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Judicial Preferences


Judge Sean P. Lugg Civil Case Management Preferences


Updated: September 24, 2024

For Attorneys & Legal Staff Only:

Wendy Wilkinson Administrative Specialist
Chambers
Phone: (302) 255-0670

Vacant, Judicial Civil Case Manager
Prothonotary's Office
Phone: (302) 255-0751

Vacant, Judicial Criminal Case Manager
Prothonotary's Office
Phone: (302) 255-0693

Valerie Petracca, Asbestos Case Manager (temporary)
Prothonotary's Office
Phone: (302) 255-0718

Jordan White, Law Clerk
Chambers
Phone: (302) 255-0637

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.

Only counsel, not legal staff, may write directly to Judge Lugg. All correspondence must be signed by an attorney in the law firm of the attorney of record.

A letter to Judge Lugg must be docketed electronically in the subject case. An electronic copy, as docketed, should be transmitted via email to Judge Lugg’s Administrative Specialist, Civil Case Manager, and Law Clerk. No courtesy hard copy of letters need be delivered to Judge Lugg’s chambers.

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 each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

Any motion or letter requesting rescheduling, additional time, expansion of the page limit or word count, or other similar action must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

A video or telephone conference with the Court may be requested by contacting Judge Lugg’s Administrative Specialist. Counsel requesting the conference shall arrange the required services.

Email should be limited to administrative-type emails to Court and chambers staff except as set forth later in these preferences. All emails should include the name of the subject case, the civil action number, and should be addressed to Judge Lugg’s staff

Administrative emails are not docketed. Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Lugg has approved such email filing in the subject case or (b) exigent circumstances exist.

Comments or questions from lawyers, paralegals, and other legal staff about Judge Lugg’s preferences are welcome and should be directed to Judge Lugg’s Administrative Specialist or Law Clerk.

SELF REPRESENTATION: Where a party is representing themselves, the references to ‘Counsel’ within these preferences apply to that party.

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.

TRIAL SCHEDULING: After responsive pleading(s) are filed and/or default judgment(s) entered, Judge Lugg’s Administrative Specialist will, with input from the parties, prepare a Trial Scheduling Order (“TSO”). Judge Lugg’s goal is to establish a TSO that (1) sets the earliest feasible trial date, and (2) is best suited to the particular case.

Judge Lugg uses his standard Trial Scheduling Order 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) motion or (2) joint stipulation and must be ordered by the Court; any motion must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached. If a party seeks to extend discovery or expert deadlines, without affecting remaining scheduled dates, the motion or stipulation should so state. The parties are to use Judge Lugg’s Amended Trial Scheduling Order and note the original and proposed (or agreed to) amended dates.

Note: Judge Lugg 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. If any attorney believes that a TSO should have been issued, but one has not been issued, counsel should contact Judge Lugg’s Administrative Specialist to request a TSO. Reminder: a TSO is generally issued only after all Defendants and third-party Defendants have (1) filed responsive pleadings or (2) had default judgments entered against them.

CONFERENCES: If a scheduling conference is needed it will usually be held by video or telephone, but may be conducted in chambers or in a courtroom when the circumstances require. 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 participate in the Conference provided (1) the 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 Conference by contacting Judge Lugg’s Administrative Specialist.

At least one sponsoring Delaware attorney per party must participate in a Conference with counsel admitted pro hac vice. This appearance may be either by phone or in person.

If mediation resolves the case, or in the event the case settles, Plaintiff’s counsel should notify chambers immediately by email to Judge Lugg’s Administrative Specialist, Civil Case Manager, and Law Clerk.

APPEALS FROM ADMINISTRATIVE AGENCIES, BOARDS, COMMISSIONS AND COURTS:

If there is an unusual delay in the preparation of the record, Appellant’s counsel should write to the Court to advise of the problem. Judge Lugg may take appropriate action to accelerate this process pursuant to the Superior Court Appellate Administrative Order (March 21, 1995). Oral argument is usually held in administrative appeals only if requested.

FORMATTING: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), and (h). Exhibits and appendices to briefs, courtesy copies of motions, or letter applications 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.

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. Instead each argument in the motion should be addressed substantively.

Any motion requesting rescheduling, additional time, expansion of the page limit or word count, or other similar action must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

Motions will usually be heard using videoconferencing technology. Counsel are to make the necessary arrangements with Courtscribes at Courtscribes.com and shall promptly circulate the meeting information. When an unrepresented party is unable to participate using videoconferencing technology, the hearing may be conducted in a courtroom.

ROUTINE MOTIONS: Routine Motions are defined in Paragraph VI.A.3. of the NCC Plan. Judge Lugg hears routine motions every Wednesday at 9:00 a.m. He may decide to hear a routine motion at a different time and, if so, will advise counsel. An attorney should contact Judge Lugg’s Administrative Specialist if that attorney believes the complexity or length of the argument on a motion suggests that another date and time would be more appropriate.

The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, in Judge Lugg’s cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date and (2) responses are due no later than 7 calendar days after the filing of the motion . A courtesy copy of both the motion and response (with exhibits) must be delivered to chambers. If no response is timely filed, the Court may deem the motion unopposed and grant the motion in advance of the hearing date.

A motion to continue a trial date shall be scheduled as a routine motion and must state the position of each other party or otherwise represent that opposing counsel or the self-represented party could not be reached.

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 parties of that disposition.

Questions regarding routine motions should be addressed to Judge Lugg’s Civil Case Manager.

Judge Lugg may 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. Referral to a Commissioner usually occurs immediately before the scheduled routine motion hearing date, and counsel will be so advised.

DISPOSITIVE MOTIONS: Counsel must obtain possible dates and times for oral argument on dispositive motions through Judge Lugg’s Administrative Specialist. If a party does not file a dispositive motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.

The provisions of Section VI of the NCC Plan and Superior Court Civil Rule 78(b) to the contrary notwithstanding, a response (with all supporting authority) to any dispositive motion is due no later than 14 days (excluding weekends and holidays) after the filing of the motion. Any reply is due no later than 7 days (excluding weekends and holidays) after the filing of the response. The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers. The motion, response, and reply shall each not exceed 6 pages (unless permission has previously been granted to exceed the page limit) and shall include a notice page indicating the time for argument.

If no response is timely filed, the Court may deem the motion unopposed and grant the motion without oral argument. An appendix may exceed 25 pages as necessary. After reviewing an issue-dispositive motion, Judge Lugg may order briefing. Oral argument on issue-dispositive motions may be held in chambers, by video conference, or by teleconference.

PRETRIAL STIPULATIONS: Counsel are expected to utilize Superior Court Civil Form 46 for Pretrial Stipulations. All legal or evidentiary issues worthy of pretrial identification and focus should be included in the stipulation with 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: Trial counsel, including pro hac vice counsel, must attend the Pretrial Conference. Pretrial conferences will usually be held by video conference.

JURY INSTRUCTIONS: Unless otherwise directed by the Court, proposed jury instructions must be filed the Wednesday before the trial date. A copy of proposed instructions must be sent in Microsoft Word format by e-mail to Judge Lugg’s Administrative Specialist. In some instances, the Court may require instructions to be filed with the Pretrial Stipulation so they may be discussed at the Pretrial Conference. This can help to focus the parties and the Court on the expected formulation of legal issues at trial.

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. Deadlines included in the Trial Scheduling Order control.

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 post-trial is more appropriate. Daubert-type motions in limine will presumptively be decided on a paper record.

BASIC PRECEPTS: Counsel should familiarize themselves with and abide by the courtroom professionalism standards adopted by the Court in 2004. View: Expectations of the Superior Court for Attorneys' Professionalism in a Courtroom Setting (April 18, 2004).

In cases with pro hac vice representation, local counsel is expected to attend trial and will be excused only for good cause. If local counsel has been excused and circumstances develop at trial, Judge Lugg may require local counsel to attend and actively participate in the remainder of the trial. Delaware counsel should at all times be prepared to try the case in the event the Court finds it necessary to revoke pro hac admission.

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 undue delay and unnecessary Court involvement.

Trial days customarily begin no later than 9:30 a.m. and conclude by no later than 4:30 p.m., with an hour for lunch (in addition to other shorter recesses). Judge Lugg will usually meet with counsel in chambers at 9:00 a.m. on the first day of trial.

Counsel desiring a courtroom with specific technology support should contact the Bailiffs’ Office (302) 255-0586 or (302) 255-0587 several days before the trial.

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 Court’s courtroom technology; (3) ensure that counsel or someone employed 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 a Court exhibit at the time the evidence is presented.

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 by email to Judge Lugg’s Administrative Specialist.

Counsel should avoid 'speaking' objections. Judge Lugg ordinarily will address substantive objections at sidebar. Objections as to form will be resolved immediately in the presence of the jury.