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Court Rules

District of Delaware Filing Timing and Cure Windows

342 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

Deadline
2 business days

The hearing agenda will be filed by noon Eastern Time two business days before the hearing.

The link will be provided on the hearing agenda, which will be filed on or before 12:00 p.m. (Prevailing Eastern Time) two (2) business days prior to the hearing.

Bankruptcy J. Kate Stickles

CRITICALCivil cases

Deadline
2 business days

Hearing agendas must be filed on or before 12:00 PM Eastern Time two business days prior to the hearing.

The link will be provided on the hearing agenda, which will be filed on or before 12:00 PM (prevailing Eastern Time) two (2) business days prior to the hearing.

Bankruptcy Laurie Selber Silverstein

CRITICALCivil cases

Deadline
1 business days

Remote appearance registration must be completed by 4:00 PM Eastern Time the business day prior to the hearing, unless otherwise noticed.

The deadline to register for remote appearance is 4:00 PM (prevailing Eastern Time) the business day before the hearing unless otherwise noticed.

Bankruptcy Laurie Selber Silverstein

CRITICAL

Deadline
3 business days

Parties intending to call witnesses or introduce exhibits must file a witness and exhibit list by 4:00 p.m. Eastern time three business days before the hearing.

If parties intend to call witnesses and/or introduce exhibits at a hearing, they must file a witness and exhibit list by no later than 4:00 p.m. (Eastern time) three business days before the hearing.

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

Deadline
3 business days

When witnesses or exhibits are planned, the witness and exhibit list must be filed by 4:00 p.m. Eastern time three business days before the hearing.

If parties intend to call witnesses and/or introduce exhibits at a hearing, they must file a witness and exhibit list by no later than 4:00 p.m. (Eastern time) three business days before the hearing.

Bankruptcy Thomas M. Horan

CRITICAL

Deadline
3 business days

Witness remote-participation requests are due by 4:00 p.m. Eastern time three business days before the hearing.

All requests for remote participation by witnesses must be emailed to chambers (copying all affected parties) by no later than 4:00 p.m. (Eastern time) three business days prior to the hearing and explain why the extraordinary relief of permitting a witness to appear by Zoom should be granted.

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

A response to a letter or motion must be filed by noon two days before the hearing.

Any response to a letter or motion must be filed no later than at noon, two days before the hearing.

Bankruptcy Thomas M. Horan

CRITICAL

Deadline
3 business days

Unless otherwise ordered, plan-confirmation materials to be considered at or in connection with the hearing must be filed by 4:00 p.m. Eastern time three business days before the hearing.

Except as may otherwise be ordered, any proposed order confirming a plan, any brief in support of plan confirmation, and any other document or pleading that a plan proponent may wish to have considered at or in connection with a plan confirmation hearing must be filed and served by no later than 4:00 p.m. (Eastern time) three business days before the plan confirmation hearing.

Bankruptcy Thomas M. Horan

CRITICAL

A response to a letter or motion must be filed by noon two days before the hearing.

Any response to a letter or motion must be filed no later than at noon, two days before the hearing.

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

Deadline
3 business days

Unless otherwise ordered, plan-confirmation proposed orders, supporting briefs, and other materials the proponent wants considered must be filed by 4:00 p.m. Eastern time three business days before the hearing.

Except as may otherwise be ordered, any proposed order confirming a plan, any brief in support of plan confirmation, and any other document or pleading that a plan proponent may wish to have considered at or in connection with a plan confirmation hearing must be filed and served by no later than 4:00 p.m. (Eastern time) three business days before the plan confirmation hearing.

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

File and email agendas to chambers and deliver any required binders by noon Eastern time two days before the scheduled hearing.

Agendas must be filed and e-mailed to chambers, and binders delivered to chambers, by noon (Eastern time) two days before the scheduled hearing.

Bankruptcy Thomas M. Horan

CRITICAL

Deadline
1 business days

For an in-person proceeding, registration is required by 4:00 p.m. Eastern time on the business day before the hearing unless otherwise noticed using the eCourt Appearances tool.

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.

Bankruptcy Thomas M. Horan

CRITICAL

Agendas must be filed and emailed to chambers by noon Eastern time two days before the scheduled hearing.

Agendas must be filed and e-mailed to chambers by noon (Eastern time) two days before the scheduled hearing.

Bankruptcy Thomas M. Horan

CRITICAL

Deadline
1 business days

For remote proceedings, registration is required by 4:00 p.m. Eastern time the business day before the hearing, or one hour before a first-day hearing, unless otherwise noticed using the eCourt Appearances tool.

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.

Bankruptcy Thomas M. Horan

CRITICALCivil cases

Each party must file a Motion for Claim Construction concurrently with the Joint Claim Construction Chart and request adoption of that party's charted construction 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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The joint proposed final pretrial order is due by 5:00 p.m. on the date 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].

Chief Judge Colm F. Connolly

CRITICALCivil cases

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].

Chief Judge Colm F. Connolly

CRITICALCivil cases

The joint proposed final pretrial order is due 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].

Chief Judge Colm F. Connolly

CRITICALCivil cases

Unless otherwise ordered, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Judge Jennifer L. Hall

CRITICALCivil cases

The parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.

The parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.

Judge Maryellen Noreika

CRITICALCivil cases

Case dispositive motions cannot be filed before the scheduled date without leave of court.

No case dispositive motion may be filed at a time before the date set forth in this paragraph without leave of the Court.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

In bench trials, case dispositive motions require leave of court.

If the matter is scheduled for a bench trial, no case dispositive motions shall be filed without leave of the Court.

Magistrate Judge Mary Pat Thynge

WARNING

Such a motion should be filed contemporaneously with the motion seeking the relief in question.

Such a motion should be filed contemporaneously with the motion seeking the relief in question.

Bankruptcy Thomas M. Horan

WARNINGCivil cases

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].

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].

Chief Judge Colm F. Connolly

WARNINGCivil cases

Request to bring electronic equipment must be submitted by the mediation statement due date.

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).

Magistrate Judge Sherry R. Fallon

WARNING

The Court may treat a failure to respond as a statement that the motion or objection is uncontested.

Judge Wolson reserves the right to treat a failure to respond as a statement that the motion or objection is uncontested.

Visiting Joshua D. Wolson

INFOCivil cases

Technology tutorials, if filed, must be submitted on or before the Joint Claim Construction Brief filing date.

Although technology tutorials are not required by the Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed.

Judge Maryellen Noreika

INFO

When Judge Wolson is considering a Report and Recommendation, the Government agency may respond by standing by its prior briefing, the Report and Recommendation, or both.

In cases in which Judge Wolson is considering a Report and Recommendation, the Government agency may respond by saying that it stands by its prior briefing and/or the Report and Recommendation.

Visiting Joshua D. Wolson

INFO

In 28 U.S.C. § 2255 matters, the Government may respond before Judge Wolson requests a response but is not required to do so.

The Government may, but need not, respond even before Judge Wolson requests a response.

Visiting Joshua D. Wolson

Filing deadlines

CRITICAL

Deadline
1 hours

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.

Bankruptcy Brendan L. Shannon

CRITICAL

Deadline
48 hours

Witness and exhibit lists must be filed at least 48 hours before the hearing at which witnesses will be called or exhibits introduced.

If parties intend to call witnesses and/or introduce exhibits at a hearing, they must file a witness and exhibit list at least 48 hours before the hearing.

Bankruptcy Craig T. Goldblatt

CRITICAL

Responses to letters or motions in discovery/administration matters must be filed by noon two days before the hearing.

Any response to a letter or motion must be filed no later than at noon, two days before the hearing.

Bankruptcy Craig T. Goldblatt

CRITICAL

Counsel seeking an expedited hearing must file the motion for shortened notice concurrently with the underlying motion for substantive relief.

To request an expedited hearing, counsel must file a motion for shortened notice concurrent with filing the underlying motion seeking substantive relief.

Bankruptcy J. Kate Stickles

CRITICAL

Deadline
48 hours

The opposing party must respond to the discovery-dispute letter within 48 hours after receiving it.

Any party opposing the request for relief shall respond by letter, not to exceed five (5) pages in length, in like fashion, no later than forty-eight (48) hours following receipt of the moving party’s letter.

Bankruptcy J. Kate Stickles

CRITICAL

Deadline
2 business days

Agendas must be filed and emailed, and hearing binders delivered to chambers, by noon Eastern Time two business days before the hearing.

Agendas must be filed and e-mailed, and hearing binders delivered, to chambers by noon (Prevailing Eastern Time) two (2) business days before the scheduled hearing.

Bankruptcy J. Kate Stickles

CRITICAL

Deadline
48 hours

Parties intending to call witnesses at a hearing must file notice of that intention at least 48 hours before the hearing.

If parties intend to call witnesses at a hearing, they must file their intention to do so at least forty-eight (48) hours prior to the hearing.

Bankruptcy J. Kate Stickles

CRITICALCivil cases

Deadline
48 hours

Opposing parties in discovery disputes must submit response letters no later than 48 hours after receiving the moving party's letter.

Any party opposing the request for relief shall respond by letter, not to exceed five (5) pages in length, in like fashion, no later than 48 hours following receipt of the moving party’s letter.

Bankruptcy Laurie Selber Silverstein

CRITICAL

Chambers must receive the electronic and hard-copy fee binders no later than two weeks before the fee application hearing.

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.

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

Such a motion should be filed contemporaneously with the motion seeking the relief in question.

Such a motion should be filed contemporaneously with the motion seeking the relief in question.

Bankruptcy Thomas M. Horan

CRITICALProposed or draft document; may not be in force

By two weeks before the fee application hearing, provide chambers a single consolidated searchable-PDF binder of the fee applications and supporting documentation, plus a hard copy.

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.

Bankruptcy Thomas M. Horan

CRITICAL

Counsel may not set a motion for hearing on shortened notice until the court enters an order shortening time.

Counsel may not set a motion for hearing, on a date that would require shortened notice, before an order shortening time is entered.

Bankruptcy Thomas M. Horan

CRITICALCivil cases

Counsel must meet and confer and file an Amended Joint Claim Construction Chart within the specified 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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

A redacted version of every sealed document must be filed within seven days after the sealed document is filed; the order does not specify whether these are calendar or business days.

A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Each party must file its Motion for Claim Construction at the same time as the Joint Claim Construction Chart and request adoption of its 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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The Joint Claim Construction Chart must be filed 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 - - - - -.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Unless the parties agree otherwise, a party claiming patent infringement must serve its Disclosure of Asserted Claims and Infringement Contentions on all parties no later than 30 days after the Order.

Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Case dispositive motion

Case-dispositive motions and their supporting opening briefs and affidavits must be served and filed by the date left blank in the schedule.

All case dispositive motions and the opening briefs and affidavits supporting such motions shall be served and filed on or before

Chief Judge Colm F. Connolly

CRITICALCivil cases

Case-dispositive motions and their supporting opening briefs and affidavits must be served and filed by the deadline specified in the order.

All case dispositive motions and the opening briefs and affidavits supporting such motions shall be served and filed on or before _ _ _ _ _ _ _.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief no later than four weeks before the claim-construction hearing.

No later than _ _ _ _ _ _ _ [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Reply brief

Reply briefs for Rule 56 motions are due three months before the pretrial conference.

Reply briefs for any motions under Rule 56 shall be due on or before - - - - - - - [three months before the pretrial conference].

Chief Judge Colm F. Connolly

CRITICALCivil cases

The joint proposed final pretrial order is due 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].

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Case dispositive motion

A Rule 56 case-dispositive motion may not be filed more than ten days before the dispositive-motion deadline without leave of Court.

No case dispositive motion under Rule 56 may be filed more than ten days before this date without leave of the Court.

Chief Judge Colm F. Connolly

CRITICALCivil cases

any sealed document shall be filed electronically within seven days of the filing of the sealed document.

any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Chief Judge Colm F. Connolly

CRITICALCivil cases

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before - - - - -

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before - - - - -

Chief Judge Colm F. Connolly

CRITICALCivil cases

In covered diversity cases, the party must file the Certification of Diversity Jurisdiction within 14 days of initiating the case in this Court.

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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The funding statement is due by the later of 45 days after the Order or 30 days after an initial pleading is filed or the matter is transferred to the District, including removal of a state action.

Within the later of 45 days of this Order or 30 days of the filing of an initial pleading or transfer of the matter to this District, including the removal of a state action

Chief Judge Colm F. Connolly

CRITICALCivil cases

Reply briefs on Rule 56 motions are due by the date three months before the pretrial conference.

Reply briefs for any motions under Rule 56 shall be due on or before _ _ _ _ _ _ _ [three months before the pretrial conference].

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Reply expert report

The party with the initial burden must serve reply expert reports by the date left blank in the schedule.

Reply expert reports from the party with the initial burden of proof are due on or before

Chief Judge Colm F. Connolly

CRITICALCivil cases

A request for prior Court approval to present testimony must be submitted by joint letter no later than the date answering claim-construction briefs are due to be served.

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)

Chief Judge Colm F. Connolly

CRITICALCivil cases

Deadline
48 hours

An opposing party may file its opposition letter no later than 48 hours before the conference or argument.

(b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.

Chief Judge Colm F. Connolly

CRITICALCivil cases

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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief no later than four weeks before the claim-construction hearing.

No later than - - - - - - - [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief.

Chief Judge Colm F. Connolly

CRITICALCivil cases

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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Initial expert disclosure

The party with the initial burden must serve its initial expert disclosure by the date left blank in the schedule.

For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The Joint Claim Construction Chart must be filed 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 ____.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)'s timeframes for preparing the joint 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 proposed joint final pretrial order.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Deadline
48 hours

An opposition letter may be filed no later than 48 hours before the conference or argument.

By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.

Chief Judge Colm F. Connolly

CRITICALCivil cases

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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Unless the parties agree otherwise, the parties must make their 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 required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by a deadline that is left blank in the order.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Daubert-based objections to expert testimony must be made by the deadline for dispositive motions, 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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Deadline
72 hours

Unless otherwise ordered, the party seeking relief must file its dispute letter no later than 72 hours before the conference or argument.

(a) Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the

Chief Judge Colm F. Connolly

CRITICALCivil cases

Each party must file a Motion for Claim Construction concurrently with the Joint Claim Construction Chart.

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.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Motion

A Daubert-based objection to expert testimony must be made by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otheiwise ordered by the Court.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Unless the parties agree otherwise, Invalidity Contentions are due within 30 days after the Order.

Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party alleging that a claim of a patent is invalid or not enforceable shall serve on all parties its "Invalidity Contentions," which shall contain the following information:

Chief Judge Colm F. Connolly

CRITICALCivil cases

A redacted version of a sealed document must be filed within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Expert deposition

Expert depositions must be completed by the date left blank in the schedule.

Depositions of experts shall be completed on or before _ _ _ _ _ __

Chief Judge Colm F. Connolly

CRITICALCivil cases

Deadline
72 hours

Unless the Court orders otherwise, the dispute letter must be filed no later than 72 hours before the conference or argument.

Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief by the deadline left blank in the order.

No later than __________, the parties shall file a Joint Claim Construction Brief.

Chief Judge Colm F. Connolly

CRITICALCivil cases

The parties must exchange the claim-construction list 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).

Chief Judge Colm F. Connolly

CRITICALCivil cases

Unless the parties agree otherwise, initial disclosures under Rule 26(a)(1) must be made within five days 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)(l) within five days of the date of this Order.

Chief Judge Colm F. Connolly

CRITICALCivil cases

Applies to
Supplemental expert disclosure

The supplemental expert disclosure to contradict or rebut another party’s evidence is due by the date left blank in the schedule.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _.

Chief Judge Colm F. Connolly

CRITICALCivil cases

A party opposing a compliant motion to amend must file a responsive letter within seven days after the motion is filed.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Judge Gregory B. Williams

CRITICALCriminal cases

Deadline
21 calendar days

Unless a case-specific Court Order sets a response timetable, the United States must respond to a Defendant’s pretrial motion within 21 calendar days after it is filed.

Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant's motion was filed;

Judge Gregory B. Williams

CRITICALCivil cases

The redacted version of a sealed document must be electronically filed within seven days of filing the sealed document.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Judge Gregory B. Williams

CRITICALCivil cases

The redacted version of a sealed document must be filed within seven days after the sealed document is filed.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Judge Gregory B. Williams

CRITICALCivil cases

A Daubert objection must be made by motion within 14 days after expert discovery closes, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen (14) days after the close of expert discovery, unless otherwise ordered by the Court.

Judge Gregory B. Williams

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order, which is blank in this template.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before .

Judge Gregory B. Williams

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the stated deadline, which is blank in the document.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before .

Judge Gregory B. Williams

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the case-dispositive-motion deadline without Court leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must jointly submit a proposed judgment order within seven days after a jury returns a verdict in any portion of the trial.

Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must file the revised proposed final jury instructions and verdict sheet before the charge conference.

Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.

Judge Gregory B. Williams

CRITICALCivil cases

Counsel should submit the proposed protective order to the Court within ten days after the Court enters the Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Judge Gregory B. Williams

CRITICALCivil cases

The joint technology tutorial is due no later than the date the Joint Claim Construction Chart is due, unless the Court orders otherwise.

Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must prepare and file a Joint Claim Construction Chart by the date specified in the schedule.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than .

Judge Gregory B. Williams

CRITICALCivil cases

The joint letter notifying the Court of the parties’ hearing requests is due no later than the date the answering claim construction briefs are due.

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Judge Gregory B. Williams

CRITICALCivil cases

Deadline
48 hours

The party seeking discovery relief must file its letter on the date set by separate order, generally at least 48 hours before the conference.

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

Judge Gregory B. Williams

CRITICALCivil cases

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].

Judge Gregory B. Williams

CRITICALCivil cases

A Daubert objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must file the joint proposed final pretrial order no later than seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.

Judge Gregory B. Williams

CRITICALCivil cases

Deadline
7 business days

In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms seven business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven (7) business days before the final pretrial conference.

Judge Gregory B. Williams

CRITICALCivil cases

The joint letter notifying the Court of testimony requests and requested hearing time is due no later than the date answering claim-construction briefs are due.

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Judge Gregory B. Williams

CRITICALCivil cases

The joint status report is due at the same time as the judgment order.

At the same time, the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief by the date specified in the schedule.

No later than , the parties shall file a Joint Claim Construction Brief.

Judge Gregory B. Williams

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must file a joint proposed final pretrial order no later than seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.

Judge Gregory B. Williams

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief no later than the date to be supplied.

No later than __________, 20___, the parties shall file a Joint Claim Construction Brief.

Judge Jennifer L. Hall

CRITICALCivil cases

The motion for sealing or redaction must be filed promptly after the transcript is completed.

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Judge Jennifer L. Hall

CRITICALCivil cases

The moving party must file its discovery-dispute letter on the court-ordered date, generally at least 72 hours before the conference.

On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues.

Judge Jennifer L. Hall

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified date without leave of court.

No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].

Judge Jennifer L. Hall

CRITICALCivil cases

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed two weeks prior to service of the opening claim construction brief.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed two weeks prior to service of the opening claim construction brief.

Judge Jennifer L. Hall

CRITICALCivil cases

Deadline
72 hours

The moving party must file on the date set by court order, generally at least 72 hours before the discovery telephone conference, excluding weekends and holidays.

The Court will thereafter order a discovery telephone conference and deadlines for submissions. On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file

Judge Jennifer L. Hall

CRITICALCivil cases

In non-ANDA cases, a Daubert objection must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise, and the motion is subject to the page limits for case-dispositive-motion briefing.

[For non-ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions.

Judge Jennifer L. Hall

CRITICALCivil cases

submit it to the Court within ten days from the date the Court enters this Order.

submit it to the Court within ten days from the date the Court enters this Order.

Judge Jennifer L. Hall

CRITICALCivil cases

Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the final pretrial conference.

Judge Jennifer L. Hall

CRITICALCivil cases

The parties must file proposed voir dire, preliminary and final jury instructions, and special verdict forms at least seven days before the final pretrial conference.

At least seven (7) days before the final pretrial conference, the parties shall file proposed voir dire, preliminary jury instructions, final jury instructions and special verdict forms pursuant to Local Rules 47.1(a)(2) and 51.1.

Judge Jennifer L. Hall

CRITICALCivil cases

Counsel must submit the interim status letter on the date specified in the scheduling order.

On __________, 20___, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.

Judge Jennifer L. Hall

CRITICALCivil cases

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Judge Jennifer L. Hall

CRITICALCivil cases

Case-dispositive motions, opening briefs, and supporting affidavits must be filed by the specified date, which is set so briefing finishes approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before __________, 20___ [calculated so that briefing is completed approximately four months prior to the pretrial conference].

Judge Jennifer L. Hall

CRITICALCivil cases

An objection to expert testimony under Daubert must be made by motion no later than the case-dispositive-motion deadline unless the Court orders otherwise.

To the extent that any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified filing date without leave of court.

No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

The party seeking relief must file its dispute letter on the court-ordered date, generally at least 72 hours before the conference, excluding weekends and holidays.

On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues.

Judge Jennifer L. Hall

CRITICALCivil cases

Case-dispositive motions, their opening briefs, and supporting affidavits must be served and filed by the specified date, calculated so briefing finishes approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before __________, 20___ [calculated so that briefing is completed approximately four months prior to the pretrial conference].

Judge Jennifer L. Hall

CRITICALCivil cases

The parties must file a joint proposed final pretrial order complying with Local Rule 16.3(c) no later than seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.

Judge Jennifer L. Hall

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Judge Jennifer L. Hall

CRITICALCivil cases

Unless the parties agree otherwise, initial disclosures are due within five days after the Court enters the Order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date this Order is entered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

A motion to seal or redact a transcript must be filed promptly after the transcript is completed.

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction,

Judge Jennifer L. Hall

CRITICALCivil cases

The parties must jointly submit a proposed judgment order within seven days after a jury returns a verdict in any portion of a jury trial.

Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict.

Judge Jennifer L. Hall

CRITICALCivil cases

Unless the parties agree otherwise, they must make initial disclosures within five days after the Court enters the Order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.

Judge Jennifer L. Hall

CRITICALCivil cases

The redacted version of a sealed document is due within seven days after the sealed document is filed.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document must be filed electronically within seven (7) days of the filing of the sealed document.

Judge Jennifer L. Hall

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order, which is left blank in this template.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________, 20___.

Judge Jennifer L. Hall

CRITICALCivil cases

A party asserting a patent must file a Notice of IPR/PGR Event within seven days of any listed IPR/PGR action concerning that patent.

Any party asserting a patent must file a “Notice of IPR/PGR Event” within seven days of any of the following actions taken on that patent: petition for inter partes review/post grant review (regardless of whether a party filed the petition), institution decision, final written decision, appeal to the Federal Circuit, Federal Circuit decision.

Judge Jennifer L. Hall

CRITICALCivil cases

A Daubert-based objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

An opposing party may file its discovery-dispute letter on the court-ordered date, generally at least 48 hours before the conference.

On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.

Judge Jennifer L. Hall

CRITICALCivil cases

The redacted version of a sealed document is due within seven days after the sealed document is filed.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Judge Jennifer L. Hall

CRITICALCivil cases

The parties must file a joint proposed final pretrial order no later than seven days before the pretrial conference and comply with the cited rules.

Not later than seven (7) days before the pretrial conference, the parties shall file a joint proposed final pretrial order in compliance with Federal Rule of Civil Procedure 26(a)(3) and Local Rule 16.3(c) & (d)(4).

Judge Jennifer L. Hall

CRITICALCivil cases

In ANDA cases, a Daubert objection must be raised by motion no later than 14 days after expert discovery closes, unless the Court orders otherwise; briefing follows the Court’s Local Rules.

[For ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local Rules.

Judge Jennifer L. Hall

CRITICALCivil cases

Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after the Court enters the Order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.

Judge Jennifer L. Hall

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline without leave of Court.

No case dispositive motion under Federal Rule of Civil Procedure 56 may be filed more than ten (10) days before the above date without leave of the Court.

Judge Jennifer L. Hall

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________, 20___.

Judge Jennifer L. Hall

CRITICALCivil cases

Delaware and Lead counsel must meet and confer and file an amended claim-construction chart within the stated window of three weeks to one week before the hearing.

No earlier than __________________, 20__ [no earlier than three weeks before the claim construction hearing and no later than one week before the claim construction hearing], Delaware and Lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and confer and file an amended Joint Claim Construction Chart that sets forth all agreed-upon constructions and all terms that remain in dispute.

Judge Jennifer L. Hall

CRITICALCivil cases

The parties’ final supplementation is due by the date specified in the scheduling order unless the parties agree and the Court approves otherwise.

Absent agreement among the parties, and approval of the Court, no later than _______________, 20___, the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.

Judge Jennifer L. Hall

CRITICALCivil cases

The redacted version of a sealed document is due within seven days after the sealed document is filed.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Judge Jennifer L. Hall

CRITICALCivil cases

The parties must file the joint proposed final pretrial order no later than seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.

Judge Jennifer L. Hall

CRITICALCivil cases

By the date their joint claim-construction brief is filed, the parties must jointly notify the Court whether they seek to present testimony and how much hearing time they request.

The parties shall notify the Court, by joint letter submission, no later than the date on which their Joint Claim Construction brief is filed (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Judge Jennifer L. Hall

CRITICALCivil cases

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [DATE] [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [DATE] [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing].

Judge Jennifer L. Hall

CRITICALCivil cases

Deadline
7 business days

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.

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.

Judge Maryellen Noreika

CRITICALCivil cases

Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.

Judge Maryellen Noreika

CRITICALCivil cases

Proposed voir dire, jury instructions, and special verdict forms must be filed 7 calendar days before the Pretrial Conference.

The proposed voir dire, preliminary jury instructions, final jury instructions, and special verdict forms must be filed seven (7) days before the Pretrial Conference;

Judge Maryellen Noreika

CRITICALCivil cases

Within 7 days after jury verdict, parties must jointly submit a form of judgment and a joint status report.

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. 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.

Judge Maryellen Noreika

CRITICALCivil cases

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Judge Maryellen Noreika

CRITICALCivil cases

Rule 56 motions cannot be filed more than 10 days before the dispositive motion deadline without court leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Judge Maryellen Noreika

CRITICALCivil cases

Redacted version of sealed document must be filed electronically within 7 days of filing sealed document.

a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Judge Maryellen Noreika

CRITICALCivil cases

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served and filed by the specified date, approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ [a date approximately four months prior to the pretrial conference].

Magistrate Judge Christopher J. Burke

CRITICAL

The website request for WiFi authorization must be submitted no later than five business days before the scheduled mediation conference.

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Deadline
3 business days

three (3) full business days before the final pretrial conference.

three (3) full business days before the final pretrial conference.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

The parties must file the judgment order within seven days after the verdict and file the joint status report at the same time.

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. 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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

The joint letter notifying the Court about the claim-construction hearing must be filed no later than the Joint Claim Construction Brief due date.

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

In ANDA cases, a motion objecting to expert testimony under Daubert must be made no later than fourteen days after expert discovery closes, unless the Court orders otherwise.

[For ANDA cases] 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 fourteen days after the close of expert discovery, unless otherwise ordered by the Court.

Magistrate Judge Christopher J. Burke

CRITICAL

A separate written request for representatives to use electronic devices contrary to the Standing Order is due no later than the mediation-statement due date.

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).

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

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.]

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.]

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

A party choosing to seek transcript sealing or redaction must promptly file a motion after the transcript is completed; 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

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than 10 days before the specified deadline without Court leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Applies to
Motion for sealing/redaction of transcript

A motion to seal or redact a transcript must be filed promptly after the transcript is completed.

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

The redacted version must be filed within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Objections to a Magistrate Judge’s decision are due within 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Magistrate Judge Christopher J. Burke

CRITICAL

Objections to a Magistrate Judge’s decision are due within 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Magistrate Judge Christopher J. Burke

CRITICAL

Counsel must submit the participant list to the opposing party or parties no later than the date mediation statements are due.

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

In non-ANDA cases, case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served and filed by the date specified.

[For non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ . Briefing will be presented pursuant to the Court’s Local Rules, as modified by this Order.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

The completed exhibit list must be delivered 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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Deadline
3 business days

For jury trials, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms three full business days before the final pretrial conference.

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 three (3) full business days before the final pretrial conference.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

An objection to expert testimony under Daubert and Evidence Rule 702 must be made by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow 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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline unless the Court grants leave.

No early motions without leave. No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

A comment on an opposing party's tutorial must be filed no later than seven days after the Joint Claim Construction Brief is due.

Any such comment shall be filed no later than seven days after the Joint Claim Construction Brief is due.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

In non-ANDA cases, a motion objecting to expert testimony under Daubert must be made by the dispositive-motion deadline, unless the Court orders otherwise.

[For non-ANDA cases] 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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

The interim status report joint letter is due on the date specified in the order, which is left blank in this text.

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.

Magistrate Judge Christopher J. Burke

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website (www.ded.uscourts.gov), on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.]

Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website (www.ded.uscourts.gov), on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.]

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before ___________, 202_.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Each party must file its Motion for Claim Construction at the same time as the Joint Claim Construction Brief.

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Unless the parties agree otherwise, they must make their 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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Deadline
2 calendar days

When deposition objections remain unresolved, the party calling the witness must submit materials on behalf of all parties at least two calendar days before the witness is called at trial.

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:

Magistrate Judge Christopher J. Burke

CRITICAL

Counsel must provide the separate contact-information writing no later than the date mediation statements are due.

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.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Applies to
Redacted version of sealed document

A redacted version of a sealed document must be filed within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Magistrate Judge Christopher J. Burke

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The redacted version of a sealed document is due within seven days after the sealed document is filed.

In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

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.

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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Counsel must file the joint interim status report on 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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The parties must file a joint proposed final pretrial order complying with Local Rule 16.3(c) and the Court's civil-case procedures at least seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures for Civil Cases not later than seven days before the pretrial conference.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

If counsel seeks a protective order and agrees on its form, counsel should submit the proposed order within ten days after entry of the Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

A Daubert objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date to be specified in the Order.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ________, 202_.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

A party seeking sealing or redaction of a transcript must promptly file a motion after transcript completion with a highlighted complete transcript and a proposed redacted or sealed transcript 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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date to be specified in the Order.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ________, 202_.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline without Court leave.

No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief by the specified date.

No later than ________, 202_, the parties shall file a Joint Claim Construction Brief.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Technology tutorials must be submitted no later than the date the Joint Claim Construction Brief is filed.

Technology tutorials shall be submitted on or before the date that the Joint Claim Construction Brief is filed.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

In non-ANDA cases, case-dispositive motions, opening briefs, and supporting affidavits must be filed by the specified date, approximately four months before the pretrial conference.

[Non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before __________, 202_ [a date approximately 4 months prior to the pretrial conference, calculated from the filing of the reply brief].

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The joint claim-construction letter is due no later than the Joint Claim Construction Brief due date.

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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served and filed by the specified date.

All case dispositive motions, opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ________, 2020_ [calculated so that briefing is completed approximately four months prior to the pretrial conference].

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

In ANDA cases, a Daubert objection must be raised by motion no later than 14 days after expert discovery closes unless the Court orders otherwise.

[For ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen days after the close of expert discovery, unless otherwise ordered by the Court.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Counsel must file the interim status letter on 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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The parties must complete final supplementation by the date specified in the order unless they agree otherwise and obtain Court approval.

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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The parties must file the joint proposed final pretrial order no later than seven days before the pretrial conference.

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The Joint Claim Construction Chart must be submitted two weeks before service of the opening claim-construction brief.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

An opposing party may file a letter stating its reasons for opposition on the court-ordered date, generally at least 48 hours before the conference, excluding weekends and holidays.

On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The parties must jointly file the judgment order within seven days after the verdict and file the joint status report at the same time.

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. 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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

A motion to seal or redact a transcript must be filed promptly after the transcript is completed.

Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, 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.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Counsel should submit the proposed protective order to the Court within ten days after the Court enters the Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Deadline
72 hours

The party seeking relief must file its dispute letter on the court-ordered date, generally at least 72 hours before the conference, excluding weekends and holidays.

On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

The redacted version must be filed within seven days after the sealed document is filed.

In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

In non-ANDA cases, a Daubert objection must be raised by motion no later than the dispositive-motion deadline unless the Court orders otherwise.

[For non-ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after entry 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 days of the date the Court enters this Order.

Magistrate Judge Laura D. Hatcher

CRITICALCivil cases

Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference and 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].

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

the parties should f ile joint proposed (i) voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms at least three (3) days, excluding weekends and Court holidays, before the pretrial conference.

the parties should f ile joint proposed (i) voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms at least three (3) days, excluding weekends and Court holidays, before the pretrial conference.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Deadline
48 hours

Opposing party's discovery teleconference letter must be filed at least 48 hours before the conference, excluding weekends and court holidays.

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

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Redacted version of sealed document must be filed within 7 days after filing of original sealed document.

a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document.

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Case dispositive motions must be filed by a date that ensures briefing is completed no later than four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 20__ [calculated so that briefing is completed no later than four months prior to the pretrial conference].

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Deadline
72 hours

Moving party's discovery teleconference letter must be filed at least 72 hours before the conference, excluding weekends and court holidays.

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

Magistrate Judge Mary Pat Thynge

CRITICALCivil cases

Deadline
72 hours

The party seeking discovery relief must file its letter on the Court-set date, generally at least 72 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Objections to a Magistrate Judge’s dispositive or non-dispositive decision are due 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Case-dispositive motions, supporting opening briefs, and supporting affidavits must be served and filed by the date specified approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Discovery must be initiated in time to be completed by the date entered in the schedule.

All discovery in this case shall be initiated so that it will be completed on or before , 202 .

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
3 business days

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.

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.

Magistrate Judge Sherry R. Fallon

CRITICAL

Objections to a Magistrate Judge’s dispositive or non-dispositive decision are due within 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The redacted version must be filed within seven days after the sealed document is filed.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The joint proposed final pretrial order must be filed by the date seven days before the Pretrial Conference specified in the order.

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__.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The party with the initial burden of proof must serve its initial expert disclosure by the date entered in the schedule.

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before , 202 .

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the stated deadline without leave of Court.

No case-dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
48 hours

An opposing party may file its letter on the Court-set date, generally at least 48 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) time frames when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the time frames set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
3 business days

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.

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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The parties must file the Joint Claim Construction Brief by the date specified in the order.

No later than __________, the parties shall file a Joint Claim Construction Brief.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The joint letter addressing whether the parties request a claim-construction hearing is due no later than the Joint Claim Construction Brief deadline.

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

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Reply expert reports from the party with the initial burden of proof are due by the date entered in the schedule.

Reply expert reports from the party with the initial burden of proof are due on or before , 202 .

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The motion must be made by the deadline for dispositive motions unless the Court orders otherwise.

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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The joint proposed final pretrial order is due on or before seven days before the pretrial conference.

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__.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

A Daubert-based objection to expert testimony must be made by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow 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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Unless the parties agree otherwise, initial disclosures are due within five days of the date 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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
48 hours

An opposing party may file its letter on the Court-set date, generally at least 48 hours before the conference excluding weekends and holidays.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

A Daubert-based objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow 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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the blank.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The joint interim report is due on the date specified in the order, which is left blank in this text.

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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The parties must file a joint proposed final pretrial order containing the information required by the accompanying form no later than the specified date seven days before the pretrial conference.

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 .

Magistrate Judge Sherry R. Fallon

CRITICAL

The separate letter requesting permission to bring electronic equipment is due no later than the date mediation statements are due.

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).

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The redacted version of a sealed document is due within seven days of filing the sealed document.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Magistrate Judge Sherry R. Fallon

CRITICAL

The deadline for an attendance-modification request is no later than 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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.

Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)–(3) for the preparation of the joint proposed final pretrial order.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Deadline
72 hours

The party seeking relief must file its letter on the Court-set date, generally at least 72 hours before the conference excluding weekends and holidays.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The parties must exchange the claim-term list and proposed constructions on or before the date specified in the order.

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).

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The Joint Claim Construction Chart must be filed by the date specified 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 _________, 20__.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The supplemental expert disclosure to contradict or rebut another party’s evidence is due by the date entered in the schedule.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before , 202 .

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Case-dispositive motions, opening briefs, and supporting affidavits must be filed by the date specified, approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference].

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

The redacted version must be filed within seven days after the sealed document is filed.

In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after 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.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

Case-dispositive motions, opening briefs, and supporting affidavits, if any, must be filed by the date specified in the order.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before , 202 .

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline without leave of Court.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Magistrate Judge Sherry R. Fallon

CRITICALCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline unless the court grants leave.

No case-dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Magistrate Judge Sherry R. Fallon

CRITICAL

Responses to sentencing motions must be filed at least three days before the scheduled sentencing date.

Responses to any sentencing motions must be filed at least three days prior to the scheduled sentencing date.

Visiting Joshua D. Wolson

CRITICAL

Rebuttal expert witness testimony must be disclosed 28 days after receipt of opening expert reports.

Disclosure of rebuttal expert 28 days after receipt of witness testimony opening expert reports

Visiting Joshua D. Wolson

CRITICAL

Final validity contentions are due 21 days after receipt of final invalidity contentions.

Final validity contentions 21 days after receipt of final invalidity contentions

Visiting Joshua D. Wolson

CRITICAL

Deadline
3 business days

The Government must submit its guilty plea memorandum at least three business days before the change-of-plea hearing.

The Government must submit a guilty plea memorandum at least three business days prior to a change of plea hearing.

Visiting Joshua D. Wolson

CRITICAL

The Government must file a pre-trial memorandum at least seven days before trial covering the elements, intended facts and witnesses, expected 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.

Visiting Joshua D. Wolson

CRITICAL

Each party must file its sentencing memorandum no later than seven days before the scheduled sentencing date.

Each party must file its sentencing memorandum no later than seven days prior to the scheduled sentencing date.

Visiting Joshua D. Wolson

CRITICAL

Dispositive motions 42 days after close of discovery

Dispositive motions 42 days after close of discovery

Visiting Joshua D. Wolson

CRITICAL

In removed cases, the deadline is extended by seven days when the parties submit a premotion letter.

For cases removed to this Court, the due date is extended by seven days if the parties are submitting a premotion letter.

Visiting Joshua D. Wolson

CRITICAL

Replies and sur-replies must be filed as soon as practicable and no later than seven days after the previous filing.

Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven days after the previous filing.

Visiting Joshua D. Wolson

CRITICAL

Final invalidity and unenforceability contentions, with any invalidating references, are due 21 days after receipt of final infringement contentions.

Final invalidity and 21 days after receipt of final unenforceability contentions infringement contentions

Visiting Joshua D. Wolson

CRITICAL

Discovery closes 42 days after receipt of rebuttal expert reports.

Close of discovery 42 days after receipt of rebuttal expert reports

Visiting Joshua D. Wolson

CRITICAL

The parties are expected to meet and confer as soon as practicable to set aside deposition dates before discovery closes; if they have not done so, the Court will order them to do so within two weeks of the Rule 16 conference.

Judge Wolson expects the Parties to meet and confer as soon as practicable to set aside dates to hold open for depositions before the close of discovery. If the Parties have not already done so, the Court will order the Parties to do so within two weeks of the Rule 16 conference.

Visiting Joshua D. Wolson

CRITICAL

Sentencing motions, including departure motions, and supporting memoranda must be filed at least seven days before sentencing.

Sentencing motions, including for departures under U.S.S.G. § 5.K1.1 and supporting memoranda must be filed at least seven days prior to the scheduled sentencing date.

Visiting Joshua D. Wolson

CRITICAL

Final infringement contentions are due 21 days after issuance of the claim construction order.

Final infringement 21 days after issuance of contentions claim construction order

Visiting Joshua D. Wolson

CRITICAL

The joint Rule 26(f) status report is due at least seven days before the Rule 16 conference.

A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven days prior to the Rule 16 conference.

Visiting Joshua D. Wolson

CRITICAL

After the Court grants the additional continuance, the joint status update is due every 45 days until the sentencing hearing.

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.

Visiting Joshua D. Wolson

CRITICAL

A request to exceed a page limit must be received at least seven days before the filing is due.

Judge Wolson must receive any request to exceed an applicable page limit at least seven days before the filing is due.

Visiting Joshua D. Wolson

CRITICAL

Lay and expert witness testimony must be disclosed 49 days after issuance of the claim construction order.

Disclosure of any lay and 49 days after issuance of expert witness testimony claim construction order

Visiting Joshua D. Wolson

CRITICAL

A pro hac vice lawyer must register for CM/ECF within seven days of the order.

Any lawyer admitted pro hac vice must register for the Court’s CM/ECF system within seven days of the Order.

Visiting Joshua D. Wolson

CRITICAL

Responses to dispositive motions are due 28 days after submission of the dispositive motions.

Responses to dispositive 28 days after submission of motions dispositive motions

Visiting Joshua D. Wolson

CRITICAL

twenty-four hours of filing, noticing their intent to file a response of three pages or less within forty-eight hours of the motion filing.

twenty-four hours of filing, noticing their intent to file a response of three pages or less within forty-eight hours of the motion filing.

Visiting Mark A. Kearney

CRITICAL

The required equipment-identification letter must be submitted 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.

Visiting Mark A. Kearney

CRITICAL

Deadline
1 business days

Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.

Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.

Visiting Mark A. Kearney

CRITICAL

The parties must file a comprehensive joint Rule 26(f) report at least one day before the initial pretrial conference, 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

Visiting Mark A. Kearney

CRITICAL

After a demand for trial de novo from an arbitration award, the Court will schedule trial within sixty days of the appeal, on the earliest date available.

Upon demand for trial de novo from an arbitration award, Judge Kearney will issue a Scheduling Order setting the date for trial to occur within sixty days of the appeal at the earliest date available to the Court.

Visiting Mark A. Kearney

CRITICAL

Unless the Court orders otherwise, a response may be filed within three days.

Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.

Visiting Mark A. Kearney

CRITICAL

Applies to
Guilty plea memorandum

The United States must submit its guilty plea memorandum at least two days before the change-of-plea hearing.

The United States must submit a guilty plea memorandum at least two days prior to the change of plea hearing.

Visiting Mark A. Kearney

CRITICAL

Applies to
Trial memorandum

The United States must file a trial memorandum at least one week before trial.

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.

Visiting Mark A. Kearney

CRITICAL

A response due on a weekend or federal holiday is due by noon EST on the next succeeding business day.

A response due on a weekend or federal holiday is due by Noon EST on the next succeeding business day.

Visiting Mark A. Kearney

CRITICAL

The specified pretrial-conference issues must be submitted at least seven days before the conference.

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.

Visiting Mark A. Kearney

CRITICAL

A party filing a post-trial motion must order the required transcript and pay the reporter’s deposit within fourteen days, unless the Court excuses the requirement for good cause.

A party seeking to challenge trial and pretrial rulings through a timely post-trial motion must strictly comply with Federal Rules of Civil and Criminal Procedure 59 and 60 and with Local Rule 7.1(e) requiring ordering and paying a deposit for the trial transcript required by the court reporter within fourteen days of filing any post-trial motion unless Judge Kearney excuses this requirement for good cause.

Visiting Mark A. Kearney

CRITICAL

Applies to
Sentencing motion and supporting memorandum

Sentencing motions and supporting memoranda must be filed at least seven days before sentencing, and responses at least three days before sentencing.

Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Visiting Mark A. Kearney

CRITICAL

Unless a specific order provides otherwise, proposed voir dire questions must be submitted seven days before jury selection.

Absent specific Order, counsel shall submit and serve proposed voir dire questions seven days before jury selection.

Visiting Mark A. Kearney

CRITICAL

All pretrial motions, including the listed motion types, must be filed by the deadlines entered in the case.

All pretrial motions – including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising any dispositive matters – must be filed in accordance with the deadlines entered in the case.

Visiting Mark A. Kearney

CRITICAL

Applies to
Sentencing memorandum

Sentencing memoranda, excluding motions, must be filed by both sides no later than seven days before sentencing.

Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date.

Visiting Mark A. Kearney

CRITICAL

A reply must be filed and served within seven days of the Opposition to proceed without leave.

Reply briefs, without a proposed order, are permitted without our leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition.

Visiting Mark A. Kearney

CRITICAL

A non-party response due on a weekend or federal holiday is due by noon EST on the next succeeding business day.

A response from a non-party due on a weekend or federal holiday is due by Noon EST on the next succeeding business day.

Visiting Mark A. Kearney

CRITICALCivil cases

Pre-motion letter tolls motion/answer deadline until conference or Court decision; if no conference, additional 7 days after Rule 12(a) deadline.

A party's submission of a pre-motion letter will toll that party's time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court's decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.

Visiting Stephanos Bibas

WARNING

Deadline
2 hours

Movant’s counsel should endeavor to provide the Court clean and redline revised orders at least two hours before the hearing.

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.

Bankruptcy J. Kate Stickles

WARNINGProposed or draft document; may not be in force

Such a hearing is typically set at least ten days after the letter is filed, unless an emergency warrants shorter notice.

Absent an emergency that would warrant shorter notice, such a hearing will typically be set no less than ten days after the filing of the letter.

Bankruptcy Thomas M. Horan

WARNING

Deadline
1 hours

Where possible, the proposed-order redline should be submitted 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.

Bankruptcy Thomas M. Horan

WARNING

Counsel should file the amended agenda promptly after a hearing is cancelled or changed.

If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.

Bankruptcy Thomas M. Horan

WARNINGCivil cases

A Rule 56 case-dispositive motion may not be filed more than ten days before the dispositive-motion deadline without leave of the Court.

No case dispositive motion under Rule 56 may be filed more than ten days before this date without leave of the Court.

Chief Judge Colm F. Connolly

WARNINGCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the stated deadline, which appears as a blank in the source.

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before - - - - - -

Chief Judge Colm F. Connolly

WARNINGCivil cases

The Joint Claim Construction Chart must be filed by the stated deadline, which is blank in this excerpt.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _ _ _ _ _.

Chief Judge Colm F. Connolly

WARNINGCivil cases

The parties must exchange their proposed claim-construction terms and constructions by the stated deadline.

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).

Chief Judge Colm F. Connolly

WARNINGCivil cases

Applies to
Supplemental expert disclosure

The supplemental disclosure contradicting or rebutting another party’s evidence on the same matter is due by the date left blank in the order.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _.

Chief Judge Colm F. Connolly

WARNINGCivil cases

Applies to
Initial expert disclosure

The initial Rule 26(a)(2) expert disclosure for the party bearing the initial burden is due by the date left blank in the order.

For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _.

Chief Judge Colm F. Connolly

WARNINGCivil cases

Applies to
Reply expert report

Reply expert reports from the party with the initial burden are due by the date left blank in the order.

Reply expert reports from the party with the initial burden of proof are due on or before _ _ _ _ _ _ _.

Chief Judge Colm F. Connolly

WARNINGCivil cases

Deadline
24 hours

An opposing party may file its opposition letter on the date set by separate order, generally at least 24 hours before the conference.

On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Judge Gregory B. Williams

WARNINGCivil cases

Reply expert reports from the party with the initial burden of proof are due by the date specified in the schedule, which is blank in the provided text.

Reply expert reports from the party with the initial burden of proof are due on or before .

Judge Gregory B. Williams

WARNINGCivil cases

Expert discovery must be initiated in time to be completed by the cutoff date, which is blank in the provided text.

All expert discovery in this case shall be initiated so that it will be completed on or before .

Judge Gregory B. Williams

WARNINGCivil cases

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Judge Gregory B. Williams

WARNINGCivil cases

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.

Judge Jennifer L. Hall

WARNINGCivil cases

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date the Court enters this Order.

Judge Jennifer L. Hall

WARNINGCivil cases

Reply expert reports from the party with the initial burden of proof are due by a date left blank in the document.

Reply expert reports from the party with the initial burden of proof are due on or before __________, 20___.

Judge Jennifer L. Hall

WARNINGCivil cases

Technology tutorials are optional, but any tutorial a party chooses to file must be submitted no later than the Joint Claim Construction Brief filing date.

Although technology tutorials are not required by the Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed.

Judge Jennifer L. Hall

WARNINGCivil cases

The party with the initial burden of proof must make its initial Rule 26(a)(2) expert disclosure by a date left blank in the document.

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before __________, 20___.

Judge Jennifer L. Hall

WARNINGCivil cases

An opposing party may file its opposition letter on the court-ordered date, generally at least 48 hours before the conference, excluding weekends and holidays.

On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.

Judge Jennifer L. Hall

WARNINGCivil cases

The supplemental disclosure to contradict or rebut another party’s evidence is due by a date left blank in the document.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before __________, 20___.

Judge Jennifer L. Hall

WARNINGCivil cases

The parties may (though they are not required to) provide the Court, no later than the date on which the Joint Claim Construction Brief is due, with a tutorial on the technology at issue.

The parties may (though they are not required to) provide the Court, no later than the date on which the Joint Claim Construction Brief is due, with a tutorial on the technology at issue.

Magistrate Judge Christopher J. Burke

WARNINGCivil cases

Applies to
Motion to join parties or amend or supplement pleadings

Motions to join parties or amend or supplement pleadings must be filed by the date left blank in the order.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before ___________, 202_.

Magistrate Judge Christopher J. Burke

WARNINGCivil cases

A Rule 56 motion may not be filed more than ten days before the case-dispositive-motion date unless the Court grants leave.

No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Magistrate Judge Laura D. Hatcher

WARNINGCivil cases

In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms seven days before the 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 pretrial conference.

Magistrate Judge Laura D. Hatcher

WARNINGCivil cases

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.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

The proposed protective order should be submitted 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.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date to be completed in the Order.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

The initial-burden party’s reply expert reports are due by the date left blank in the order.

Reply expert reports from the party with the initial burden of proof are due on or before ________.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

The supplemental expert disclosure is due by the date left blank in the order.

The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

Deadline
3 business days

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.

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.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

The initial-burden party’s initial expert disclosure is due by the date left blank in the order.

For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__.

Magistrate Judge Sherry R. Fallon

WARNINGCivil cases

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order, but the date is blank in this text.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before , 202 .

Magistrate Judge Sherry R. Fallon

WARNING

In other habeas matters, the relevant Government agency is expected to respond to motions or objections within 14 days, unless the Court orders an extension.

Instead, Judge Wolson expects the relevant Government agency (whether a County, the Commonwealth, the United States, or otherwise) to respond to motions or objections within 14 days, absent a Court-ordered extension.

Visiting Joshua D. Wolson

WARNING

If the Parties agreed to a different ESI protocol, they should submit the stipulation to the Court before the Rule 16 conference.

If so, the Parties should submit the stipulation to the Court in advance of the Rule 16 conference.

Visiting Joshua D. Wolson

WARNING

Motions for pro hac vice admission should be made as soon as possible.

Motions for pro hac vice admission should be made as soon as possible

Visiting Mark A. Kearney

WARNING

Counsel may request an electronic courtroom at least two weeks before trial.

Counsel may request use of an electronic courtroom no less than two weeks before trial.

Visiting Mark A. Kearney

WARNING

For good cause based on the need for a transcript to brief post-trial issues, the Court may allow the supporting memorandum to be filed within thirty days after receipt of the transcript.

Upon showing good cause based on a need for the transcript to brief the post-trial issues, Judge Kearney may allow the movant to file the memorandum in support of post-trial relief within thirty days of the receipt of the transcript.

Visiting Mark A. Kearney

WARNING

A non-party served with a motion may respond within three days of service unless the Court orders otherwise.

Non-parties served with motions may respond within three days of service, unless otherwise ordered.

Visiting Mark A. Kearney

INFOProposed or draft document; may not be in force

Deadline
1 hours

When parties agree to changes to a proposed order before a hearing, they are encouraged, where possible, to submit a redline one hour before the hearing begins.

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.

Bankruptcy Thomas M. Horan
Common questions about District of Delaware filing timing and cure windows rules

What filing deadlines does District of Delaware set?

Judge Maryellen Noreika: 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.

View ruleOfficial source Source: page 12, section Jury Instructions, Voir Dire, and Special Verdict Forms

Magistrate Judge Christopher J. Burke: 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.

View ruleOfficial source Source: page 1, section Application to Court for Protective Order

Judge Jennifer L. Hall: The parties must file the Joint Claim Construction Brief no later than the date to be supplied.

View ruleOfficial source Source: page 8, section 12. Claim Construction Briefing

268 more rules answer this question.

What filing deadlines apply to witness exhibit list filings in District of Delaware?

Bankruptcy Craig T. Goldblatt: Witness and exhibit lists must be filed at least 48 hours before the hearing at which witnesses will be called or exhibits introduced.

View ruleOfficial source Source: page 4, section Witnesses and Exhibits

What filing deadlines apply to motion to join parties, motion to amend pleadings, and motion to supplement pleadings filings in District of Delaware?

Judge Jennifer L. Hall: Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.

View ruleOfficial source Source: page 1, section Joinder of Other Parties and Amendment of Pleadings

What filing deadlines apply to case dispositive motion filings in District of Delaware?

Chief Judge Colm F. Connolly: Case-dispositive motions and their supporting opening briefs and affidavits must be served and filed by the date left blank in the schedule.

View ruleOfficial source Source: page 14, section Case Dispositive and Daubert Motions

1 more rule answers this question.

What filing deadlines apply to reply brief filings in District of Delaware?

Chief Judge Colm F. Connolly: Reply briefs for Rule 56 motions are due three months before the pretrial conference.

View ruleOfficial source Source: page 14, section Case Dispositive and Daubert Motions

What filing deadlines apply to pro hac vice opposition filings in District of Delaware?

Visiting Mark A. Kearney: Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.

View ruleOfficial source Source: page 4, section J. Pro hac vice motions