Judge Stephanos Bibas
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Appendices, Exhibits, Declarations, Affidavits, Papers Filed Under Seal
- Not required
Page & Word Limits10 rules
Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages.
- Letter
- Up to 3 pages
- Format
- Single-spaced
Letters filed in connection with discovery teleconferences are limited to 3 pages for both seeking relief and opposing parties.
- Letter
- Up to 3 pages
Court's wording
On that date, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. Within three days, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's
Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
- Reply letter
- Up to 2 pages
Within seven days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five pages.
- Opposition letter
- Up to 5 pages
Letter accompanying motion to strike must not exceed 3 pages.
- Motion to strike letter
- Up to 3 pages
Court's wording
Any motion to strike any pleading or other document shall not be accompanied by an opening brief but shall, instead, be accompanied by a letter , not to exceed three pages, describing the basis for the requested relief, and shall attach the document to be stricken.
Letter accompanying motion to amend must not exceed 3 pages.
- Motion to amend letter
- Up to 3 pages
Court's wording
Any motion to amend (including a motion for leave to amend) a pleading shall not be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
Reply letter for motion to strike must not exceed 2 pages.
- Reply letter
- Up to 2 pages
Court's wording
Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument.
- In limine support
- Up to 3 pages
- In limine opposition
- Up to 3 pages
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court.
maximum of one (1) additional page in reply in support of its request.
Document Format Requirements1 rule
The parties should also email Word versions of each document to Chambers.
- File type
- Word
Document Filing Requirements9 rules
Should counsel find, after good faith efforts—including oral communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Bibas: The parties in the abovereferenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on [INSERT DATES]. The disputes requiring judicial attention are listed below: [A NON-ARGUMENTATIVE LIST OF DISPUTES REQUIRING JUDICIAL ATTENTION]
Parties must file a teleconference request letter for motion to amend by the reply letter deadline.
Court's wording
Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.
Parties must file a teleconference request letter for motion to strike by the reply letter deadline.
Court's wording
Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.
Proposed protective orders must include the specified 'Other Proceedings' paragraph.
Court's wording
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Counsel must submit a joint interim status letter by a specified 2021 date, including an interim report on the issues and discovery progress.
Court's wording
11. Interim Status Report. On ___, 2021, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date. Then, if the Court deems it necessary, it will schedule a status conference.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Parties must file a joint proposed final pretrial order with the required form information by a specified 2021 date.
Court's wording
The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before ___, 2021.
The in limine request and any response shall contain the authorities relied upon;
- Document
- Motions in limine
Must include
- •Contain the authorities relied upon
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
- Document
- Non-dispositive motion
Must include
- •Local rule certificate
Filing & Service rules
Filing Timing and Cure Windows
Pre-motion letter tolls motion/answer deadline until conference or Court decision; if no conference, additional 7 days after Rule 12(a) deadline.
A party's submission of a pre-motion letter will toll that party's time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court's decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.
Civil cases
Page 1 | Civil Pre-Motion Conference
Courtesy Copy Requirements
No courtesy copies are required for briefs, supporting documents, or papers filed under seal.
9. Courtesy Copies. The parties need not provide to the Court any courtesy copies of briefs, any other document filed in support of any briefs (such as appendices, exhibits, declarations, and affidavits), or papers filed under seal.
Civil cases
Page 7 | § G. Courtesy Copies
Sealing & Redaction Procedures
Redacted version of sealed documents must be filed electronically within 7 days of filing the sealed document.
A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 6 | 8. Papers Filed Under Seal
Filing Bundling Requirements
No separate briefing on in limine requests is permitted; submissions must be combined, unless the Court allows otherwise.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 9 | Motions in Limine
Pre-Motion Conference Requirements
Before filing certain motions, parties must submit a pre-motion letter (max 3 pages single-spaced) with basis and citations; adversaries respond within 7 days (max 3 pages single-spaced); no reply unless directed; affidavits/exhibits not permitted; Court may hold teleconference; if unresolved, motion may be filed.
In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit or exhibit shall suffice. To the extent possible, the Court will attempt to resolve the dispute at a pre-motion teleconference. If the dispute cannot be resolved at the pre-motion conference (or if the Court determines that a conference would not be helpful), the moving party may proceed with filing its motion.
Civil cases
Page 1 | Civil Pre-Motion Conference
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(g) above.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(g) above.
Civil cases
Page 6 | 7. Application to Court for Protective Order
Chambers Communication Rules
The parties should also email Word versions of each document to Chambers.
The parties should also email Word versions of each document to Chambers.
Civil cases
Page 9 | Jury Instructions, Voir Dire, and Special Verdict Forms