A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Late

Analog Clock
None, Ocean Ng, Unsplash

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. …