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

Hon. Laura D. Hatcher

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

Before You File
Lead counsel requirements
👤 Judge Hatcher — standing order

Should counsel find, after good faith efforts - which must include verbal communication among Delaware and lead counsel for all parties to the dispute - that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a "Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes."

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

4. Case Dispositive Motions. [ANDA cases] Absent agreement between the parties and approval from the Court, the Court will not hear dispositive motions in ANDA cases. [Non-ANDA cases] ... 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.

Opposition

4. Case Dispositive Motions. [ANDA cases] Absent agreement between the parties and approval from the Court, the Court will not hear dispositive motions in ANDA cases. [Non-ANDA cases] ... 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.

Reply

4. Case Dispositive Motions. [ANDA cases] Absent agreement between the parties and approval from the Court, the Court will not hear dispositive motions in ANDA cases. [Non-ANDA cases] ... 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.

Font & formatting
👤 Judge Hatcher — standing order

the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues... any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.

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

Courtesy Copies. The parties shall provide to the Court two courtesy copies of all letters, 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. Exhibits and attachments shall be separated by tabs. The parties should highlight the portions of the exhibits and attachments that they wish the Court to read. Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.

Proposed orders
👤 Judge Hatcher — standing order

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Filing under seal
👤 Judge Hatcher — standing order

Papers Filed Under Seal. Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so. In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.

Discovery
Discovery dispute procedure
👤 Judge Hatcher — standing order

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 good faith efforts - which must include verbal communication among Delaware and lead counsel for all parties to the dispute - that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a "Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes." The suggested text for this motion can be found in Magistrate Judge Hatcher's section of the Court's website, in the "Forms" tab. iii. The Court will thereafter order a telephone conference and deadlines for submissions. On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition. iv. Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5. 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 Hatcher’s procedures
👤 Judge Hatcher — standing order
MSJ limitation

4. Case Dispositive Motions. [ANDA cases] Absent agreement between the parties and approval from the Court, the Court will not hear dispositive motions in ANDA cases. [Non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before ____________, 202_ [a date approximately 4 months prior to the pretrial conference, calculated from the filing of the reply brief]. Briefing shall be presented pursuant to the Court's Local Rules. No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court. b. Concise Statement of Facts Required. Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. Any party opposing the motion shall include with its opposing papers a response to the moving party's concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party's concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. The moving party shall include with its reply papers a response to the opposing party's concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis. 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. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Hatcher's procedures
Standing order changes, new key traps, and C.D. Cal. practice intelligence.