GENERAL: All correspondence addressed to the Court or its staff, whether by motion, letter, or email, must include the name of the case, the civil or criminal case number, and the name of the party the communicating counsel represents. All correspondence must also copy all Delaware counsel of record. Only Delaware counsel, not legal staff or counsel admitted pro hac vice, may write directly to Judge Vavala.

While formal correspondence with the Court may be appropriate for some minor requests, a motion must be filed if any significant court action is requested. See MOTIONS and BRIEFING below.

EMAILS: Email messages must be copied to all Delaware counsel of record and Judge Vavala’s Judicial Assistant, Angela James, at Angela.James@delaware.gov. Email is not appropriate when a party is self-represented unless previously authorized by Judge Vavala.

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

Substantive email messages may be directed to Judge Vavala: (a) with her advance approval or (b) where exigent circumstances so require. Emails sent after court hours and over weekends to Judge Vavala or her staff are generally not appropriate. But to the extent such emails pertain to a case in trial (or immediately pending trial), such emails should be directed to Judge Vavala’s Judicial Assistant at Angela.James@delaware.gov, and the appropriate civil or criminal judicial case manager, with a copy to Judge Vavala. All substantive emails are docketed.

TELECONFERENCES AND VIDEOCONFERENCES: Teleconferences or videoconferences are appropriate for most status conferences, pretrial conferences, routine motions, and some miscellaneous matters before the Court.

They may also be appropriate for some dispositive motions or hearings, but only with the Court’s permission. They are generally not appropriate for cases involving pro se litigants or criminal cases.

To set up a case scheduling conference, status conference, pretrial conference, dispositive motion argument, or miscellaneous hearing, please contact Judge Vavala’s Judicial Assistant, Angela James at Angela.James@delaware.gov or 302-255-0668.

Once a hearing date has been established, Counsel must take the lead to set up any video or teleconference. Counsel requesting a teleconference will be expected to initiate the call. If the conference is jointly requested, plaintiff(s) are directed to initiate the call. Counsel requesting a videoconference must contact CourtScribes to set up the conference and send a courtesy link to Chambers.

Note: Judge Vavala makes every effort to be available to resolve disputes that arise during depositions or to address other matters requiring expedited consideration.

Comments or questions from lawyers, paralegals, and other legal staff about Judge Vavala’s preferences are welcome and should be directed to Judge Vavala’s Judicial Assistant.

FORMATTING: Requests for Court action should be submitted in the form of a motion and include: a Notice of Motion, Motion, Certificate of Service, and proposed Form of Order. All requests for court action must state the position of all parties or represent that opposing counsel or self-represented party could not be reached. The Court strongly discourages any requests submitted in the form of letters or emails. Requests for Court action that are not submitted by motion may be rejected by the Court.

All motions must be signed by an attorney in the law firm of the Delaware attorney of record and copy opposing counsel and/or any pro se litigant.

Unless otherwise specified herein or in a separate order, all motions shall be formatted in the manner set forth in Superior Court Civil Rule 78(b). All briefs shall be formatted in the manner set forth in Superior Court Civil Rules 107(b), (d), (e), (h) and (j).

Motions must be filed with the New Castle Prothonotary’s Office and two (2) hard copy courtesy copies should contemporaneously be provided to Judge Vavala’s Chambers. Chambers’ copies of exhibits to briefs, motions, and letters must be individually tabbed. Briefs, exhibits, or appendices must be stapled or bound. Judge Vavala strongly prefers bindings that will permit the brief to lay flat when opened. Contrary to the NCC Plan, appendices may exceed 25 pages as necessary.

If no response is filed within the deadline, the Court may deem the motion unopposed and grant the motion before the hearing date. No Reply is permitted. Further briefing on the motion will be as ordered by the Court. When the pleadings have closed, the Court may schedule the matter for argument or decide the issue on the papers.

All motions and responses should be accompanied by a proposed form of order. See “Proposed Orders and Stipulations” (below) for further instructions.

ROUTINE MOTIONS: Routine Motions are defined in Paragraph IV.B.3.a. of the NCC Plan and Superior Court Civil Rule 107(b). Judge Vavala’s weekly routine motion calendar is on Thursday at 9:30 a.m. Please contact Judge Vavala’s Civil Case Managers Daviana.Jimenez@delaware.gov and Brian.Bashkow@delaware.gov. to schedule a motion hearing date. Pursuant to Super. Ct. Civ. R. 78, motions must be filed (10) days (excluding weekends and holidays) prior to the noticed hearing.

Responses are due no later than seven days (excluding weekends and holidays) after the filing of the motion or noon on the Friday before the motion date, whichever date is earlier, unless otherwise ordered. The motion and response shall not exceed four pages in length and shall have a notice indicating the argument or hearing date and time.

If no response is filed within the deadline, the Court may deem the motion unopposed and grant the motion before the hearing date. No Reply is permitted. Further briefing on the motion will be as ordered by the Court. When the pleadings have closed, the Court may schedule the matter for argument or decide the issue on the papers.

CASE DISPOSITIVE AND DAUBERT MOTIONS: All case dispositive and Daubert motions shall be filed no later than the deadlines indicated on the CSO. The Court will not consider motions filed after those dates absent exceptional circumstances. If either party desires argument or a hearing on the motion, the party must contact Angela James Angela.James@delaware.gov or 302-255-0668 to obtain a date and time for same.

The original motion and any response thereto shall be filed with the Prothonotary’s Office with a notice page indicating the argument or hearing date and time. Two courtesy copies (with exhibits) of motions and responses must also be delivered to Judge Vavala’s Chambers at the time of filing. Responses are due no later than 14 business days (excluding weekends and holidays) after the filing of the motion unless otherwise ordered. Failure to file a timely response may result in the Court deeming the motion as unopposed.

Motions and Responses: (a) shall not exceed six pages in length, without prior permission by the Court and (b) must include all supporting authority. No replies or surreplies are permitted, without prior permission by the Court. Further briefing and or hearings will be as ordered by the Court.

MOTIONS IN LIMINE (OTHER THAN DAUBERT MOTIONS): All motions in Limine (or any motion to exclude all or part of a witness’s testimony) shall be filed no later than the deadline indicated on the CSO. The Court will not consider motions filed after that date absent exceptional circumstances. The original motion and any response thereto shall be filed with the Prothonotary’s Office with a notice page indicating the argument or hearing date and time. Two courtesy copies (with exhibits) of motions and responses must also be delivered to Judge Vavala’s Chambers at the time of filing.

Motions in Limine (or any motion to exclude all or part of a document, recording, witness’s testimony, etc.) must be filed no later than the CSO deadline or 45 days before the Pretrial Conference. If not resolved at the Pretrial Conference, a date and time will be set at the Pretrial Conference for argument in advance of trial.

Unless a specific order provides otherwise, a response is due no later than seven business days after the filing of the motion in limine. Failure to file a timely response may result in the Court deeming the motion as unopposed. All motions and responses: (a) shall not exceed six pages in length, without prior permission from the Court and (b) must include all supporting authority. No replies or surreplies are permitted, without prior permission from the Court.

Further briefing and or hearings will be as ordered by the Court.

PROPOSED ORDERS: A proposed order must be uploaded separately from other documents and must include a line for Judge Vavala 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”). The filing also must be linked to the documents to which the proposed order refers or applies

STIPULATIONS: All Delaware counsel and/or self-represented litigants must sign the stipulation and [proposed] order before it will be considered by the Court. If the Stipulation is fully effectuated and does not need the judge’s signature to be implemented, the document type should be “Stipulation” - this document type does not put the document into judicial review.

PRETRIAL STIPULATIONS: Counsel is expected 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 if possible.

JURY INSTRUCTIONS: Proposed jury instructions are due in accordance with the Case Scheduling Order. The parties are to confer and attempt to agree upon jury instructions. If any instruction, or portion thereof, is disputed, or if the parties are requesting alternate instructions, counsel shall include within the proposed instruction the basis for the objection with a citation to the legal authority in support of the objection and, if applicable, the proposed alternative instruction. Parties may submit additional proposed instructions that may be justified by the evidence presented or circumstances arising during trial. Jury instructions are to contain a table of contents.

PRETRIAL CONFERENCES:: Trial counsel, including pro hac vice counsel, and pro se litigants must attend the Pretrial Conference. For good cause, such as distance and/or the nature of the case, pro hac vice counsel may be permitted to participate by phone, with prior permission from the Court.

MEET AND CONFER AHEAD OF TRIAL REGARDING EVIDENCE:: The Court expects the use of joint exhibits, whenever possible. Witness binders are helpful, but not required. Exhibits should be pre-marked.

Counsel intending to use demonstrative evidence must provide the opposing party with same 3 business days before trial. Demonstratives to be used during trial in response to testimony that was given for the first time at trial, must be provided to the opposing party at the earliest possible time. The parties are to promptly confer to seek to resolve any objections. Any demonstrative exhibit will not be shown to any witness prior to its use in Court, other than a witness to be called in the case-in-chief of the party proffering the demonstrative exhibit.

USE OF COURTROOM TECHNOLOGY: 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 courtroom technology; (3) ensure that counsel or someone engaged 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 an exhibit at the time the evidence is presented.

Counsel desiring a courtroom with specific technology support should contact the Court Security Officers’ Office at (302) 255-0888 at least a week before the trial or hearing.

INTERPRETERS: Counsel requiring use of an interpreter shall contact the Court Interpreter Coordinator at (302) 255-0166. Counsel is responsible for paying for and coordinating the appearance of a court-certified interpreter for all court appearances.

Trial days generally begin at 9:30 a.m. and must 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.

As trial issues arise, counsel should confer with opposing counsel before bringing an issue to the Court’s attention and seek to resolve the issue without Court involvement.

Counsel shall avoid “speaking” objections except as to forum. Objections as to form may be resolved immediately and in the presence of the jury. In a jury trial, Judge Vavala ordinarily will address substantive objections at sidebar.

Forms:

• Case Information Statement
• Civil Form 46 for Pretrial Stipulations
• Case Scheduling Order
• Stipulated Amended Case Scheduling Order (KMV)

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
• Guidelines to Help Lawyers Practicing in the Court of Chancery