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

Hon. Sherry R. Fallon

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

Before You File
Ex parte applications
👤 Judge Fallon — standing order

EX PARTE CONTACTS 9. Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties.

Lead counsel requirements
👤 Judge Fallon — standing order

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)...

Contacting chambers
👤 Judge Fallon — standing order

Unless otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to Chambers.

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

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.

Opposition

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.

Reply

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.

Font & formatting
👤 Judge Fallon — standing order

Discovery dispute letter submissions shall not exceed four (4) pages, and all printed matter, including footnotes, must appear in at least 12-point font.

Footnote policy
👤 Judge Fallon — standing order

Discovery dispute letter submissions shall not exceed four (4) pages, and all printed matter, including footnotes, must appear in at least 12-point font.

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

Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of 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.

Proposed orders
👤 Judge Fallon — standing order

The moving party should attach a proposed order to its letter brief as an exhibit. In the proposed order, the moving party should clearly set out the nature of the requested relief as to each dispute, including the date by which the requested relief is to be completed.

Filing under seal
👤 Judge Fallon — standing order

Papers Filed Under Seal. When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the 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 dispute procedure
👤 Judge Fallon — standing order

Should counsel find they are unable to resolve a discovery matter or a matter regarding a protective order,[1] the parties shall file a "[Joint] Motion for Conference To Resolve [Protective Order or Discovery] Dispute." The suggested text for this motion can be found on the court's website in the "Forms" tab, under the heading "Discovery Matters–Motion to Resolve Discovery Dispute." The following procedures shall apply: 1. Discovery dispute letter submissions shall not exceed four (4) pages, and all printed matter, including footnotes, must appear in at least 12-point font. 2. The moving party should attach a proposed order to its letter brief as an exhibit. In the proposed order, the moving party should clearly set out the nature of the requested relief as to each dispute, including the date by which the requested relief is to be completed. 3. Exhibits to discovery dispute letter submissions are limited to a total of no more than 200 pages, absent leave of court. The parties shall make reasonable efforts to attach only those pages relevant to the discovery dispute as exhibits. Each exhibit shall be filed as a separate, individual attachment within the docket entry for the associated letter submission. The court may strike submissions which exceed the limitation on exhibits, and the hearing may be canceled in that event. 4. If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief. The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit. 5. Motions for sanctions under Fed. R. Civ. P. 37 pertaining to discovery shall be brought in accordance with the Court's discovery dispute procedures. 6. Courtesy copies of discovery dispute letter submissions are to be hand delivered to the Clerk's Office within one hour of e-filing. Should the court find further briefing necessary upon conclusion of the conference, the court will order it. [Footnote 1:] Counsel are expected to first verbally discuss the issues/concerns before seeking the court's intervention.

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