DISTRICT COURT

LOCAL RULES & HIGHLIGHTS

 

The Local Rules were amended and updated on April 30, 2010 partly to take into account the new Federal Rules of Civil Procedure regarding timing.  A few of the highlights are:

• All papers filed with the court must be signed and electronically filed by Delaware 

counsel and Delaware counsel shall attend all proceedings before the Court.  (D. Del. LR 83.5)

 

• The patents-in-suit must be attached to the Complaint in patent cases.  (D. Del. LR 3.2)

• A certification must be filed along with nondispositive motions to the effect that the attorney making the motion has made a reasonable effort to reach agreement with the opposing attorneys on the matters set forth in the motion.  (D. Del. LR 7.1.1)

• The opening brief is filed at the same time as the motion. The answer is then due within fourteen (14) calendar days, and the reply within seven (7) calendar days of the answer.  (D. Del. LR 7.1.2)  Note that efiling procedures add an additional three (3) calendar days to most deadlines.  (CM/ECF Administrative Procedure (E)(5) and Cherry Line v. MUMA Services opinion)

• Pursuant to the Local Rules, there is a 20-page limit for opening and answering briefs, and a 10-page limit for replies.  (D. Del. LR 7.1.3)

• Any party seeking oral argument on a motion must request it in writing no later than seven (7) calendar days after service of the reply brief.  (D. Del. LR 7.1.4)  The fact that you have requested oral argument does not mean that you will get it.

• Sequential numbering for interrogatories and requests is required with responses being numbered consistently.  Each subpart of an interrogatory or request shall be counted as a separate interrogatory or request.  (D. Del. LR 26.1)

• Disclosure of documents deemed confidential by the producing party is restricted to trial counsel until a protective order is in effect.  (D. Del. LR 26.2)

• Reasonable notice for taking depositions is not less than ten (10) days.  (D. Del. LR  30.1)

• The Court conducts the voir dire of the jury panel, and parties requesting special voir dire questions must submit them at least three (3) business days before the pretrial conference.  (D. Del. LR 47.1)