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September 11, 2014
SUPERIOR COURT
Judge Eric M. Davis
Civil Case Management Preferences
Communications & Contacts Click Panel to Open
Contacts:
* Lisa Gonzalez, Administrative Specialist . Chambers . 302.255.0960
  * Michele Milburn, Judicial Civil Case Manager . Prothonotary's Office . 302.255.0737
  * Laura Najemy, Law Clerk . Chambers . 302.255.0640  
Chambers Fax: 302.255.2274
Prothonotary Fax: 302.255.2598
*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.
Only counsel, not legal staff, may write directly to Judge Davis. 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.

Email should not be used with Judge Davis except when (a) Judge Davis has approved same or (b) exigent circumstances exist. However, this does not preclude administrative-type emails, particularly to Court staff. Any email sent to Chambers should be sure to copy Judge Davisí Administrative Specialist and Judicial Civil Case Manager.

Administrative emails are not docketed. Administrative emails should only be sent to Judge Davis if not appropriate to send to other staff.

Substantive emails are docketed and must always include the civil action number.

If you are inclined to send an email to Chambers, please make sure to always copy, Judge Davisí Administrative Specialist and Judicial Civil Case Manager.

Comments or questions from lawyers, paralegals and other legal staff about Judge Davis' preferences are welcome and should be directed to Lisa Gonzalez or Michele Milburn.
Initial Stages
RELATED CASES: Counsel should always 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 that the subsequent civil case was assigned to a different judge, please promptly notify the Judicial Case Manager for the judge assigned to the subsequently filed case.

INITIAL SCHEDULING CONFERENCES: After responsive pleading(s) are filed and/or default judgment(s) entered, Judge Davis' Administrative Specialist will contact counsel with trial availability. A scheduling conference may be requested by parties if necessary. The trial scheduling order will be sent to counsel and/or self-represented parties setting a time for the conference within about 6 to 8 weeks after answers are filed and/or default judgments are entered. If a scheduling conference is scheduled, they are usually held in chambers, but are held in a courtroom when a party is self-represented.

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 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. If counsel other than a signatory of the complaint or the responsive pleading plans to attend, that counsel should notify chambers at least the day before the scheduling conference by phone or email to Judge Davis'
Administrative Specialist. If appropriate, counsel should confer about potential mediators before the scheduling conference. A directory of court-trained mediators is available on the Court's Web site. Counsel attending the Scheduling Conference should have authority to agree to a specific mediator, if at all possible.

After the Administrative Specialist reaches out to all parties, 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 scheduling of a trial date be postponed. Unless ordered otherwise, scheduling will be indefinitely postponed. Counsel for plaintiff(s) must then submit a status report within sixty days of the date of the postponed conference. 

Note: Judge Davis understands that the establishment of a trial date with related deadline dates can be helpful to resolve cases, even those that are likely to settle promptly. Counsel should proceed with the initial scheduling conference, even if prompt settlement of the case is likely, if any attorney in the case believes that a trial date with related deadlines will help resolve the case.

If any attorney believes that a Scheduling Conference Letter should have been issued, but one has not been issued, counsel should contact the Judge Davis' Civil Case Manager to inquire about the delay. Reminder: the Administrative Specialist will only reach out to counsel after all defendants or third-party defendants have (1) filed responsive pleadings or (2) had default judgments entered against them.

If all counsel agree that a case is in need of a Scheduling Conference, they shall notify the Court of such request once the responsive pleading is filed. Otherwise, the Administrative Specialist will reach out to counsel with available trial dates for scheduling. Judge Davis' goal is to establish a Trial Scheduling Order
that (1) sets the earliest feasible trial date and (2) is best suited to the dynamics of the particular case. A teleconference or in-person conference are possible ways of achieving this goal and the objectives of the March 28, 2000 Superior Court Civil Administrative Order.

Conferences involving Kent or Sussex County counsel will always be held by teleconference unless the Kent or Sussex County attorney(s) prefer to be present. At least one attorney per party admitted pro hac vice must participate in the conference, either by phone or in person.

If mediation resolves the case, counsel for plaintiff(s) should promptly so notify the Civil Case Manager and the Administrative Specialist by email or letter.


TRIAL SCHEDULING ORDERS: Judge Davis uses his standard Trial Scheduling Order (TSO) for most civil cases. The TSO sets forth firm deadlines. Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions. TSO amendments must be made by (1) appropriate motion or (2) joint stipulation, and must be 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.

If all counsel think a case has a good chance of settling, and with agreement of all counsel, the Court may 'doublebook' counsel for trial as long as all 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 the preparation of the record, counsel for appellant(s) should write to the Court to advise of the problem. Judge Davis may take appropriate action to accelerate this process pursuant to Superior Court Appellate Administrative Order, March 21, 1995. Oral argument is usually held in administrative appeals only if requested. The Court may convene a teleconference with counsel after the case's assignment to discuss its possible resolution.
Motions & Briefing
FORMATTING: Contrary to Superior Court Civil Rule 107(b) all briefs and motions should have one-inch margins, be written in 14 pt. Times New Roman font, and be double-spaced. Exhibits to briefs, courtesy copies of motions, or letters must all be individually tabbed. No briefs, exhibits, or appendices may be clipped or fastened with paper clips, binder clips, or metal three-ring fasteners, but must be stapled or bound. Case citations shall use Westlaw format for unreported decisions. 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 will be appropriate. 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.

ROUTINE MOTIONS: Routine Motions are defined in Paragraph IV.B.3.a. of the NCC Plan
.

Judge Davis hears routine motions every Monday at 9:00 a.m. He may decide to hear a routine motion at a different time, and will so advise counsel. Any attorney should contact Judge Davis' chambers if that attorney believes the complexity or length of the argument on a motion suggests that another date and time would be more feasible.

Routine Motions must be filed 10 days prior (excluding weekends and holidays) to the noticed date. Responses are due the Tuesday prior to presentation. A courtesy copy of both the motion and response must be filed in chambers. If no response is timely filed, the Court may deem the motion unopposed and grant the motion in advance.

A motion to continue a trial date shall be scheduled as a routine motion.

If counsel does not oppose a routine motion, non-opposing counsel should so notify the Court by letter. If possible, an unopposed motion should represent that non-opposition in the motion itself (if such non-opposition is known to the movant) in which event no further notification is necessary.

If an Order is entered before the hearing, the Court will promptly notify the attorney for the movant.

Judge Davis will often refer substantive non-routine discovery motions to a Commissioner. Depending on that Commissioner's availability, the discovery motion may be heard at 9:00 a.m. on a Tuesday; otherwise, the Commissioner will schedule a hearing date. Discovery motions are usually referred to a Commissioner immediately before the scheduled routine motion hearing date, and counsel will be so advised.


DISPOSITIVE AND DAUBERT MOTIONS: Case dispositive and Daubert motions shall be noticed at the convenience of the Court. The motion shall be e-filed with one (1) courtesy copy with exhibits delivered to Judge Davis in chambers. Unless otherwise notified by the Court responses are normally due no later than four (4) days prior to the date of the hearing. Responses shall also be e-filed and one (1) courtesy copy delivered to Judge Davis in chambers. Unless otherwise ordered by the Court, the motion and the response shall not exceed six (6) pages in length and typeset in Times New Roman 14 pt. font. Case names should be italicized or underlined. Footnotes shall be single-spaced and typeset in Times New Roman 12-point font with two spaces between sentences. Once the motion is received in Chambers, Judge Davisí assistant, Lisa Gonzalez, will reach out to all parties to schedule a date before Judge Davis. If you have any questions about how to file the dispositive motion, contact Lisa Gonzalez or (302) 255-0960. No reply by the moving party is permitted..

If no response is timely filed, the Court may deem the motion unopposed and grant the motion. Contrary to the NCC Plan at IV.A.2.c., an appendix may exceed 25 pages as necessary.
Pretrial/Evidentiary Matters
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.

PRETRIAL CONFERENCES: Proposed jury instructions must be filed on the Wednesday before the day of trial. A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Gonzalez. In complex cases, the Court may require that instructions be filed with the Pretrial Stipulation and at least discussed at the Pretrial Conference. This can help to focus the parties and the Court on the way legal issues will be formulated at trial..

Trial counsel, including pro hac vice counsel, 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.

Pretrial Conferences are reported.

MOTIONS IN LIMINE: Any particularly significant issue, including Daubert issues, should be raised by motion in limine. Motions in limine are usually filed and responded to well before the Pretrial Conference.

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 Court will usually rule on all motions in limine at the Pretrial Conference, unless resolution at trial, or at some later time, is more appropriate. Daubert-type motions shall be filed at the convenience of the Court and a hearing date will be provided by chambers if necessary.
Trials & Courtroom Proceedings
BASIC PRECEPTS: Local counsel is expected to attend trial, but may be excused for good cause. However, if circumstances develop at trial, Judge Davis may require local counsel to attend, and/or actively participate, in the remainder of the trial.

As trial issues arise, counsel should confer with opposing counsel before bringing the 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 customarily begin at 9:30 a.m. and conclude at 4:30 p.m., with an hour for lunch (in addition to other shorter recesses). Judge Davis will usually meet with counsel in chambers at 9:30 a.m. on the first day of trial and jury selection will begin at 10:00 a.m.

Counsel desiring a courtroom with specific technology support should contact the Bailiffs' Office 302.255.0888 several days before the trial.

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

Court submissions that are likely to be revised by the Court, i.e., proposed jury instructions and voir dire questions, should be submitted in Microsoft Word format ONLY.