A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Word Limits

"And another thing . . ." John Doyle

Most practicing Delaware attorneys can probably rattle off page limit requirements in their sleep, given how frequently we hear this question from out-of-town counsel.

Limits vary case-to-case based on differences scheduling orders and other circumstances, but below we've summarized some of the default limits set by the District of Delaware local rules, standing orders, and our judges' form scheduling orders.

[The irony of subjecting readers to a long post on word limits is not lost on me.]

The General Rule

Under LR 7.1.3, most motions are limited to:

  • Opening briefs = 20 pages
  • Answering briefs = 20 pages
  • Reply briefs = 10 pages

Everything must be double-spaced and in at least 12-point …

Longstanding practice in the District of Delaware, pursuant to the Court's local rules and the Judges' form scheduling orders and other standing orders, mandated page limits for briefing.
For example, the Court's local rules set limits of 20 pages for opening, briefs 20 pages for answering briefs, and 10 pages for reply briefs, all in 12 point font. See LR 7.1.3(a)(4); LR 5.1.1(a). However, since about mid-2019, some Judges here have permitted or required word limits in lieu of page limits for some types of documents.