One of the countless charming features of practicing in Delaware is the 6:00 filing deadline. Set forth many (well, seven) years ago in a standing order titled "Revision to Electronic Case Filing Policies and Procedures," I have little doubt that this sensible order has saved the Delaware Bar thousands of late nights over the years.
I'm sometimes asked what might happen if something were to be filed a bit after the deadline. The text of the standing order simply notes that documents (other than initial pleadings, which are due at midnight), are not "considered timely filed and served that day" but leaves it to the rich general law of tardiness to supply any penalty.
This week Judge Fallon issued one of Delaware's rare opinions specifically addressing the effect of a late filing. In CAO Lighting, Inc. v. GE Lighting, Inc., C.A. No. 20-681-MN-SRF, the parties had a discovery dispute which was referred to Judge Fallon who set a brisk schedule with opening letters due on 12/6 at 11:00 and responsive letters due on 12/7 at 11:00.
The plaintiff, however, didn't file it's opening letter until 12:25, on the due date. Barely 20 minutes later, the Court issued the following Oral Order:
ORAL ORDER regarding deadline to submit responsive submission. Due to the delayed filing of the moving submission, the responding party shall be given an extension of corresponding length. Consequently, the responsive submission shall be due on December 7, 2021 at 12:30 PM.
This is the only time in my memory that the Court has extended the deadline for a responsive submission in this way. While it's possible that the quick turnaround time on the responsive brief played a roll in the Court's decision to issue the order in this instance, it might be useful to keep it in mind as something to ask for if circumstances warrant in future.
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