District of Delaware Service and Proof of Service Rules

CRITICAL

Deadline

24 hours

Service

Email to all parties

Counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

Counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

CRITICAL

Service

Email to opposing party

When emailing the motion to shorten notice, counsel must copy opposing counsel and the U.S. Trustee.

In addition to being filed on the docket, the motion to shorten notice must be e-mailed to chambers, copying opposing counsel and the U.S. Trustee.

CRITICAL

Deadline

3 business days

Unless otherwise ordered, plan-confirmation materials to be considered at or in connection with the hearing must be served 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.

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 served 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.

CRITICALProposed or draft document; may not be in force

Applies to

Motion to shorten notice

Service

Email to opposing party

In addition to being filed on the docket, the motion to shorten notice should also be e-mailed to chambers, copying opposing counsel.

In addition to being filed on the docket, the motion to shorten notice should also be e-mailed to chambers, copying opposing counsel.

CRITICAL

Deadline

24 hours

Applies to

Exhibit

Service

Email to all parties

An exhibit not on the docket must be emailed as a PDF to all relevant parties and the Court as soon as possible, no later than 24 hours before the hearing.

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.

CRITICALCivil cases

A party claiming patent infringement must serve the Disclosure of Asserted Claims and Infringement Contentions on all parties, unless the parties agree otherwise.

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."

CRITICALCivil cases

Applies to

Case dispositive motion and supporting papers

The case-dispositive motions and supporting opening briefs and affidavits must be served 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

CRITICALCivil cases

Applies to

Infringement contentions

Unless the parties agree otherwise, plaintiffs must serve their Infringement Contentions on defendants no later than 45 days after service of the Noninfringement Contentions.

9. Infringement Contentions. Unless otherwise agreed to by the parties, no later than 45 days after service of the Noninfringement Contentions, Plaintiff(s) shall serve on Defendant(s) “Infringement Contentions.”

CRITICALCivil cases

Applies to

Claim construction brief

The plaintiff and defendant must serve their respective claim-construction briefs by the stated dates, but must not file those individual briefs.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on - - - - - -. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.

CRITICALCivil cases

Applies to

Claim construction brief

Claim-construction briefs must be served but not individually filed, with separate word limits for opening, answering, reply, and sur-reply briefs.

The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on __________. The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on __________.

CRITICALCivil cases

Applies to

Invalidity contentions

Defendant(s) must serve Invalidity Contentions on Plaintiff(s) within 30 days after service of the Preliminary Disclosure of Asserted Claims, unless the parties agree otherwise.

Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Invalidity Contentions”

CRITICALCivil cases

Unless the parties agree otherwise, a party opposing a patent infringement claim must serve its Invalidity Contentions on all parties no later than 45 days after service of the Disclosure of Asserted Claims and Infringement Contentions.

Unless otherwise agreed to by the parties, no later than 45 days after service upon it of the Disclosure of Asserted Claims and Infringement Contentions, each party opposing a claim of patent infringement shall serve on all parties its "Invalidity Contentions," which shall contain the following information:

CRITICALCivil cases

Applies to

Noninfringement contentions

Defendant(s) must serve Noninfringement Contentions on Plaintiff(s) within 30 days after service of the Preliminary Disclosure of Asserted Claims, unless the parties agree otherwise.

Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Noninfringement Contentions”

CRITICALCivil cases

Applies to

Concise statement

The opposing party must serve its concise statement with its opposing papers.

Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.

CRITICALCivil cases

Applies to

Claim construction brief

The plaintiff and defendant must serve their respective claim-construction briefs, but must not file those briefs individually.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _ _ _ _ _ _. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.

CRITICALCivil cases

Case-dispositive motions and their supporting opening briefs and affidavits must be served 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 _ _ _ _ _ _ _.

CRITICALCivil cases

Applies to

Invalidity contentions

Unless the parties agree otherwise, a party alleging invalidity or unenforceability must serve its Invalidity Contentions 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 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:

CRITICALCivil cases

Plaintiffs must serve their Final Election of Asserted Claims on Defendants no later than 14 days after service of the Final Election of Asserted Prior Art.

No later than 14 days after service of the Final Election of Asserted Prior Art, Plaintiff(s) shall serve on Defendant(s) a “Final Election of Asserted Claims”

CRITICALCivil cases

Unless the parties agree otherwise, Defendants must serve their Final Election of Asserted Prior Art on Plaintiffs no later than 28 days after the claim construction order issues.

Unless otherwise agreed to by the parties, no later than 28 days after the Court issues a claim construction order, Defendant(s) shall serve on Plaintiff(s) a “Final Election of Asserted Prior Art” that reduces the number of prior art references that Defendant(s) allege(s) anticipates each asserted claim or renders the claim obvious.

CRITICALCivil cases

Applies to

Concise statement of facts

The opposing party must serve its separate concise statement with its opposing papers.

Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.

CRITICALCivil cases

Applies to

Claim construction issue list

By the stated deadline, the parties must exchange their proposed claim terms for construction and proposed constructions.

On or before ____, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s).

CRITICALCivil cases

Applies to

Preliminary disclosure of asserted claims

Plaintiff(s) must serve Defendant(s) with the Preliminary Disclosure of Asserted Claims no later than seven days after the date of the Order.

No later than seven days after the date of this Order, Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted.

CRITICALCivil cases

A person or party subject to the Order must promptly notify the other party if a motion seeks disclosure of that party’s designated confidential information.

Any person or party subject to this Order who becomes subject to a motion to disclose another party's information designated as confidential pursuant to this Order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

CRITICALCivil cases

Applies to

Final infringement contentions

Absent party agreement and Court approval, the patentee must finally supplement its identification of accused products and serve final infringement contentions by the specified date.

Absent agreement among the parties, and approval of the Court, (a) no later than the patentee must finally supplement the identification of all accused products and serve final infringement contentions;

CRITICALCivil cases

Applies to

Final invalidity contentions

Absent party agreement and Court approval, the accused infringers must finally supplement their identification of invalidity references and serve final invalidity contentions by the specified date.

Absent agreement among the parties, and approval of the Court, (b) no later than the accused infringers must finally supplement the identification of all invalidity references and serve final invalidity contentions.

CRITICALCivil cases

Applies to

Claim construction brief

Each party must serve its claim construction briefs without filing them individually.

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

CRITICALCivil cases

Absent agreement, the party with the burden of proof must address contention interrogatories first.

In the absence of agreement among the parties, contention interrogatories, if filed, shall first be addressed by the party with the burden of proof.

CRITICALCivil cases

Applies to

Case dispositive motions and supporting papers

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].

CRITICALCivil cases

The parties must serve the four claim construction briefs but must not file them individually.

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

CRITICALCivil cases

A person or party subject to the order who becomes subject to a motion to disclose another party’s protected information must promptly notify that party.

Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

CRITICALCivil cases

Applies to

Case dispositive motion and supporting papers

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

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].

CRITICALCivil cases

Applies to

Claim construction brief

The parties must serve their claim-construction briefs on the specified dates without filing those briefs individually.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on __________, 20___. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on __________, 20___. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________, 20___.

CRITICALCivil cases

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

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].

CRITICALCivil cases

Applies to

Claim construction issue list

On the date to be supplied, the parties must exchange their proposed claim-term list, which is not filed with the Court.

On __________, 20___, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s). This document will not be filed with the Court.

CRITICALCivil cases

Applies to

Direct examination exhibits

A party must provide direct-examination exhibits by 3:00 p.m. on the day before their intended use.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use,

CRITICALCivil cases

Applies to

Opening statement demonstratives

The parties must exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

CRITICALCivil cases

Objections to opening-statement demonstratives must be provided by noon on the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 p.m (noon) on the day before opening statements.

CRITICALCivil cases

Direct-examination demonstratives must be provided by 6:00 p.m. the night before use, and objections must be provided by 8:00 p.m. that night.

A party will provide demonstrative exhibits to be used in connection with direct examination by 6:00p.m. the night before their intended use, and objections will be provided no later than 8:00p.m. the night before their intended use.

CRITICALCivil cases

The parties must exchange opening-statement demonstratives by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

CRITICALCivil cases

Applies to

Exhibit objections

Objections to direct-examination exhibits must be provided no later than 7:30 p.m. the night before their intended use.

objections will be provided no later than 7:30 p.m. the night before their intended use.

CRITICALCivil cases

Applies to

Claim construction briefs

The plaintiff's opening and reply claim-construction briefs and the defendant's answering and sur-reply briefs must be served but not individually filed.

Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on claim construction on or before ____________, 202_. Defendant shall serve, but not file, its answering claim construction brief, not to exceed 30 pages, on or before ____________, 202_. Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on or before ____________, 202_. Defendant shall serve, but not file, its sur- reply brief, not to exceed 10 pages, on or before ____________, 202_.

CRITICALCivil cases

Applies to

Direct examination demonstratives

A party must provide demonstrative exhibits for direct examination by 3:00 p.m. on the day before their intended use.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use,

CRITICALCivil cases

Applies to

Case dispositive motion

Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served 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].

CRITICALCivil cases

Applies to

Opening statement demonstrative objections

Objections to opening-statement demonstratives must be provided by noon on the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

CRITICALCivil cases

[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.

[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.

CRITICALCivil cases

Applies to

Claim construction brief

The parties must serve, but not individually file, their claim-construction briefs; the page limits are 20 pages for the Plaintiff's opening and reply briefs, 30 pages for the Defendant's answering brief, and 10 pages for the Defendant's sur-reply.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ________, 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ________, 202_.

CRITICALCivil cases

Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served 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].

CRITICALCivil cases

Within one month after receiving the fact-witness list, each party must serve a list of the rebuttal fact witnesses it intends to call at trial.

Within one (1) month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact witness that it intends to call at trial.

CRITICALCivil cases

The parties must make their initial Rule 26(a)(1) disclosures within five days of the Order unless they agree otherwise.

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

CRITICALCivil cases

Within one month after expert discovery closes, each party must serve the other parties a list of previously disclosed fact witnesses it intends to call at trial, including experts expected to give fact testimony.

Within one (1) month following the close of expert discovery, each party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony), who has previously been disclosed during discovery and that it intends to call at trial.

CRITICALCivil cases

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

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].

CRITICALCivil cases

Applies to

Brief

The parties must serve, but not file, each claim-construction brief on the date specified for that brief.

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ____________. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ______________. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on __________.

CRITICALCivil cases

Applies to

Demonstratives

The parties must exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

CRITICALCivil cases

Case-dispositive motions, opening briefs, and supporting affidavits, if any, must be served and 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 .

CRITICALCivil cases

Applies to

Demonstrative objections

Objections to opening-statement demonstratives must be provided by noon the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

CRITICALCivil cases

Applies to

Demonstratives

Demonstrative exhibits for direct examination must be provided by 3:00 p.m. the preceding day.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

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 ______________, 20__ [a date approximately four months prior to 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].

CRITICALCivil cases

Applies to

Exhibits

Exhibits for direct examination must be provided by 3:00 p.m. the preceding day.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use.

CRITICAL

Counsel must provide the participant list to the opposing party or parties by the mediation-statement due date.

(b) No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.

CRITICAL

Applies to

Statement of undisputed material facts

The moving party must serve, but not file, its numbered statement of undisputed material facts at least 28 days before the motion-filing deadline.

At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;

CRITICAL

Applies to

Statement of facts response

A responding party must serve, but not file, its response to the statement of facts at least 14 days before the motion-filing deadline.

At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and

CRITICAL

A reply must be 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.

CRITICAL

All objections to the Presentence Investigation Report must be sent to the probation officer before sentencing.

To avoid delay in sentencing, all objections to the Presentence Investigation Report must be sent to the probation officer in advance of sentencing.

CRITICAL

Applies to

Proposed voir dire questions

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

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

CRITICAL

Rule 26(a) information must be exchanged no later than seven days after the order scheduling the Rule 16 conference.

The information required to be disclosed under Fed. R. Civ. P. 26(a) is required to be exchanged no later than seven days after the date of the Order scheduling the Rule 16 conference.

CRITICAL

Unless stayed by statute or order, parties must commence core party written discovery upon the order and immediately upon notice of the Rule 16 conference date; this excludes third-party discovery and preconference depositions unless specifically ordered for good cause.

If not done already, the parties are required to commence core party written discovery upon Order and immediately upon receipt of notice of the date of the Rule 16 conference unless stayed by statute or order. Core party written discovery includes, among other efforts: document requests; admissions; and interrogatories. It does not include third-party discovery or depositions before the initial scheduling conference unless specifically ordered for good cause.

CRITICAL

Unless an allowed correspondence exception applies or the Judge directs otherwise, a request for direction must be filed and served on all parties.

Other than as listed below or otherwise directed by Judge Kearney, a request for direction must be made through a pleading, motion, application, or similar filing with service upon all parties.

CRITICAL

Counsel must serve a copy of the sentencing memorandum on the United States Probation Office.

Counsel shall serve a copy on the United States Probation Office.

CRITICAL

Applies to

Motions for judgment as a matter of law and involuntary dismissal

Motions for judgment as a matter of law in jury trials and motions for involuntary dismissal in non-jury trials must be filed and served.

Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be filed and served.

CRITICAL

The motion must be served simultaneously on the non-party possibly subject to it by email, hand delivery, or fax.

A party seeking an order compelling discovery compliance from a non-party must attach a certificate of service to the discovery motion describing their simultaneous service of the motion by email, hand delivery, or fax upon the non- party possibly subject to the motion

WARNINGProposed or draft document; may not be in force

Deadline

24 hours

Service

Email to all parties

Counsel should email an off-docket exhibit as a PDF to all relevant parties as soon as possible and no later than 24 hours before the hearing.

If an exhibit is not on the docket, counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing.

WARNING

Service

Email to opposing party

In addition to being filed on the docket, the motion to shorten notice should also be e-mailed to chambers, copying opposing counsel.

In addition to being filed on the docket, the motion to shorten notice should also be e-mailed to chambers, copying opposing counsel.

WARNINGCivil cases

Demonstratives created during testimony, demonstratives for cross-examination, and blow-ups or highlights of exhibits or testimony need not be provided to the other side in advance.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross-examination, neither of which need to be provided to the other side in advance of their use. In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.

WARNINGCivil cases

A party may read uncontested facts to the jury or Court only after giving prior notice to all other parties.

Any party, with prior notice to all other parties, may read any or all of the uncontested facts to the jury or Court

WARNINGCivil cases

A person or party subject to the protective order must promptly notify the party whose designated information is the subject of a disclosure motion.

Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

WARNINGCivil cases

A party intending to use a demonstrative must promptly notify the opposing party of any changes made after the deadline.

If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s).

WARNINGCivil cases

Applies to

Demonstrative exhibit

If a demonstrative changes after the deadline, the party intending to use it must promptly notify the opposing party of the changes.

If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s).

WARNINGCivil cases

Applies to

Demonstratives

A party intending to use a demonstrative must promptly notify the opposing party of changes made after the deadline.

If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s).

WARNING

Judge Wolson will not mail orders to pro hac vice lawyers who have not registered for CM/ECF.

Judge Wolson will not mail orders to lawyers admitted pro hac vice who do not register for CM/ECF.

INFOCivil cases

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

INFOCivil cases

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

INFOCivil cases

Blow-ups or highlights of exhibits or testimony need not be provided to the other side before use.

In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.

INFOCivil cases

Applies to

Demonstrative exhibit

Demonstratives created during testimony and demonstratives for cross-examination need not be provided under this provision.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross examination, neither of which need to be provided to the

INFOCivil cases

Applies to

Contention interrogatories

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

INFOCivil cases

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

INFOCivil cases

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

INFOCivil cases

Applies to

Demonstratives

Demonstratives created during testimony and demonstratives for cross-examination need not be provided to the other side under this provision.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross examination, neither of which need to be provided to the other

INFOCivil cases

Applies to

Demonstrative exhibit blow up or highlight

Blow-ups or highlights of exhibits, parts of exhibits, or testimony need not be provided to the other side before use.

In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.