WHY THE CCLD?  The CCLD was designed to address two principal concerns of business litigants: (1) the need for predictable procedures to control the course of the proceedings and to bring such proceedings to a prompt conclusion and (2) the need for reasonable control over the cost of discovery, including e-discovery.  The CCLD addresses these concerns by implementing certain case administration principles and protocols.

 

THREE FACTS.  First, each CCLD case will remain with the same judge from start to finish.  Second,   each CCLD case will be administered pursuant to uniform procedures, including the requirement of an early Rule 16 scheduling conference for counsel to meet and confer with the judge.  There, a case management order will be entered that covers all phases  of the case, including the handling of discovery disputes and dispositive motions, early mandatory disclosures and the exchange of electronic discovery.  Third, each CCLD case will be assigned firm pretrial and prompt trial dates that will be given priority among the Panel Judges other trial assignments.

 

GUIDELINES FOR PROCEDURES.  The CCLD for the most part has chosen to characterize its special procedures as guidelines for litigants to adopt or modify as they choose by their own agreements.  Thus, the parties may opt out of the expert witness, e-discovery and privileged communication guidelines of the CCLD if they wish.  The Court has made it clear that it will accept any reasonable proposal the parties choose.

 

BENCH-BAR LIASONS.  The Superior Court has also appointed Bench-Bar Liaisons, who are practicing lawyers who serve as intermediaries to address issues between practicing lawyers and the Court, continue the efficacious functioning of the Court and reinforce the collegiality of the Delaware bench and bar.  Lawyers and Judges communications with the liaisons will remain confidential unless the practitioner agrees otherwise.