A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: CM/ECF

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An order on Friday reminded me of a local counsel issue that comes up from time to time here in D. Del.

Whenever a party files a motion or a brief, the docket on PACER automatically includes a due date, like so:

312 OPENING BRIEF in Support re 311 MOTION to Amend Judgment, filed by ViaTech Technologies Inc..Answering Brief/Response due date per Local Rules is 11/8/2023. (Mayo, Andrew) . . . (Entered: 10/25/2023)

ViaTech Technologies, Inc. v. Adobe Inc., C.A. No. 20-358-RGA-JLH (D. Del. Oct. 25, 2023).

The docket text is not perfectly clear, but that due date is automatically generated based on a set of rules in PACER (that are …

At a hearing today, Judge Kennelly set forth his preferences on how parties files documents in CM/ECF. He explained that he deals with all filings electronically, and large exhibits as permitted by the Delaware CM/ECF system interfere with his work flow.

He threatened to deny motions going forward (at least in that case) if parties combine exhibits in that way, specifically pointing to the following docket item:

Judge Kennelly Example

As you can see in the highlight, the party combined multiple exhibits into sub-filings, which makes it difficult and slow to download, and impossible to download individual exhibits.

Judge Kennelly prefers that parties do it this way:

Judge Kennelly Example - Correct

Visiting Judge Wolson has expressed similar concerns for similar reasons, and his procedures go a step …

Sit back, relax, and enjoy this long post about <a href='#' class='abbreviation' data-bs-toggle='tooltip' data-placement='top' title='United States District Court for the District of Delaware'>D. Del</a>. local rules...
Sit back, relax, and enjoy this long post about D. Del. local rules... XPS, Unsplash

The District of Delaware's local rules are available on the court's website, but they don't tell the whole story—there are a number of critical rules and practices set forth in other documents that are not as obvious on the site.

These can really trip you up if you're not familiar with D. Del. practice.

This post is geared towards mainly towards out-of-town or in-house counsel. It covers the basics and then lays out where to find some of those other important rules if you have a …