District of Delaware Document Format Requirements

CRITICALCivil cases

All hearings must be noticed for 10:00 a.m. on the listed dates unless otherwise instructed.

ALL HEARINGS SHALL BE NOTICED FOR 10:00 A.M. ON THE DATES LISTED BELOW. (UNLESS OTHERWISE INSTRUCTED BY JUDGE SHANNON AND/OR HIS CHAMBER’S STAFF)

CRITICAL

Each pleading in a binder must display the docket number and filing date in the ECF-generated header or at the bottom-right corner of its first page.

All pleadings included in a binder must contain either the ECF generated header containing the docket number and date filed or the docket number and date filed inserted on the bottom right-hand corner of the first page.

CRITICAL

Format

PDF

The emailed fee-application index or consolidated electronic binder must be a searchable PDF.

Counsel must email chambers a hyperlinked index or a single consolidated electronic binder, in a searchable PDF file, containing copies of all fee applications for consideration.

CRITICAL

Hearing agendas must comply with Del. Bankr. L.R. 9029-3 and Local Form 111.

Agendas must comply with Del. Bankr. L.R. 9029-3 and Local Form 111.

CRITICAL

Format

PDF

The emailed claims index or consolidated electronic binder must be a searchable PDF.

Counsel must email chambers a hyperlinked claims index or single consolidated electronic binder, in a searchable PDF file, containing the Objection(s) to Claims and copies of the relevant proofs of claim (with attachments).

CRITICAL

Documents filed under seal should be stamped “Filed Under Seal” and printed on color paper.

Documents filed under seal should be stamped “Filed Under Seal” and printed on color paper.

CRITICALCivil cases

Please provide chambers with a hyperlinked fee index containing all fee applications under consideration and supporting documentation, such as individual monthly applications, certificates of no objection, objections, and certifications of counsel.

Please provide chambers with a hyperlinked fee index containing all fee applications under consideration and supporting documentation, such as individual monthly applications, certificates of no objection, objections, and certifications of counsel.

CRITICALCivil cases

Please provide chambers with a hyperlinked claims index or a file share link containing copies of all proofs of claim (with all attachments) along with the objection to those claims.

Please provide chambers with a hyperlinked claims index or a file share link containing copies of all proofs of claim (with all attachments) along with the objection to those claims.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

If hard copies are required, please note the following for the convenience of the Court: a. Provide two sets of all hard copy materials. b. Staple all documents that are not included in a binder. c. Insert exhibit tabs where appropriate. d. Print sealed documents on yellow paper.

If hard copies are required, please note the following for the convenience of the Court: a. Provide two sets of all hard copy materials. b. Staple all documents that are not included in a binder. c. Insert exhibit tabs where appropriate. d. Print sealed documents on yellow paper.

CRITICALCivil cases

All proposed orders must have 4 inches of blank space at the end and must not include a signature line or date line.

All proposed orders must allow 4 inches of blank space at the end of the order for the Judge’s signature and date. Do not include a signature line or a date line since they will be included with the Judge’s electronic signature.

CRITICAL

Format

PDF

The electronic fee application binder must be a single consolidated searchable PDF.

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.

CRITICAL

Format

PDF

The hearing agenda must be virtual and hyperlinked, and relevant filings must be provided as PDF copies in a ZIP file.

Hearings. Please email chambers a virtual, hyperlinked hearing agenda and a .zip file containing .pdf copies of all relevant filings.

CRITICAL

Briefs filed in connection with motions must use blue covers for opening briefs, red for answering briefs, and gray for reply briefs, except for motions in limine included in a pretrial order.

**Colors of Front Covers.** The covers of briefs filed in connection with all motions except for motions *in limine* included in a pretrial order shall be as follows: i. Opening Brief – Blue ii. Answering Brief – Red iii. Reply Brief - Gray

CRITICALCivil cases

Each exhibit and attachment must be numbered so that an individual page can be identified by its page number.

Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.

CRITICALCivil cases

Each exhibit and attachment to a letter, brief, or pretrial order must be separated by a tab.

Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab.

CRITICALCivil cases

The Joint Claim Construction Chart must use 14-point text in Times New Roman or a similar typeface.

The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

CRITICALCivil cases

Format

DOCX

The Joint Claim Construction Chart must be emailed in Word format to the stated address at the same time it is filed.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.

CRITICALCivil cases

Each exhibit and attachment to a letter, brief, or pretrial order must be separated by a tab.

Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.)

CRITICALCivil cases

Each brief must use 14-point Times New Roman or a similar typeface.

The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

CRITICALCivil cases

Format

PDF

A separate text-searchable PDF of each patent at issue must accompany the Joint Claim Construction Chart.

A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.

CRITICALCivil cases

Brief covers must be blue for opening briefs, red for answering briefs, and gray for reply briefs, except for motions in limine included in a pretrial order.

The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: ( 1) Opening brief - Blue (2) Answering brief- Red (3) Reply brief - Gray

CRITICALCivil cases

Each brief must use 14-point text in Times New Roman or a similar typeface.

The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

CRITICALCivil cases

Each exhibit and attachment must have page numbers that allow individual pages to be identified.

Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.

CRITICALCivil cases

For covered motions, opening brief covers must be blue, answering brief covers red, and reply brief covers gray; the rule excludes motions in limine included in a pretrial order.

The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: i. Opening brief – Blue ii. Answering brief – Red iii. Reply brief – Gray

CRITICALCivil cases

Exhibits and attachments to letters, briefs, and pretrial orders must be separated by tabs.

Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab.

CRITICALCivil cases

Format

DOCX

The parties must submit Word-format versions of each of the four documents when they file them.

parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.

CRITICALCivil cases

Applications to the Court must be made by written motion, unless otherwise specified.

Any application to the Court shall be by written motion.

CRITICALCivil cases

Each concise statement must use 14-point Times New Roman or a similar typeface.

The text for each statement shall be 14-point and in Times New Roman or a similar typeface.

CRITICALCivil cases

Brief covers must be blue for opening briefs, red for answering briefs, and gray for reply briefs, except for motions in limine included in a pretrial order.

The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: ( 1) Opening brief - Blue (2) Answering brief - Red (3) Reply brief- Gray

CRITICALCivil cases

Each exhibit and attachment must have page numbers that identify its individual pages.

Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.

CRITICALCivil cases

Format

DOCX

The parties must submit each of the four jury-trial documents simultaneously with filing, in Word format, to the specified email address.

The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.

CRITICALCivil cases

The Joint Claim Construction Chart must be in Word format and emailed to the stated address at the same time it is filed.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.

CRITICALCivil cases

Applications to the Court must be made by written motion unless otherwise specified.

Except as otherwise specified herein, any application to the Court shall be by written motion.

CRITICALCivil cases

Briefing, letters, and concise statements of facts must include pinpoint citations to supporting record materials or legal authority; unsupported controverted assertions will be ignored.

Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

CRITICALCivil cases

Each claim-construction brief must use 14-point Times New Roman or a similar typeface.

The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

CRITICAL

Briefs, letters, motions, and concise statements of fact must use 14-point Times New Roman or a similar typeface.

The text for all briefs, letters, motions, and concise statements of fact shall be 14-point and in Times New Roman or similar typeface.

CRITICALCivil cases

The producing party must separately identify by production number the documents corresponding to each category.

The producing party shall separately identify by production number the documents that correspond to each category set forth in this paragraph.

CRITICALCivil cases

A party filing multiple summary judgment motions must number them in the order it wants the Court to consider them.

A party that files more than one summary judgment motion shall number each motion to make clear the order the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.

CRITICALCivil cases

The Joint Claim Construction Chart must be in Word format.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov.

CRITICALCivil cases

The Joint Claim Construction Chart must use 14-point text in Times New Roman or a similar typeface.

The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

CRITICALCivil cases

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.

CRITICALCivil cases

Objection emails must attach digital copies of the relevant materials with disputed passages highlighted.

The parties shall attach to the email digital copies of all relevant demonstratives, exhibits and deposition designations with the disputed passages highlighted.

CRITICALCivil cases

The Joint Claim Construction Chart must be in Word format and emailed to the stated address at the same time it is filed.

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

CRITICALCivil cases

The parties must remove duplicates from the joint exhibit list and paginate it consistently using labels such as JTX001 and JTX002.

The parties are instructed to de-duplicate the joint exhibit list and consistently paginate the joint exhibit list, i.e., JTX001, JTX002, etc.

CRITICALCivil cases

The Joint Claim Construction Chart must be in Word format and emailed to the specified address at the same time it is filed.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

CRITICALCivil cases

Objections filed with the Court must follow the template provided in the procedures.

The parties shall follow the below template when filing objections with the Court:

CRITICALCivil cases

Applies to

Exhibits

Format

PAPER

The parties must have hard copies of all paper exhibits ready for the jury by deliberations.

The parties are reminded to have hard copies of all paper exhibits ready for the jury by the time the jury deliberates.

CRITICALCivil cases

by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.

by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.

CRITICALCivil cases

Each fact in the moving party’s concise statement must appear in a separately numbered paragraph and cite the record specifically.

Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

CRITICALCivil cases

Each fact in the opposing party’s separate concise statement must appear in a separately numbered paragraph and cite the record specifically.

Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

CRITICALCivil cases

The paragraphs in the proposed final pretrial order must be numbered.

The proposed final pretrial order shall contain a table of contents and the paragraphs must be numbered.

CRITICALCivil cases

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.

CRITICALCivil cases

Discovery-dispute letters must use 12-point font.

On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition.

CRITICALCivil cases

A dispute about a fact in the moving party’s concise statement must be supported by specific record citations.

To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.

CRITICALCivil cases

The electronic files in the courtesy copy must be in Microsoft Word format.

shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, emailed to egt_civil@ded.uscourts.gov.

CRITICALCivil cases

Non-hyperlinked cases: trial exhibits required within 1 week, double-sided, stapled/bound, in labeled folders, with electronic copy on labeled flash drive.

In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:  Double-sided;  Stapled or bound;  Each exhibit in its own file folder clearly labeled; and  Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only

CRITICALCivil cases

Specified filings and their footnotes must use Times New Roman at minimum 12-point font.

All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size.

CRITICALCivil cases

Times New Roman font, 12-point minimum, required for all pleadings, motions, briefs, claim construction charts, proposed orders, and letters.

All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size.

CRITICALCivil cases

Submitted trial exhibits must be double-sided, stapled or bound, separately foldered and labeled, and also provided electronically on a labeled flash/thumb drive with each exhibit saved and identified separately by exhibit number.

 Double-sided;  Stapled or bound;  Each exhibit in its own file folder clearly labeled; and  Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only

CRITICALCivil cases

Citations must appear in the body text, not in footnotes or endnotes.

All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.

CRITICALCivil cases

In patent cases, the Court would like to receive hyperlinked versions of the parties’ post- trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits.

In patent cases, the Court would like to receive hyperlinked versions of the parties’ post- trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits.

CRITICALCivil cases

Exhibits must be pre-marked with PTX/DTX/JTX prefix, exhibit number starting at 1, and case number.

All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.

CRITICALCivil cases

Format

WORD_PERFECT

The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

CRITICALCivil cases

Format

DOCX

Joint Claim Construction Chart must be in Word format and emailed to chambers simultaneously with filing.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

CRITICALCivil cases

Format

DOCX

Discovery-related motions must be emailed in Word format to rga_civil@ded.uscourts.gov simultaneously with filing.

order shall be e-mailed, in Word format, simultaneously with filing to rga_civil@ded.uscourts.gov.

CRITICALCivil cases

Format

DOCX

Joint Claim Construction Chart must be emailed to rga_civil@ded.uscourts.gov in Word format.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.

CRITICALCivil cases

Format

DOCX

Jury documents must be submitted in Word format to specified email address.

The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to rga_civil@ded.uscourts.gov.

CRITICALCivil cases

After notice to the provider and an opportunity to object, access may be given to two approved outside counsel and two approved experts retained by the requesting party.

Access to the stand-alone computer shall be permitted, after notice to the provider and an opportunity to object, to two (2) outside counsel representing the requesting party and two (2) experts retained by the requesting party, all of whom have been approved under the protective order in place.

CRITICALCivil cases

Absent agreement among the parties, a single electronic copy of source or executable code must be available for inspection on a stand-alone computer.

A single electronic copy of source code or executable code shall be made available for inspection on a stand-alone computer.

CRITICAL

Mediation statements may use memorandum or letter form and must be double-spaced, use at least 12-point font, and comply with the separate 10-page maximum.

The mediation statements may be in memorandum or letter form. They must be double-spaced, in no less than a 12-point font, and be no longer than ten (10) pages.

CRITICALCivil cases

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.

CRITICALCivil cases

Demonstratives must be provided as color PDFs, except that videos and animations must be provided on DVD or CD, and irregularly sized physical exhibits must be represented in color PDF copies sized 8.5 by 11 inches.

The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD. For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.

CRITICALCivil cases

The parties must produce single-page TIFF images, associated multi-page text files containing extracted text or OCR, and Concordance and Opticon load files with requisite information, including relevant metadata.

The parties shall produce their information in the following format: single page TIFF images and associated multi-page text files containing extracted text or OCR with Concordance and Opticon load files containing all requisite information including relevant metadata.

CRITICALCivil cases

The source-code manifest must be supplied in both printed and electronic form.

This manifest, which will be supplied in both printed and electronic form

CRITICALCivil cases

For produced ESI, the parties must provide the listed metadata, or its equivalent, to the extent that it exists.

The parties are only obligated to provide the following metadata for all ESI produced , to the extent such metadata exists: Custodian , File Path , Email Subject, Conversation Index, From , To , CC , BCC , Date Sent, Time Sent, Date Received , Time Received , Filename, Author, Date Created, Date Modified , MD5 Hash, File Size , File Extension , Control Number Begin , Control Number End, Attachment Range , Attachment Begin , and Attachment End (or the equivalent thereof) .

CRITICALCivil cases

The computer must include utilities for viewing, searching, and analyzing source code, including each listed minimum capability.

The stand-alone computer shall include software utilities which will allow counsel and experts to view, search, and analyze the source code. At a minimum, these utilities must provide the ability to (a) view, search, and line-number any source file, (b) search for a given pattern of text through a number of files, (c) compare two files and display their differences, and (d) compute the MD5 checksum of a file.

CRITICALCivil cases

Absent agreement among the parties, the source code provider must supply the stand-alone computer, which must be password protected.

The stand-alone computer shall be password protected and supplied by the source code provider.

CRITICALCivil cases

Applies to

Demonstrative exhibit

Format

PDF

Demonstratives must be provided as color PDFs, except that videos or animations must be provided on DVD or CD and irregularly sized physical exhibits must be represented by color PDFs of 8.5-by-11 copies.

The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD. For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.

CRITICALCivil cases

The Joint Claim Construction Chart must be in Word format and emailed to the specified address at the same time it is filed.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to Samantha_Miller@ded.uscourts.gov.

CRITICALCivil cases

Provider personnel may not access the stand-alone computer for the remainder of discovery.

No one from the provider shall have further access to the computer during the remainder of discovery.

CRITICALCivil cases

When producing a text-searchable image file, the producing party must preserve the underlying ESI’s original formatting, metadata, and, where applicable, revision history.

When a text-searchable image file is produced , the producing party must preserve the integrity of the underlying ESI , i.e., the original formatting , the metadata (as noted below) and , where applicable , the revision history.

CRITICALCivil cases

ESI and non-ESI must be produced as text-searchable image files, such as PDF or TIFF.

ESI and non-ESI shall be produced to the requesting party as text searchable image files (e.g., PDF or TIFF) .

CRITICALCivil cases

Absent agreement among the parties, the stand-alone computer must be located with an independent escrow agent, and the parties must share the agent’s costs.

The stand-alone computer shall be located with an independent escrow agent, with the costs of such to be shared by the parties.

CRITICALCivil cases

Source code may not be printed or copied unless the producing party agrees or the court orders otherwise.

Source code may not be printed or copied without the agreement of the producing party or further order of the court.

CRITICALCivil cases

The discovery-dispute letter must use 12-point font.

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.

CRITICALCivil cases

Letters submitted by the party seeking relief and any opposing party must use 12-point font.

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

CRITICALCivil cases

The parties must simultaneously submit the jury-trial documents in Word format by email to the trial judge's staff.

The parties shall simultaneously submit the documents in Word format via email to the trial judge's staff at ldh_civil@ded.uscourts.gov.

CRITICALCivil cases

The paragraphs in the proposed final pretrial order must be numbered.

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

CRITICAL

Mediation statements must be double-spaced, single-sided, 12-point font, maximum 15-20 pages, with numbered pages.

The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.

CRITICAL

Format

PAPER

Mediation statements must be double-spaced, single-sided, 12-point font, 15-20 pages max, numbered

The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.

CRITICALCivil cases

The courtesy-copy files must be in Microsoft Word format.

That submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which shall be submitted to Rebecca_Polito@ded.uscourts.gov.

CRITICALCivil cases

An opposition letter must use a font no smaller than 12 points.

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.

CRITICALCivil cases

The discovery-relief letter must use a font no smaller than 12 points.

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.

CRITICALCivil cases

Exhibits accompanying a discovery letter must be filed as separate individual attachments within that letter's docket entry.

The parties shall file any exhibits associated with their respective letter submissions as separate, individual attachments within the docket entry for the letter.

CRITICAL

Applies to

Mediation statement

The mediation statement must be delivered to the Clerk’s Office in an envelope addressed to the Magistrate Judge and marked as confidential, with one original and one copy.

On or before , 2012, AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission, but shall be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon and marked “CONFIDENTIAL MEDIATION STATEMENT.”

CRITICALCivil cases

Each exhibit must be filed as a separate attachment within the docket entry for the related letter submission.

Each exhibit shall be filed as a separate, individual attachment within the docket entry for the associated letter submission.

CRITICAL

Mediation statements must be double-spaced and use a font no smaller than 12 points.

5. The mediation statements may be in memorandum or letter form. They must be double-spaced, in no less than a 12-point font, and be no longer than twenty (20) pages.

CRITICALCivil cases

All printed matter, including footnotes, must use a font of at least 12 points.

all printed matter, including footnotes, must appear in at least 12-point font.

CRITICAL

All ECF filings, especially sealed documents, must be labeled with ECF descriptions to ensure docket text accurately reflects contents.

Use the ECF descriptions to label all ECF filings, especially documents filed under seal, so that the docket text reflects the contents.

CRITICAL

Each submission should use the e-filed version that has the CM/ECF system’s header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system.

Each submission should use the e-filed version that has the CM/ECF system’s header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system.

CRITICAL

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Written submissions must be double-spaced, use at least 12-point font and one-inch margins, and use the body text’s font and size in footnotes; any proportionally spaced font is permitted.

All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font. All footnotes shall appear in the same font and font size as the body of the submission.

CRITICAL

Briefs posted to CM/ECF must be searchable.

Counsel must post searchable versions of their briefs to the CM/ECF system.

CRITICAL

Each point for charge and proposed jury interrogatory must be numbered and placed on a separate sheet of paper.

Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper.

CRITICAL

Each exhibit submitted via ECF must have a descriptive name that identifies it; “Exhibit A” alone is insufficient.

In addition, when parties submit exhibits via ECF, they must give each document a name identifying the document. Thus, it is not sufficient to label a file “Exhibit A.” Instead, the name should be “Contract,” “Declaration of John Smith,” or some other reference that permits Judge Wolson to identify what the exhibit is without having to open the file.

CRITICAL

Briefs filed by counsel must be text-searchable.

Counsel must file text-searchable versions of their briefs on the CM/ECF system.

CRITICAL

Footnotes must use the same font and font size as the body of the submission.

All footnotes shall appear in the same font and font size as the body of the submission.

CRITICAL

Parties must not include substantive arguments in footnotes; such arguments will not be considered or treated as preserved.

The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will he deem those arguments preserved.

CRITICAL

Exhibits must be text searchable, and scanned exhibits must be processed with OCR or comparable technology.

All exhibits must be text searchable. To the extent that a document is scanned, as opposed to converted from Word or another format, the party submitting the document must use optical character recognition (OCR) or other comparable technology to ensure the exhibit’s searchability.

CRITICAL

The joint Rule 26(f) report must use Judge Wolson’s sample form attached to the scheduling order.

The parties must use Judge Wolson’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16 conference.

CRITICAL

Parties must not put substantive arguments in footnotes; the court will not consider them or deem them preserved.

The parties shall not include substantive arguments in footnotes. Judge Wolson will not consider substantive arguments made in footnotes, nor will it deem those arguments preserved.

CRITICAL

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

Written submissions must be double-spaced, use at least 12-point font and one-inch margins, and may use any proportionally spaced font.

All written submissions to Judge Wolson must be double-spaced, in at least 12-point font with at least one-inch margins. A party may use any proportionally spaced font.

CRITICAL

The attached exhibit to an amended pleading filed as a matter of course must be blacklined or highlighted solely to show changes.

A party filing an amended pleading as a matter of course under Fed. R. Civ. P. 15(a)(1) must attach as an exhibit a blacklined or highlighted copy of the pleading solely to show the changes in the pleading.

CRITICAL

The proposed amended pleading attached to a motion to amend must be blacklined or highlighted solely to show the changes.

A motion to amend a pleading shall: identify all parties’ positions on the proposed amendments and attach the proposed amended pleading either blacklined or highlighted solely to show the change in the pleading.

CRITICAL

Pre-Sentence Investigation Reports and sentencing memoranda delivered to chambers must be in Microsoft Word format.

Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered to chambers in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

CRITICAL

Applies to

Proposed jury instructions

The parties must provide proposed jury instructions on a CD or thumb drive in Microsoft Word format.

The parties shall also provide the proposed instructions on a CD or thumb drive in Microsoft Word format.

CRITICAL

Applies to

Admitted exhibits

The Court will not retain hard copies or binders of exhibits, and counsel must provide an electronic version of admitted exhibits before the verdict.

We will not retain hard copies and binders of exhibits and counsel must provide an electronic version of the admitted exhibits before the verdict to ensure we preserve exhibits for post-trial review.

CRITICAL

Appendix pages must be consecutively Bates-stamped and cited in motions and briefs by their assigned Bates numbers.

All pages of the appendix shall be consecutively “Bates stamped” and referenced in the motions and briefs by the Bates number assigned each page. For example, “1a, 2a, 3a, etc.”

CRITICAL

Additions to the movant’s appendix must continue the Bates numbering from where that appendix ended and include a table of contents.

Any additions to the movant’s appendix shall also be consecutively Bates-stamped, beginning at the page number where the movant’s appendix ended, and shall include a table of contents.

CRITICAL

The change-of-plea memorandum must be provided to chambers by email in Microsoft Word format.

The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

CRITICAL

The specified short motions must be double-spaced and use twelve-point font.

Limited discovery and all scheduling disputes resolved by short motion: Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.

CRITICAL

Applies to

Videotaped testimony

Videotaped testimony should begin with the witness sworn and must be edited after the Court rules on objections before it is offered at trial.

Videotaped testimony should begin with the witness being sworn. After Judge Kearney rules on any objections, counsel must edit the testimony before offering the videotaped testimony at trial.

CRITICAL

Support and opposition memoranda must be double-spaced in twelve-point font.

Memoranda filed in support of, or in opposition to, a motion is limited to twenty pages of double-spaced twelve-point font.

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be separately numbered and submitted on a separate sheet, double-spaced, with accurate quotations and pinpoint citations where appropriate.

Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate.

CRITICAL

Discovery motions and responses under this procedure must be double-spaced in twelve-point font.

A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order. Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.

WARNING

Applies to

Order

Orders must leave four inches of blank space at the end for the judge’s signature and date.

include 4 inches of blank space at the end of the order for the Judge’s signature and date.

WARNING

If an organizational chart and/or budget is included in the binder, please provide two (2) enlarged copies of each document.

If an organizational chart and/or budget is included in the binder, please provide two (2) enlarged copies of each document.

WARNINGProposed or draft document; may not be in force

A motion for admission pro hac vice must comply with Local Form 105; a 10-point font is acceptable to keep the pleading to one page.

Motions for pro hac vice must comply with Local Form 105. A font size of 10 point is acceptable to maintain a single-page pleading.

WARNINGProposed or draft document; may not be in force

Please provide email chambers with a virtual, hyperlinked hearing agenda and a .zip file containing .pdf copies of all relevant filings.s

Please provide email chambers with a virtual, hyperlinked hearing agenda and a .zip file containing .pdf copies of all relevant filings.s

WARNING

Redlined documents supplied to the Court must be in color, whether filed or delivered as a printed copy.

All redlined documents supplied to the Court, whether by a filing or in a printed copy delivered to Chambers, shall be in color.

WARNING

Format

PDF

If an exhibit is not on the docket, please supply such exhibit by email (in .pdf format) to all relevant parties and to the Court as soon as possible, but no later than 24 hours before the hearing. If multiple exhibits are to be used at a hearing, they should be sent via zip file, appropriately identified by Exhibit Number and a brief description of the document.

If an exhibit is not on the docket, please supply such exhibit by email (in .pdf format) to all relevant parties and to the Court as soon as possible, but no later than 24 hours before the hearing. If multiple exhibits are to be used at a hearing, they should be sent via zip file, appropriately identified by Exhibit Number and a brief description of the document.

WARNINGProposed or draft document; may not be in force

Redlined documents supplied to the Court, by filing or printed copy, must be in color.

All redlined documents supplied to the Court, whether by a filing or in a printed copy delivered to Chambers, shall be in color.

WARNINGProposed or draft document; may not be in force

Multiple exhibits for a hearing should be sent in a ZIP file and identified by exhibit number and a brief document description.

If multiple exhibits are to be used at a hearing, they should be sent via zip file, appropriately identified by Exhibit Number and a brief description of the document.

WARNINGCivil cases

Multiple submitted pages from one document must be grouped in a single exhibit.

When multiple pages from a single document are submitted, the pages shall be grouped in a single exhibit.

WARNINGCivil cases

Multiple submitted pages from one document must be grouped in a single exhibit.

When multiple pages from a single document are submitted, the pages shall be grouped in a single exhibit.

WARNINGCivil cases

The parties must take all practical measures to avoid filing duplicate copies of an exhibit or attachment.

The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment.

WARNINGCivil cases

Relevant portions of each document referred to in the concise statement must be highlighted or otherwise emphasized.

The document referred to shall have relevant portions highlighted or otherwise emphasized.

WARNINGCivil cases

The parties should highlight the portions of exhibits and attachments they want the Court to read.

The parties should highlight the text of exhibits and attachments they wish the Court to read.

WARNINGCivil cases

Format

PDF

Each patent submitted with the Joint Claim Construction Chart must be provided as a separate text-searchable PDF.

A separate text- searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.

WARNINGCivil cases

The parties should highlight the text in exhibits and attachments they want the Court to read.

The parties should highlight the text of exhibits and attachments they wish the Court to read.

WARNINGCivil cases

Relevant portions of referenced documents must be highlighted or emphasized, and any excerpt must include enough material to provide context.

The document referred to shall have relevant portions highlighted or otherwise emphasized. The parties may extract and highlight the relevant portions of each referenced document, but they shall ensure that enough of a document is attached to put the matter in context.

WARNINGCivil cases

The Joint Claim Construction Chart text must be 14-point Times New Roman or a similar typeface.

The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

WARNINGCivil cases

The parties should highlight the text in exhibits and attachments that they want the Court to read.

The parties should highlight the text of exhibits and attachments they wish the Court to read.

WARNINGCivil cases

Declarations may not contain legal argument or be used to evade the paragraph’s briefing word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

WARNINGCivil cases

Parties may submit extracted and highlighted portions, but must include enough of the document to provide context.

The parties may extract and highlight the relevant portions of each referenced document, but they shall ensure that enough of a document is attached to put the matter in context.

WARNINGCivil cases

The text of each concise statement must use 14-point Times New Roman or a similar typeface.

The text for each statement shall be 14-point and in Times New Roman or a similar typeface.

WARNINGCivil cases

Each claim-construction brief must use 14-point Times New Roman or a similar typeface.

The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

WARNINGCivil cases

The parties must take all practical measures to avoid filing duplicate copies of an exhibit or attachment.

The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment.

WARNINGCivil cases

Declarations may not contain legal argument or be used to evade the briefing word limits.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

WARNINGCivil cases

A party filing multiple Daubert motions must number them in the order it wants the Court to consider them.

A party that files more than one Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.

WARNINGCivil cases

The jointly submitted technology tutorial must be electronic and no longer than 30 minutes.

The parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes.

WARNINGCivil cases

Paragraphs in the proposed final pretrial order must be numbered.

the paragraphs shall be numbered.

WARNINGCivil cases

The parties must not include argument in the joint Construction Chart submission.

Construction Chart. In this joint submission, the parties shall not provide argument.

WARNINGCivil cases

The parties must jointly submit an electronic tutorial no longer than 30 minutes and should confirm that the Court can access its selected format.

In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes. As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.).

WARNINGCivil cases

As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.).

As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.).

WARNINGCivil cases

The emailed copy of the amended chart must be in Microsoft Word format.

The parties shall e-mail a copy of the amended Joint Claim Construction Chart in Microsoft Word format to jlh_civil@ded.uscourts.gov.

WARNINGCivil cases

Format

PDF

For amendments as a matter of course, the amended pleading sent to chambers must be in PDF format.

If by matter of course, counsel shall email a PDF version of the amended pleading to the Court’s judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov.

WARNINGCivil cases

Citations must appear in body text rather than in footnotes or endnotes.

All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.

WARNINGCivil cases

Format

WORD_PERFECT

The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

WARNINGCivil cases

As a guideline, keep a Markman presentation to no more slides than the pages in your share of the Joint Claim Construction Brief.

A good rule of thumb is that, when it comes to a Markman hearing, you shouldn’t have more slides for your presentation than there are pages in your share of the Joint Claim Construction Brief.

WARNING

Counsel are asked to limit mediation statement exhibits to the most directly relevant documents and keep their total page count manageable.

Counsel are requested to limit such exhibits to those that are most directly relevant to the mediation, and to try to limit the total number of pages of exhibits to a manageable number.

WARNINGCivil cases

Parties should highlight in yellow the important portions of exhibits attached to their letter briefs.

With regard to other types of exhibits the parties attach to their letter briefs, the parties should highlight in yellow those portions of the exhibits that are particularly important and that they want the Court to focus on.

WARNINGCivil cases

The only files that should be produced in native format are files not easily converted to image format, such as Excel and Access files.

The only files that should be produced in native format are files not easily converted to image format, such as Excel and Access files .

WARNINGCivil cases

If the court determines that missing files need to be addressed, the provider must include the tools necessary to rebuild the application from source code and instructions for using them.

If the court determines that the issue of missing files needs to be addressed, the source code provider will include on the stand-alone computer the build scripts, compilers, assemblers, and other utilities necessary to rebuild the application from source code, along with instructions for their use.

WARNINGCivil cases

If a party is attaching an exhibit to its letter brief, and the exhibit is large (i.e., more than 20 pages), the party should simply include the cover page/first page of the exhibit and then only those other portions of the exhibit that are relevant to the discovery dispute.

If a party is attaching an exhibit to its letter brief, and the exhibit is large (i.e., more than 20 pages), the party should simply include the cover page/first page of the exhibit and then only those other portions of the exhibit that are relevant to the discovery dispute.

WARNINGCivil cases

If the parties provide an optional technology tutorial, it may be submitted on DVD or flash drive, may not exceed 30 minutes, should focus on the technology rather than claim-construction argument, and should be in a format the Court can access.

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. In this regard, the parties may separately submit a DVD/flash drive containing a tutorial that is not more than 30 minutes in length. The tutorial should focus on the technology at issue and should not be used to argue claim construction contentions. As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial.

WARNINGCivil cases

Format

DOCX

containing electronic files of these documents, in Word format

containing electronic files of these documents, in Word format

WARNING

Joint claim construction charts must follow sample format on Judge Tennyson's website.

All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.

WARNINGCivil cases

Documents submitted to the trial judge's staff must be in Word format.

The parties shall simultaneously submit the documents in Word format via email to the trial judge's staff at ldh_civil@ded.uscourts.gov.

WARNINGCivil cases

An opposition letter filed under this procedure must use 12-point font.

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.

WARNINGCivil cases

The parties should highlight the portions of exhibits and attachments they want the Court to read.

The parties should highlight the portions of the exhibits and attachments that they wish the Court to read.

WARNINGCivil cases

The parties should highlight the portions of exhibits and attachments they want the Court to read.

The parties should highlight the portions of the exhibits and attachments that they wish the Court to read.

WARNINGCivil cases

The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at ldh_civil@ded.uscourts.gov.

The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at ldh_civil@ded.uscourts.gov.

WARNINGCivil cases

Where possible, the parties are encouraged to excerpt voluminous documents included as exhibits or attachments.

Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.

WARNINGCivil cases

Discovery teleconference letters must be double-spaced with at least 12 point font.

double-spaced in no less than 12 point font

WARNING

Mediation statement exhibits must be single-sided and tabbed.

Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Exhibits shall also be single-sided only and must be tabbed.

WARNINGCivil cases

Applies to

Brief

A citation that refers to an entire exhibit document will not be accepted.

For example, a citation to an exhibit that references the entire document will not be accepted and is not consistent with this provision.

WARNINGCivil cases

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

WARNINGCivil cases

Applies to

Brief

Briefs must cite specific exhibit pages, and deposition citations must include both page and line numbers.

Any references to exhibits in the briefs must cite the specific pages of the exhibit proffered in support of a party’s argument. If the exhibit is a deposition, both the page and line numbers must be specified.

WARNINGCivil cases

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to Rebecca_Polito@ded.uscourts.gov.

WARNINGCivil cases

Briefs must cite specific exhibit pages, and deposition citations must include page and line numbers.

e. Citations to Exhibits. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party’s argument. If the exhibit is a deposition, both the page and line numbers must be specified.

WARNINGCivil cases

Letters filed by the party seeking relief or an opposing party must use a font of at least 12 points.

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. 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.

WARNINGCivil cases

Discovery-dispute letters must use a font of at least 12 points.

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. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested. 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.

WARNINGCivil cases

Applies to

Demonstratives

Format

PDF

A demonstrative must be provided as a color PDF representation, except that video or animations must be provided on DVD or CD.

The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD.

WARNINGCivil cases

Applies to

Demonstratives

Format

PDF

For irregularly sized physical exhibits, the party must provide a color PDF representation using 8.5-by-11-inch copies.

For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.

WARNING

Parties should not submit pleadings from the case before Judge Wolson, including a complaint with a motion to dismiss.

Parties should not submit pleadings from the case before Judge Wolson. For example, there is no need to attach a copy of a complaint to a Motion to Dismiss. Judge Wolson can retrieve those documents from the CM/ECF system.

WARNING

Nor should parties submit pleadings from other federal cases. It is enough to cite the pleading by court, case number, and docket number. Judge Wolson will retrieve the pleading from the CM/ECF system.

Nor should parties submit pleadings from other federal cases. It is enough to cite the pleading by court, case number, and docket number. Judge Wolson will retrieve the pleading from the CM/ECF system.

WARNING

Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.

Counsel should file replies and sur-replies only when necessary. Such briefs must be concise and address only new issues raised by opposing counsel. Judge Wolson discourages any replies or sur-replies that repeat or rehash previous arguments.

WARNING

Deposition testimony and other transcripts submitted to Judge Wolson should be full-sized pages, not miniscripts.

Parties should submit deposition testimony and other transcripts to Judge Wolson as full-sized pages, not miniscripts.

WARNING

Parties should submit stipulations and proposed orders as Word documents.

Parties should submit stipulations and proposed Orders as Word documents.

WARNING

When submitting exhibits via ECF, parties should file each exhibit as a separate CM/ECF document; a single document marked “Exhibits” will be struck.

When submitting exhibits via ECF, parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If Judge Wolson receives a filing with a single document marked “Exhibits,” he will strike the filing.

WARNING

Counsel seeking pro hac vice admission should use the form available on the Eastern District of Pennsylvania’s website.

Counsel seeking admission pro hac vice should use the form available on the Eastern District of Pennsylvania’s website.

WARNING

Citations to docket documents in written submissions should identify the documents by ECF number.

In all written submissions to Judge Wolson, citations to documents on the docket, e.g., “Amended Complaint,” should identify those documents by ECF number.

WARNING

Applies to

Exhibits

Unless the parties agree otherwise, exhibits must be presented chronologically, beginning with the oldest dated document.

Unless otherwise agreed by the parties, the exhibits will be presented in chronological order with the first document representing the oldest dated document.

INFO

A 10-point font is acceptable for maintaining a single-page pleading.

A font size of 10 point is acceptable to maintain a single-page pleading.

INFOCivil cases

The parties are encouraged to include only pages that identify the document and are relevant to the issues before the Court.

The parties are encouraged to include in an exhibit or attachment only the pages of the document in question that ( 1) identify the document (e.g., the first page of a deposition transcript or the cover page of a request for discovery) and (2) are relevant to the issue(s) before the Court.

INFOCivil cases

The parties are encouraged to include only pages that identify the document and are relevant to the issues before the Court.

The parties are encouraged to include in an exhibit or attachment only the pages of the document in question that ( 1) identify the document (e.g., the first page of a deposition transcript or the cover page of a request for discovery) and (2) are relevant to the issue(s) before the Court.

INFOCivil cases

The parties are encouraged to include only pages that identify the document and are relevant to the issues before the Court.

The parties are encouraged to include in an exhibit or attachment only the pages of the document in question that (1) identify the document (e.g., the first page of a deposition transcript or the cover page of a request for discovery) and (2) are relevant to the issue(s) before the Court.

INFOCivil cases

When possible, the parties should refer to exhibits using the joint exhibit list.

When possible, the parties shall refer to exhibits from the joint exhibit list.

INFOCivil cases

For this Chambers, sealed envelopes are no longer required for courtesy copies of sealed civil filings, but counsel may still use sealed envelopes if they choose.

THEREFORE, IT IS HEREBY ORDERED that, for this Chambers, effective immediately it is no longer required that courtesy copies of sealed civil filings be placed in sealed envelopes. Sealed courtesy copies may, however, be placed in sealed envelopes at the discretion of counsel.

INFOCivil cases

Plan slides for about half of the allotted argument time because Judge Burke will use about half the time for questions.

time for your presentation, and that Judge Burke is going to take up about half of that time with his questions. So if you have one hour of argument time, for example, you should only include enough slides for about a half hour’s worth of presentation time.

INFOCivil cases

Slides should relate to points made in the briefing and are most helpful when they illustrate those points in a visually different way.

It goes without saying that your slides need to be tied in some way to a point that you made in your briefing. But the best slides amount to a different way of getting across that point. For example, say in your brief you want to emphasize that the same term (i.e., term #1) appears in five different parts of the patent—and that when it does, it is always accompanied by a particular phrase. A slide that has five different pop-up bubbles with the text of each portion of the specification included therein (along with related citations) can be really helpful in depicting this for the Court. That is because it gives the Court a unique illustration of exactly how term #1 is used in the patent— in a manner that is visually different than what is conveyed by a string citation in a brief.

INFOCivil cases

Where possible, the parties are encouraged to excerpt voluminous documents included as exhibits or attachments.

Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.

INFO

Mediation statement exhibits must be single-sided and tabbed.

Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Exhibits shall also be single-sided only and must be tabbed.

INFO

The motion is not required to use numbered paragraphs.

The motion does not need to be in a numbered paragraph format.

INFOCivil cases

Format

DOCX

The parties should also email Word versions of each document to Chambers.

The parties should also email Word versions of each document to Chambers.