judge console · D. Del.
D. Del. · Judge Noreika · Practice Guide

Hon. Maryellen Noreika

All local rules for D. Del., integrated with this judge's published requirements.

Before You File
Contacting chambers
👤 Judge Noreika — standing order

Telephone Calls to Chambers: Local counsel shall be involved on all calls to Chambers.

Drafting the Motion
Length limits — motion, opposition, reply
👤 Judge Noreika — standing order
Motion

Page Limits (Double Spaced Submissions Only): Where page limits are specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

Opposition

12. Claim Construction Briefing. ... The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. ... (c) Page limits combined with Daubert motion page limits. Each party is permitted to file as many case dispositive motions as desired provided, however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.[1] [Footnote 1:] The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side's motions, and 50 + 50 + 25 regarding the other side's motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.

Reply

Page Limits (Double Spaced Submissions Only): Where page limits are specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

Font & formatting
👤 Judge Noreika — standing order

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.

Footnote policy
👤 Judge Noreika — standing order

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

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Noreika — standing order
Standing order

Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided.

Filing under seal
👤 Judge Noreika — standing order

Papers Filed Under Seal. In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Discovery
Discovery referral procedure
👤 Judge Noreika — standing order

ADR Process. This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution.

Discovery dispute procedure
👤 Judge Noreika — standing order

Discovery Matters and Disputes Relating to Protective Orders. i. Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after a reasonable effort pursuant to Local Rule 7.1.1. 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 contact the Court's Judicial Administrator to schedule an argument. iii. On a date to be set by separate order, generally not less than four (4) days prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than three (3) days prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. iv. The parties shall provide to the Court two (2) courtesy copies of its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. v. Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

More from Judge Noreika’s procedures
👤 Judge Noreika — standing order
Argument counsel requirement

Opportunities for Newer Attorneys: The Court encourages newer attorneys -- i.e., those attorneys who have been practicing for less than seven years -- to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice. Source ↗

MSJ limitation

Page limits combined with Daubert motion page limits. Each party is permitted to file as many case dispositive motions as desired provided, however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE. Source ↗

Pre motion conference required

(i) Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. (ii) Should counsel find, after a reasonable effort pursuant to Local Rule 7.1.1 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 contact the Court's Judicial Administrator to schedule an argument. Source ↗

Pre motion procedure

(i) Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. (ii) Should counsel find, after a reasonable effort pursuant to Local Rule 7.1.1 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 contact the Court's Judicial Administrator to schedule an argument. (iii) On a date to be set by separate order, generally not less than four (4) days prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than three (3) days prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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