Judicial Preferences

GENERAL COMMUNICATION PREFERENCES:

All communications addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil action number, and the name of the party whom communicating counsel represents.

Only counsel, not legal staff, may write directly to Judge Horton. All correspondence must be signed by an attorney in the law firm of the attorney of record.

Any letter to the Court requesting Court action of some kind (in instances where a motion is otherwise not appropriate) must state the position of all parties or otherwise represent that opposing counsel or the self-represented party could not be reached.

Whenever possible, Judge Horton prefers requests for Court action to be submitted by motion, rather than by letter, with a Notice of Motion, Certificate of Service, and proposed Form of Order so the Court can rule electronically. This will expedite Court action on requests for relief.

Only Delaware counsel, not legal staff or counsel admitted pro hac vice, may write directly to Judge Horton. All correspondence must be signed by a Delaware attorney in the law firm of the attorney of record and must be copied to opposing counsel.

A teleconference with the Court may be requested by contacting Judge Horton's Administrative Specialist. Counsel requesting the teleconference will be expected to initiate the call.

Judge Horton makes every effort to be available by teleconference to resolve disputes that arise, or to address other matters requiring expedited consideration. If counsel anticipates that issues are likely to arise, it is helpful to alert chambers in advance.

Comments or questions from lawyers, paralegals, and other legal staff about Judge Horton's preferences are welcome and should be directed to Judge Horton's Administrative Specialist and Civil Case Manager.

EMAIL-SPECIFIC PREFERENCES:

In addition to Judge Horton's general preferences regarding communications, counsel or staff utilizing email should be aware of the following:

All substantive and some administrative emails are docketed and always must include the civil action number. The use of email is not permitted when the case includes a self-represented party, unless previously permitted by Judge Horton.

Subject to the foregoing restriction on emails in cases regarding self-represented litigants, substantive email messages may be directed to Judge Horton either (a) with Judge Horton's advance approval; or (b) where exigent circumstances so require. Under these circumstances, email messages must be copied to all Delaware counsel of record, Judge Horton's Administrative Specialist, and Judge Horton's Law Clerks.

Administrative email messages should not be sent to Judge Horton unless they are not appropriate to send to Court staff. Administrative emails may be sent to Court staff if all parties are represented by counsel and are copied on the email.

FORMATTING:

All briefs and motions must have numbered pages, no less than one-inch margins, and be written in Times New Roman 14 pt. type and double-spaced. All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h).

CITATIONS AND COMPENDIA:

In addition to Superior Court Rule 107(g), Judge Horton finds it useful when counsel provides a compendium of "key" authorities, i.e., those authorities, reported or unreported, the party considers key to resolving the issues before the Court.

If counsel is relying on a treatise or other secondary source to support an important issue, it is helpful to provide a copy of the table of contents and the excerpt relied upon, unless it is a secondary source readily available to the Court, such as a law review article, Restatement section, or Delaware treatise.

COURTESY COPIES:

Judge Horton prefers electronic two (2) physical courtesy copies. Courtesy copies of all motions and supported submissions must be sent to Chambers via email to Judge Horton's Administrative Specialist and Law Clerks, with a copy to all Delaware counsel of record. Two physical courtesy copies must be mailed or hand delivered to Judge Horton's chambers. Courtesy copies should not be sent until the filing is accepted by the Prothonotary. The first page of the courtesy copies should have the File & Serve time stamp printed on it.

Courtesy copies of briefs, exhibits, or appendices must be stapled or bound and tabbed individually.

Judge Horton strongly prefers spiral binding or other bindings that allow the brief to lay flat when opened. Please give thought to the size of your courtesy copies; if the bound copy would be more than 3 inches thick, consider separating the copy into two volumes. Counsel is encouraged to use double-sided copying or printing for copies submitted to Chambers.

ROUTINE MOTIONS:

Judge Horton hears routine motions every Wednesday at 9:00 a.m. Routine motions do not include dispositive motions, Daubert motions, motions in limine, or any other motion that is likely to require more than twenty minutes to resolve. Counsel may contact Judge Horton's Administrative Specialist if a motion that typically would be heard on the routine calendar is sufficiently complex that it requires a longer hearing.

Contrary to Paragraph IV of the NCC Superior Court Civil Case Management Plan, in Judge Horton's cases: (1) routine motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 5 calendar days prior to the presentation date. If no response is timely filed, the Court may deem the motion unopposed and grant the motion in advance of the hearing date. If a party does not oppose a routine motion, that party's counsel should promptly notify the Court by letter. If possible, if a motion is unopposed, the moving party should so state in the motion itself, in which event no further notification is necessary.

When responding to a motion, avoid using terms and phrases typically used in answers to complaints (Admitted, Denied as Stated, etc.) in numbered paragraphs corresponding to the numbered paragraphs in the motion.

The motion and the response shall not exceed six pages unless the party first obtains permission to exceed the page limit. Parties who seek to exceed the page limit should file a letter, at least two days before the deadline for the filing, requesting permission to exceed the page limit, specifying the number of additional pages sought, and indicating opposing counsel's position on the request. Judge Horton typically rules on such requests within a day.

MOTIONS IN LIMINE:

Any particularly significant evidentiary issue, other than Daubert motions, shall be raised by a motion in limine. There is no bright line test for whether a legal or evidentiary issue should be (1) raised by a motion in limine, (2) simply identified in a Pretrial Stipulation, or (3) not mentioned at all (if truly minor). If the issue is particularly significant and should be resolved at the Pretrial Conference, a motion in limine should be filed. The motion shall be noticed for the Pretrial Conference date provided within the Trial Scheduling Order.

Unless a specific order entered in the case provides otherwise, a response (with all supporting authority) is due no later than 7 business days after the motion in limine is filed. Failure to file a timely Response may result in the Court deeming the motion unopposed.

The motion and response shall not exceed 4,000 words unless permission previously has been granted to exceed the word limit. Refer to dispositive motions, below, regarding requests to exceed the word limit. Motions and responses must include in the signature block the phrase "Words:", followed by the number of words in the document. Use of that phrase constitutes a certification by the signatory of the document, whether counsel or unrepresented party, that the document complies with the word limit.

DISPOSITIVE MOTIONS AND DAUBERT MOTIONS:

Dispositive and Daubert motions shall be noticed at the convenience of the Court. Unless a specific order entered in the case provides otherwise, Counsel should submit a stipulated briefing schedule. After all papers have been submitted, Counsel must obtain possible dates and times for oral argument through Judge Horton's Administrative Specialist.

All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), and (h). The motion and response shall not exceed 8,000 words. The reply shall not exceed 5,500 words.

Counsel who seeks to exceed the word limit should file a letter, at least two business days before the deadline for the filing, requesting permission to exceed the word limit, specifying the number of additional words sought, and indicating opposing counsel's position on the request.

PROPOSED ORDERS:

A proposed order must be uploaded as a supporting document to the documents to which the proposed order refers or applies from any other documents and filed in editable Word format. The proposed order must include a line for Judge Horton's signature. The document title must state with particularity what motion the proposed order addresses (for example, "Proposed Order Granting Plaintiff's Motion for Summary Judgment").

STIPULATIONS:

All Delaware counsel and/or self-represented litigants must sign a stipulation before it will be considered by the Court.

If the Stipulation is signed by all parties, and does not need the judge's signature to be effective, the document type should be 'Stipulation' this document type does not put the document into judicial review. All stipulations to alter scheduling orders, to vacate a trial date, or any other matter likely to affect the Court or its schedule require the judge's signature. When in doubt, counsel should file a stipulation as one requiring the judge's signature.

PRETRIAL STIPULATIONS:

Counsel are required to utilize Superior Court Civil Form 46 for Pretrial Stipulations. All legal or evidentiary issues worthy of pretrial identification and focus should be identified in the stipulation with brief citation(s) of legal authorities relied upon. Legal issues raised in the pretrial stipulation will be resolved at the pretrial conference wherever possible. Pretrial stipulations are in accordance with the Trial Scheduling Order.

JURY INSTRUCTIONS:

Proposed jury instructions are due in accordance with the Trial Scheduling Order. Counsel shall discuss and attempt to agree upon appropriate jury instructions. If any instruction or portion of an instruction is disputed, or if the parties are requesting alternate instructions, counsel shall include within the proposed instruction a citation to the legal authorities' counsel contends support his or her client's position. Parties may submit during trial additional proposed instructions that may be justified by the evidence presented, or circumstances arising, during trial. Jury instructions shall be submitted with a table of contents.

Judge Horton will conduct a conference with counsel at 9:00 a.m. the morning trial begins to discuss jury instructions and any other last-minute issues.

Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, shall be submitted in Word to Judge Horton's Administrative Specialist.

PRETRIAL CONFERENCES:

Trial counsel, including counsel admitted pro hac vice, must attend the Pretrial Conference. For good cause, such as distance and/or the nature of the case, counsel admitted pro hac vice may be permitted to participate by phone if a request is sent to Judge Horton's Administrative Specialist sufficiently in advance of the pretrial conference. Pretrial conferences are transcribed.

MOTIONS IN LIMINE: See Motions, above.

SETTLEMENTS:

If a pending case is resolved, plaintiff's counsel should notify Chambers immediately via email to Judge Horton's Administrative Specialist, Case Manager, and Law Clerk. As a rule, proper documentation should be submitted to the Court within sixty days of settlement, or plaintiff's counsel should file a status report if documentation has not been finalized. If, however, a case resolves less than sixty days before the scheduled trial, then the proper documentation must be submitted no later than the deadline for the pre-trial stipulation. Cases will NOT be removed from the trial calendar unless a stipulation of dismissal resolving the entire case has been filed with the Court. In the alternative, counsel must make a joint request for continuance of the scheduled trial date.

BASIC PRECEPTS:

Delaware counsel is expected to attend trial. Delaware counsel at all times should be prepared to try the case in the (unlikely) event the Court finds it necessary to revoke pro hac admission.

As trial issues arise, counsel should confer with opposing counsel before bringing an issue to the Court's attention to avoid unnecessary surprise to any other party and to seek resolution of the issue without need of Court involvement.

Trial days begin at 9:30 a.m. and conclude at 4:30 p.m., with an hour for lunch (in addition to periodic shorter recesses), except for the first day of trial, which begins at 9:00 a.m.

Counsel desiring a courtroom with specific technology support should contact the Court Security Office at (302) 255-0888 several days before the trial.

Counsel intending to present any evidence via electronic media (e.g., audio, video, DVD, etc.) should: 1) confer with opposing counsel to ensure all necessary redactions or revisions are completed before the start of trial; 2) ensure the media source is compatible with the Court's courtroom technology; 3) ensure that counsel or someone employed by counsel is available and competent to present the evidence at trial; and 4) ensure one copy of the evidence presented (and a transcript thereof, if applicable) is prepared and ready to be marked and submitted as a Court exhibit at the time the evidence is presented. The Court prefers 2 hard copies of exhibits and 2 digital copies. (In cases involving a high volume of exhibits, however, hard copies may not be feasible.)

The Court expects the use of joint exhibits, whenever possible. Witness binders are helpful. Exhibits should be pre-marked whenever possible.

Counsel intending to use demonstrative exhibits during opening statements should confer with opposing counsel several days before the trial and seek to resolve any issues.

Counsel requiring use of an interpreter shall contact the Court Interpreter Coordinator at (302) 255-0166. Counsel, not the Court, is responsible for coordinating the appearance of a court-certified interpreter for all court appearances.

Counsel shall avoid "speaking" objections. In a jury trial, Judge Horton ordinarily will address substantive objections at sidebar. Objections as to form will be resolved immediately and in the presence of the jury.

After each proceeding or trial day, counsel should ensure that the area is neatly arranged and all trash has been disposed.

The Court expects all counsel to act in a manner consistent with the highest principles of ethics and professionalism.

Forms:

• Case Information Statement
• Civil Form 46 for Pretrial Stipulations

Court Documents:

• Administrative Directives
• Administrative Orders
• Appellate Administrative Order: Standard for Timely Disposition (March 21, 1995)
• Case Management Plan, NCC
• Civil Administrative Order: Policy, Time Standards and Procedures (March 28, 2000)
• Mediators Directory, NCC
• Orders & Opinions
• Rules of Civil Procedure
• Uniform Citation (DE)

Ethics:

• Principles of Professionalism for Delaware Lawyers
• Principles of Professionalism for Delaware Judges