Judicial Preferences
Judge Reneta L. Green-Streett Civil Case Management Preferences
Updated: August 4, 2022
For Attorneys & Legal Staff Only:
Diane Shanks, Administrative Specialist
Chambers
Phone: (302) 735-2121
Yvonne Lomax, Judicial Civil Case Manager
Prothonotary's Office
Phone: (302) 735-1925
Fax Numbers:
Chambers Fax: (302) 739-6720 *
Prothonotary Fax: (302) 739-6717 *
* Please advise the Administrative Specialist or Civil Case Manager by phone or email that a FAX transmission has been or is about to be sent to chambers or the prothonotary.
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.
Any letter to the Court requesting court action of some kind (in instances where a motion is not otherwise appropriate) must state the position of all parties, or otherwise must represent that opposing counsel or a self-represented party could not be reached despite reasonable efforts.
Only Delaware counsel, not legal staff or counsel admitted pro hac vice, may write directly to Judge Green-Streett. 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 Green-Streett's Administrative Specialist. Counsel requesting the teleconference will be expected to initiate the call.
Comments or questions from lawyers, paralegals, and other legal staff about Judge Green-Streett's preferences are welcome and should be directed to Judge Green-Streett's Administrative Specialist.
Email-Specific Preferences
In addition to Judge Green-Streett'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 authorized by Judge Green-Streett.
Subject to the foregoing restriction on emails in cases regarding self-represented litigants, substantive email messages may be directed to Judge Green-Streett either: (a) with Judge Green-Streett's advance approval; or (b) where exigent circumstances so require. Under these circumstances, email messages must be copied to all Delaware counsel of record and Judge Green-Streett's Administrative Specialist.
Administrative email messages should not be sent to Judge Green-Streett 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.
Related Cases
Counsel always should identify any “related” Superior Court cases on the Case Information Statement filed with the complaint, or with the answer, so that the new case is assigned to the same judge. If counsel belatedly realizes that the Case Information Statement(s) omitted reference to another pending case and a later-filed, related civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the later-filed case.
Initial Scheduling Conferences
After all responsive pleading(s) are filed, or default judgments entered where appropriate, counsel will be contacted by Judge Green-Streett's Civil Case Manager via electronic letter on File & Serve to schedule the Initial Scheduling Conference. Unless otherwise requested, Initial Scheduling Conferences will be held by telephone. Plaintiff's counsel will be responsible for setting up the teleconference. Delaware counsel and counsel admitted pro hac vice who are expected to play a substantive role in the matter are required to attend. If any of the parties are self-represented, the Court will conduct the Initial Scheduling Conference in the courtroom on the record. After the Initial Scheduling Conference, the Court will issue a Trial Scheduling Order via File & Serve.
Another attorney in the law firm of counsel for a party (other than the attorney(s) who signed the Complaint or the responsive pleading) may attend the Initial Scheduling Conference provided: (1) that attorney has a basic understanding of the case, (2) the case is not particularly complex, and (3) the attorney knows the trial attorney's trial availability.
After receiving the Initial Scheduling Conference date and time, if all counsel believe that the case is likely to settle soon, counsel for Plaintiff(s), speaking for all parties, may write the Court requesting the Initial Scheduling Conference's postponement. Unless ordered otherwise, the conference will be indefinitely postponed. Counsel for Plaintiff(s) must then submit a status report within sixty days of the date of the postponed conference.
If any counsel believes a Scheduling Order should have been issued, and none has been issued, counsel should contact Judge Green-Streett's Civil Case Manager to inquire about the delay. Reminder: A Scheduling Order is issued only after all defendants or third-party defendants have: (1) filed responsive pleadings, or (2) had default judgments entered against them.
Trial Scheduling Orders
Judge Green-Streett uses her standard Trial Scheduling Order for most civil cases. Trial Scheduling Orders establish firm deadlines. Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions. Amendments to Trial Scheduling Orders must be made by (1) appropriate motion or (2) joint stipulation, and ordered by the Court. If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state.
Judge Green-Streett will not approve any changes to the Dispositive Motion Deadline, stipulated or otherwise, without first conducting an office conference with the parties. If the parties wish to alter the Dispositive Motion Deadline, an office conference must be requested with the Court.
If all counsel think a case has a good chance of settling, and with agreement of all counsel, the Court may "double book" counsel for trial, as long as counsel understands the potential necessity to reschedule the latter case.
Appeals from Administrative Agencies, Boards, Commissions, and Courts
If there is an unusual delay in preparation of the record, counsel for appellant(s) should write to the Court to advise of the problem. Judge Green-Streett may take appropriate action to accelerate this process pursuant to Superior Court Appellate Administrative Order, March 21, 1995. Judge Green-Streett will schedule oral argument on a case-by-case basis. Additionally, any party to an administrative appeal may request oral argument. The Court may convene a teleconference with Counsel after the case's assignment to discuss its possible resolution.
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. The Court prefers briefs, exhibits, or appendices to be stapled or bound. Â Exhibits to briefs, chambers' copies of motions, or letters must be tabbed individually.
Citations and Compendia
Citations to unreported decisions should be to the Westlaw citation where possible. The Superior Court presently does not have ready access to Lexis. Exhibits and unreported cases not cited in Westlaw should be physically attached to the briefs and motions unless impractical because of their volume, in which case a separate compendium is appropriate.
Courtesy Copies
Two courtesy copies of all motions and briefs must be sent to chambers, other than motions to admit counsel pro hac vice. Courtesy copies should not be sent until the filing is accepted by the Prothonotary. The cover page of the courtesy copies should have the File & Serve Transaction ID Number printed on it.
Non-Dispositive Motions
Judge Green-Streett hears routine motions on the 2nd and 4th Friday of each month at 11:00 a.m. An attorney should contact Judge Green-Streett if that attorney believes the complexity or length of the argument suggests that another date and time would be more feasible.
Routine motions must be filed 10 days (excluding weekends and holidays) before the noticed date. Responses are due four days prior to the noticed hearing date. Two courtesy copies of both the motion and response must be sent promptly to chambers. 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 Green-Streett typically rules on such requests within a day.
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.
If no timely response is filed, and all parties to whom the motion relates are represented by counsel, the Court may deem the motion unopposed and grant it without a hearing. If a party does not oppose a routine motion, that party's counsel should so notify the court by letter as soon as possible. If a motion is unopposed, the moving party should so state in the motion itself, in which event no further notification is necessary.
Dispositive Motions
Dispositive motions shall be noticed at the convenience of the Court. The original motion, response and reply must be e-filed. No reply may be filed without permission. Two courtesy copies must be delivered promptly to chambers. Judge Green-Streett's Administrative Specialist will contact counsel via email with a date and time for the motion hearing.
The motion and response shall not exceed 6 pages, unless permission has been previously been granted 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 Green-Streett typically rules on such requests within a day.
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.
If no timely response is filed, and all parties to whom the motion relates are represented by counsel, the Court may deem the motion unopposed and grant it without a hearing. If a party does not oppose a dispositive motion, that party's counsel should so notify the court by letter as soon as possible. If a motion is unopposed, the moving party should so state in the motion itself, in which event no further notification is necessary.
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 whenever possible.
Jury Instructions
Proposed jury instructions are due the Wednesday before the trial date. 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. During trial, parties may submit additional proposed instructions that may be justified by the evidence presented, or circumstances arising, during trial.
Judge Green-Streett 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.
Pretrial Conferences
Trial counsel, including counsel admitted pro hac vice and Delaware counsel, 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. Request to attend by phone must be made in writing at least one day prior to the scheduled pre-trial. Pre-trial conferences are transcribed.
Motions in Limine
Any particularly significant evidentiary issue, other than Daubert motions, shall be raised by a motion in limine. The Court's Scheduling Order will address deadlines for filing motions in limine. Counsel should notice motions in limine to be heard at the convenience of the Court. The motion and response must be e-filed, with two courtesy copies delivered promptly to chambers. 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 6 pages unless permission previously has been granted to exceed the page limit. Refer to dispositive motions, above, regarding requests to exceed the page limit.
Basic Precepts
Delaware counsel are 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.
