Letter by Chief Judge Stark Clarifying the District Court’s New Filing Policies and Procedures

On October 15, 2014, Chief Judge Stark issued a letter to provide clarification regarding the new filing and service deadline of 6 p.m., which becomes effective on October 16, 2014. It provides in pertinent part:

“For clarity, please understand that the 6:00 p.m. Eastern Time deadline applies to every filing and service deadline in every case in the District of Delaware, other than initial pleadings. Hence, the 6:00 p.m. deadline applies to the exchange among parties of discovery requests and discovery responses, and it applies even if such requests or responses are made by hand delivery.”

“Parties will not be permitted to alter the new deadline on a case-by-case basis. While each individual Judge retains the discretion to set a different deadline in a specific case with respect to a particular paper, the Judges of the Court agree that this discretion will be exercised rarely (most likely during trial).” (Open Letter to Counsel who Practice in the District of Delaware, from Chief Judge Stark, Oct. 15, 2014)

 Click here to download the entirety of Chief Judge Stark’s Open Letter.