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Judicial Preferences


Judge Kathleen M. Miller Civil Case Management Preferences


Updated: September 1, 2023

For Attorneys & Legal Staff Only:

Stephanie Jackson, Administrative Specialist
Chambers
Phone: (302) 255-0669

Shané DeLoatch, Judicial Case Manager
Prothonotary’s Office
Phone: (302) 255-0709

Vacant, Judicial Criminal Case Manager
Prothonotary’s Office
Phone:

Michael Galbraith, Law Clerk
Phone: (302) 255-0639

Fax Numbers:

Chambers Fax: (302) 255-2273 *

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.

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 the communicating counsel represents. Only Delaware counsel may write directly to Judge Miller. All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.

Any letter to the Court requesting Court action (in instances where a motion is otherwise not appropriate) must state the position of all parties or represent that opposing counsel or self-represented party could not be reached. Requests for Court action should be submitted by motion, rather than by letter, with a Notice of Motion and Certificate of Service, as well as a proposed Form of Order.

A teleconference with the Court may be requested by contacting Judge Miller’s Administrative Specialist, Stephanie Jackson at 302-255-0669 or Stephanie.Jackson@Delaware.gov. Counsel requesting a teleconference will be expected to initiate the call.

Emails should not be directed to Judge Miller except (a) with Judge Miller’s prior approval or (b) when exigent circumstances exist. Administrative emails may be docketed. Substantive emails are docketed and must copy all counsel and include the civil action number. Email is not appropriate when a party is self-represented.

Comments or questions from lawyers, paralegals and other legal staff about Judge Miller’s preferences are welcome and should be directed to Stephanie Jackson.

Judge Miller makes every effort to be available by teleconference to resolve disputes that arise during depositions or to address other matters requiring expedited consideration.

Related Cases:

Counsel should always identify any “related” Superior Court cases on the Case Information Statement filed with the complaint or the answer so that the new case is assigned to the same judge. If counsel belatedly realize that the Case Information Statement 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.

ANSWERS TO COMPLAINTS, CROSS-CLAIMS, COUNTERCLAIMS and THIRD-PARTY COMPLAINTS:
An answer that complies with Superior Court Civil Rules 7 and 8 will not be rejected. However, Judge Miller prefers answers to re-state the allegations as numbered in the complaint, cross-claim, counterclaim or third-party complaint and state the answer to each paragraph.

Initial Scheduling:
After responsive pleading(s) are filed counsel will be contacted to set a scheduling teleconference to establish a case scheduling order. Counsel for plaintiff(s) will be directed to initiate the call. Counsel may request an office conference through Judge Miller’s Administrative Specialist at stephanie.jackson@delaware.gov. If counsel have not yet received an email scheduling a teleconference, counsel may contact Chambers to request that an initial conference be scheduled. Non-Delaware counsel may appear by telephone, with permission.

Trial Scheduling Orders:
Judge Miller's standard Case Scheduling Order will be used for most civil cases. Failure to meet deadlines, without good cause, may result in the Court’s refusal to allow extensions. Requests for amendment of scheduling and management orders must be made: (1) by motion; or (2) by joint stipulation to be considered by the Court, if the proposed amendments do not affect any dates requiring Court action (such as hearings on dispositive motions, pretrial conferences, or trial dates).

Parties must use the Stipulated Amended Case Scheduling Order form for any stipulations/proposed orders to amend the Case Scheduling Order, including the current deadline for each event and the proposed deadline for each event, whether or not the proposed order anticipates amendment of each date.

Appeals from Administrative Agencies, Boards, Commission 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 Johnston may take appropriate action to accelerate this process pursuant to Superior Court Appellate Administrative Order, March 21, 1995. Oral argument generally is not held in administrative appeals.

Formatting:

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). Chambers’ copies of exhibits to briefs, motions, and letters must be individually tabbed. Briefs, exhibits, or appendices must be stapled or bound. Judge Miller 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. Counsel are encouraged to use double-sided copying or printing for hard copied submitted to Chambers.

Case citations shall use Westlaw format for unreported decisions where possible. The Superior Court presently does not have ready capability to utilize Lexis. Judge Miller does not need a compendium of unreported authorities, unless such cases or other authority are not available on Westlaw.

Routine Motions:

Routine Motions are defined in Paragraph IV.B.3.a. of the NCC Plan and Superior Court Civil Rule 107(b). Judge Miller hears routine motions every Thursday at 9:00 a.m. The routine motions calendar is designed to resolve each motion in no more than 15 minutes. Counsel may contact Judge Miller's Administrative Specialist if the complexity of the motion requires a longer hearing. Routine Motions must be filed 10 days (excluding weekends and holidays) prior to the noticed date. Responses are due the Friday before the noticed hearing. 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 without a hearing. A motion to continue a trial date shall be scheduled as a routine motion.

Dispositive and Daubert Motions:

Counsel should obtain possible dates and times for oral argument through Judge Miller’s Administrative Specialist at Stephanie.Jackson@Delaware.gov. Two courtesy copies of the motion, response, and reply must be promptly delivered to Chambers. The motion and response shall not exceed 10 pages, unless permission has previously been granted. Replies shall not exceed 6 pages, unless permission has previously been granted. Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party’s position. The motion, response, and reply shall include a notice of hearing, indicating the date and time for argument. If no response is timely filed, the Court may deem the motion unopposed and grant the motion, without a hearing.

MOTIONS IN LIMINE:

Any particularly significant evidentiary issue, other than a Daubert motion, shall be raised by a motion in limine. Motions in limine shall be noticed to be heard at the pretrial conference. Responses are due in accordance with the Case Scheduling Order. No replies are permitted. The motion and response shall not exceed 10 pages, unless permission has previously been granted. Counsel should submit a request for additional words by stipulation or motion (noticed at the convenience of the Court) at least two business days prior to the filing deadline, stating the number of additional words requested and indicating the opposing party’s position.

PROPOSED ORDERS:

A proposed order must be uploaded separately from other documents. The proposed order must include a line for Judge Miller’s 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 a 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. Counsel 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 during trial 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, 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.

Delaware counsel are expected to attend trial.

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.

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.

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.

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.

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 demonstratives must provide the opposing party with the demonstrative 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.

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

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