Only counsel, not legal staff, may write directly to Judge Medinilla. 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 self-represented party could not be reached.

Email should not be used with Judge Medinilla except when (a) Judge Medinilla has approved same or (b) exigent circumstances exist. However, this does not preclude administrative-type emails, particularly to staff.

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

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

Comments or questions from lawyers, paralegals and other legal staff about Judge Medinilla's preferences are welcome.

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 Medinilla's Administrative Specialist will establish a scheduling conference. The Scheduling Conference Order (SCO) 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. Scheduling Conferences 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, counsel should notify chambers at least the day before the Scheduling Conference by phone to Judge Medinilla's 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 receiving a 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 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.

Note: Judge Medinilla 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 Order should have been issued, but one has not been issued, counsel should contact the Judicial Case Manager to inquire about the delay. Reminder: a scheduling conference is scheduled only 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 otherwise routine and that the Scheduling Conference could be handled by teleconference rather than in chambers, counsel for plaintiff(s) should notify chambers. Counsel are advised that such teleconferences may ultimately be handled by the Administrative Specialist. Unless otherwise ordered, counsel for plaintiff(s) shall initiate the teleconference at the designated time. Whether it is accomplished in person or by phone, Judge Medinilla's 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.

If Judge Medinilla is unexpectedly unavailable for the scheduling conference, the Administrative Specialist may conduct that conference and will notify counsel beforehand. However, if any attorney thinks the scheduling conference requires Judge Medinilla's handling, the conference will be rescheduled.

Scheduling 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 scheduling 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 Medinilla uses her 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 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.

COMPLEX COMMERCIAL LITIGATION DIVISION (CCLD) CASES:

Counsel shall file one (1) courtesy copy of their complaints, cross-claims, counterclaims, and any related exhibits with Judge Medinilla's Chambers as soon as possible.

After responsive pleading(s) are filed, Judge Medinilla's Administrative Specialist will contact counsel to schedule a Rule 16 conference. Counsel should review Judge Medinilla's CCLD Case Management Order-Jury Trial or CCLD Case Management Order-Bench Trial prior to the Rule 16 conference and come prepared to select a trial date and set deadlines. Judge Medinilla uses her standard CCLD CMO for most CCLD cases. The CMO sets forth firm deadlines. Failure to meet deadlines, without good cause, may result in the Court's refusal to allow extensions. CCLD CMO 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.

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 Medinilla 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. Sample Letter to Counsel in Administrative Appeals.