the executive summary: Guidance on new Rule 23 class action settlement provisions, 102 JUDICATURE, no. 3, Fall/Winter 2018, at 15-21.
WARNING
- Applies to
- Trial brief
Parties may submit a trial brief only when Judge Kearney requests one.
Parties may submit a trial brief only if requested by Judge Kearney.
WARNING
- Applies to
- Proposed findings conclusions
In non-jury cases, Judge Kearney may require counsel to timely file proposed findings of fact and conclusions of law.
Judge Kearney may require counsel timely file proposed findings of fact and conclusions of law in non-jury cases.
WARNING
- Applies to
- Summary judgment appendix
The movant is expected to make every good-faith effort to include all necessary exhibits, anticipating the respondent’s citation needs.
The movant shall make every effort to include all necessary exhibits in the appendix, anticipating the respondent’s necessary citations to the fullest good faith extent possible.
WARNING
- Applies to
- Summary judgment appendix
Failure to follow the appendix procedure may lead to denial of the motion without prejudice or, for a respondent, treatment of the motion as uncontested.
Failure of the movant to follow this procedure in all respects may result in the denial of the motion without prejudice to be renewed at trial. Respondent’s failure to comply in all respects may result in the Court’s considering the motion as uncontested.
INFO
- Applies to
- Joint pretrial order
Parties in an adversary proceeding or contested matter involving discovery and evidence are encouraged to submit a proposed joint Pretrial Order consistent with Del. Bankr. L.R. 7016-2(d).
Parties to an adversary proceeding or contested matter that will involve discovery and the presentation of evidence are encouraged to submit a proposed joint Pretrial Order consistent with Del. Bankr. L.R. 7016-2(d).
INFOCivil cases
- Applies to
- First day binder
All filings included in first day binders should reference the docket number and date filed.
All filings included in a binder should reference the docket number and date filed.
INFOCivil cases
- Applies to
- Final fee application
Previously approved fee applications are not required to be submitted with final fee applications unless there is a dispute regarding a prior interim award.
When submitting final fee applications, all previously approved fee applications need not be provided, unless there is a dispute regarding a prior interim award.
INFO
- Applies to
- Notice of intent to have newer attorney argue
After a motion is fully briefed, a party may file a docket notice stating that a newer attorney intends to argue all or part of the motion.
After a motion is fully briefed (in either a contested matter or an adversary proceeding), a party may alert the Court that it intends to have a newer attorney argue the motion (or a portion of the motion). The party may advise the Court of such intent by filing a notice on the docket of the case or adversary proceeding.
INFO
- Applies to
- Final fee application
Previously approved fee applications need not accompany final fee applications unless a prior interim award is disputed.
When submitting final fee applications, all previously approved fee applications need not be provided, unless there is a dispute regarding a prior interim award.
INFOProposed or draft document; may not be in force
- Applies to
- Final fee application
Previously approved fee applications need not accompany final fee applications unless a prior interim award is disputed.
When submitting final fee applications, all previously approved fee applications need not be provided, unless there is a dispute regarding a prior interim award.
INFOProposed or draft document; may not be in force
- Applies to
- Joint pretrial order
Parties in an adversary proceeding or contested matter involving discovery and evidence are encouraged to submit a Joint Pretrial Order, or competing proposed orders if they cannot agree.
Parties to an adversary proceeding or contested matter that will involve discovery and the presentation of evidence are encouraged to submit a proposed Joint Pretrial Order (or, if the parties are unable to agree, to submit competing forms of order).
INFOCivil cases
- Applies to
- Concise statement
A party may file referenced documents in their entirety when it concludes the full context would help the Court, but is not required to do so.
Documents referenced in the concise statement may, but need not, be filed in their entirety if a party concludes that the full context would be helpful to the Court (e.g., a deposition miniscript with an index stating what pages may contain key words may often be useful).
INFOCivil cases
- Applies to
- Joint claim construction brief
The joint claim-construction brief need not include general summaries of claim-construction law.
The parties need not include any general summaries of the law relating to claim construction.
INFOCivil cases
The parties are not required to include general summaries of claim-construction law.
The parties need not include any general summaries of the law relating to claim construction.
INFOCivil cases
- Applies to
- Deposition transcript
A party submitting an entire deposition transcript should consider whether a miniscript would be preferable.
If a party determines that an entire deposition transcript should be submitted, the party should consider whether a miniscript would be preferable to a full-size transcript.
INFOCivil cases
- Applies to
- Deposition transcript
A party submitting an entire deposition transcript should consider whether a miniscript would be preferable to a full-size transcript.
If a party determines that an entire deposition transcript should be submitted, the party should consider whether a miniscript would be preferable to a full-size transcript.
INFOCivil cases
- Applies to
- Joint claim construction brief
The parties are not required to include general summaries of claim-construction law.
The parties need not include any general summaries of the law relating to claim construction.
INFOCivil cases
- Applies to
- Brief certification
The person preparing the certification may rely on the word count produced by the word-processing system used for the brief.
The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.
INFOCivil cases
- Applies to
- Referenced document
A party may file referenced documents in their entirety when it concludes the full context would help the Court, but complete documents are not required.
Documents referenced in the concise statement may, but need not, be filed in their entirety if a party concludes that the full context would be helpful to the Court (e.g., a deposition miniscript with an index stating what pages may contain key words may often be useful).
INFOCivil cases
- Applies to
- Claim construction brief
The parties are not required to include general summaries of claim-construction law in their briefing.
The parties need not include any general summaries of the law relating to claim construction.
INFOCivil cases
- Applies to
- Claim construction presentation
The parties are not required to include general summaries of claim-construction law in their presentations to the Court.
The parties need not include any general summaries of the law relating to claim construction in their presentations to the Court.
INFOCivil cases
- Applies to
- Post trial papers
For patent cases, the Court requests hyperlinked post-trial papers within one week of the last post-trial brief, and hard-copy trial exhibits are not required if hyperlinks are provided.
In patent cases, the Court would like to receive hyperlinked versions of the parties’ post- trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits.
INFOCivil cases
- Applies to
- Trial exhibits
Original exhibits go to courtroom deputy in jury trials, maintained by parties in bench trials.
In a jury trial, the “original” exhibits are given to the Courtroom Deputy once they have been admitted. In a bench trial, the “original” exhibits are maintained by the parties.
INFOCivil cases
- Applies to
- Pretrial order
Proposed post-trial briefing schedule with page limits should be included in pretrial order if detailed opinion desired.
If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the proposed pretrial order.
INFOCivil cases
- Applies to
- Witness time charges
- Must include
- proportions provided by parties, charged for time between witnesses
Parties charged for time between witnesses based on proportions they provide.
The parties will be charged for all time that elapses from the time the witness is called until the next witness is called, according to the proportions to be provided by the parties.
INFOCivil cases
- Applies to
- Claim construction list
Parties must exchange claim construction lists but not file them with the Court.
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.
INFOCivil cases
- Applies to
- Scheduling order
- Must include
- claim reduction schedule
Parties should schedule claim/prior art reduction before claim construction and after ruling.
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.
INFOCivil cases
- Applies to
- Discovery dispute
Discovery disputes are referred to magistrate judge, but referral is optional.
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.)
INFOCivil cases
- Applies to
- Adr process
- Must include
- adr exploration
Case referred to magistrate judge for ADR exploration.
This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution.
INFOCivil cases
- Applies to
- Scheduling order
- Must include
- patent disclosure timetable
Parties may agree to patent disclosure timetable in scheduling order.
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.
INFO
- Applies to
- Mediation statement
Counsel are encouraged to address other potentially helpful matters in the mediation statement if it complies with the stated page limit.
In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court.
INFOCivil cases
- Applies to
- Joint claim construction brief
The joint claim construction brief need not include general summaries of claim-construction law.
The parties need not include any general summaries of the law relating to claim construction.
INFOCivil cases
- Applies to
- Pretrial order
Unless the Court orders otherwise, the parties should assume that filing the pretrial order satisfies the Rule 26(a)(3) pretrial disclosure requirement.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
INFOCivil cases
- Applies to
- Markman briefing
Although indefiniteness may be argued at Markman, the Court recommends including expert declarations or other evidence with the Markman briefing about how a POSITA would understand the term.
Judge Burke will let you attempt to argue that a claim term is indefinite at Markman. But if you are going to do that, it often will make sense for you to include expert declarations or other evidence along with your Markman briefing regarding how a POSITA would understand the term at issue in light of the patent’s disclosures.
INFOCivil cases
- Applies to
- Opposing partys concise statement
The opposing party may include a separate concise statement of material facts in genuine dispute, with each fact in a numbered paragraph supported by specific record citations.
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.
INFO
- Applies to
- Mediation statement
Pertinent documents may be submitted as exhibits to the mediation statement.
Pertinent documents may be submitted as exhibits to the mediation statement.
INFO
Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district.
Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district.
INFO
- Applies to
- Technology tutorial
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.
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.
INFO
- Applies to
- Discovery dispute motion
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.
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.
INFO
- Applies to
- Discovery dispute motion
Motion text available in Forms section of Judge Tennyson's website.
The text for this motion can be found in the “Forms” section of Magistrate Judge Tennyson’s portion of the Court’s website.
INFO
- Applies to
- Claim construction term list
- Must include
- exchange required, filing prohibited
Claim construction term list must be exchanged but not filed.
On [DATE], the parties shall exchange a list of 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.
INFO
- Applies to
- Expert report
- Must include
- expert deposition availability
Parties must advise of expert deposition availability with expert reports.
Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.
INFOCivil cases
- Applies to
- Letter
Participant list must be included on separate page, not counted toward page limit
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
INFO
- Applies to
- Pre motion letter
- Must include
- sworn declarations
Sworn declarations may be filed if factual issues are disputed or central to analysis
To the extent factual issues are disputed or central to the Court’s analysis, non-conclusory, sworn declarations, only to the extent necessary, may be filed with the letter submission.
INFO
- Applies to
- Pre motion letter
- Must include
- participant list
Participant list must be included on separate page, not counted toward page limit
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
INFO
- Applies to
- Mediation statement
- Must include
- judge name
Mediation statements may include additional topics beyond the required sections, provided the page limit is complied with.
In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court.
INFO
- Applies to
- Mediation statement
If the mediation statement complies with the page limit, counsel are encouraged to address other matters they believe may assist the Court.
In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court.
INFO
- Applies to
- Defendant pre trial memorandum
A defendant is not required to file a pre-trial memorandum but may file one on the Government’s schedule.
The defendant is not required to file a pre-trial memorandum but may do so on the same schedule as the Government.
INFO
- Applies to
- Response to motion in limine
Responses to motions in limine need not answer each allegation in the manner used in state court practice.
Responses to motions in limine do not need to answer each allegation as in state court practice.
INFO
- Applies to
- Respondent appendix
If necessary, the non-moving party may submit affidavits or additional exhibits in a respondent’s appendix filed with its opposition.
Should it become necessary for the non-moving party to submit affidavits or additional exhibits, however, it may do so in a respondent’s appendix filed with its Opposition.
INFO
- Applies to
- Trial memorandum
A defendant is not required to file a trial memorandum but is permitted to do so.
The defendant is not required to file a trial memorandum but may do so.
CRITICALCivil cases
- Applies to
- Scheduling order
Plaintiff must disclose existing licenses/settlements by scheduling conference or file proposed order 24 hours prior.
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.
CRITICALCivil cases
Protective orders must include required 'Other Proceedings' paragraph about limiting disclosure.
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.
CRITICALCivil cases
Plaintiff must disclose accused products and damages model by specific date
Disclosures. Absent agreement among the parties, and approval of the Court: (a) By ____________, 20__, Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted file history for each asserted patent.
CRITICALCivil cases
- Applies to
- Non dispositive motion
Non-dispositive motions must include the statement required by Local Rule 7.1.1.
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
What must be included with filings in District of Delaware?
Judge Jennifer L. Hall: [Counsel Shall Provide a Chart of All Relevant Deadlines]
Visiting Mark A. Kearney: In patent non-ANDA cases, the joint Rule 26(f) report must propose step-by-step dates for exchanging information to plan for a Markman hearing as soon as practicable.
Visiting Joshua D. Wolson: For joint-and-several restitution liability, the Government must itemize the amount for which each defendant is responsible.
28 more rules answer this question.
What must be included with pretrial order filings in District of Delaware?
Judge Maryellen Noreika: The rule requires page limits for proposed findings of fact. Page limits for proposed Findings of Fact must be proposed in pretrial order.
Magistrate Judge Mary Pat Thynge: The rule requires table of contents. Joint proposed final pretrial order must include table of contents and matters described in Local Rule 16.3(c).
Magistrate Judge Christopher J. Burke: A witness not listed in the pretrial order may not testify unless good cause is shown.
29 more rules answer this question.
What must be included with summary judgment motion filings in District of Delaware?
Magistrate Judge Christopher J. Burke: A summary judgment motion must include a separate concise statement identifying each material fact the moving party contends is essential to resolving that motion.
Chief Judge Colm F. Connolly: The rule requires statement of facts. A summary judgment motion must include a separate concise statement identifying each material fact the moving party contends is undisputed and essential to deciding the motion.
Visiting Joshua D. Wolson: The rule requires exhibit list and statement of facts. A summary judgment motion must be accompanied by a jointly prepared consolidated statement of facts filed separately and a joint set of all exhibits cited in that statement.
11 more rules answer this question.
What must be included with expert report filings in District of Delaware?
Magistrate Judge Laura D. Hatcher: When submitting expert reports, the parties must advise of their experts' available deposition dates and times.
Judge Gregory B. Williams: When submitting expert reports, parties must advise when their experts are available for deposition.
Chief Judge Colm F. Connolly: The parties must provide their experts’ deposition availability dates and times with the expert reports.
12 more rules answer this question.
What must be included with trial memorandum filings in District of Delaware?
Visiting Mark A. Kearney: The United States' trial memorandum must set out the offenses' essential elements, intended facts, each intended witness's identity and testimony substance, and any legal issues.
1 more rule answers this question.
What must be included with joint claim construction brief filings in District of Delaware?
Chief Judge Colm F. Connolly: The parties must combine their untitled briefs into one joint brief and present positions on each claim term in sequential order, substantially following the provided form.
Magistrate Judge Laura D. Hatcher: The Joint Claim Construction Brief must present the parties' positions on each claim term in sequential order and substantially follow the provided form.
Magistrate Judge Eleanor G. Tennyson: The rule requires joint appendix, patents included, and intrinsic evidence included. Joint appendix must include patents and relevant intrinsic evidence.
22 more rules answer this question.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.