Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 887

Declaration of Mia Mazza In Support Of Apples Administrative Motion For Clarification Regarding April 12 Order filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Tucher, Alison) (Filed on 4/26/2012)

Exhibit 7

LOCAL RULES
OF
CIVIL PRACTICE AND PROCEDURE
OF THE
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF DELAWARE
(Amended Effective April 30, 2010)

Preface to the 2010 Amendments

It has been three years since the Local Rules of Civil Practice and Procedure were
amended by the Court. Since the last amendments were made effective, the Federal
Rules of Civil Procedure have been amended in several respects, including rules relating
to computation of time. The amendments made herein are meant to reflect these
amendments and to address other practices of the Court and of the Bar.
The Judges of the Court take this opportunity to thank the members of the Bar
named below who gave the Court their time and advice regarding this project.
Members of the U. S. District Advisory Committee
Kathleen Furey McDonough, Esquire, Chair
Richard G. Andrews, Esquire
Neal C. Belgam, Esquire
Edson A. Bostic, Esquire
Richard K. Herrmann, Esquire
Kathleen M. Jennings, Esquire
Richard D. Kirk, Esquire
William J. Marsden, Esquire
Pauline K. Morgan, Esquire
Maryellen Noreika, Esquire
Collins J. Seitz, Jr., Esquire
David Weiss, Esquire
Gregory B. Williams, Esquire
Gregg E. Wilson, Esquire

TABLE OF CONTENTS
I.

SCOPE OF THE RULES

1

1.1.

Scope of the Rules

1

1.2.

Availability of the Local Rules

1

1.3.

Sanctions

1

II.

COMMENCEMENT OF ACTION; PROCESS; SERVICE AND
FILING OF PLEADINGS AND OTHER PAPERS

2

3.1.

Civil Cover Sheet

2

3.2.

Patent Cases

2

4.1.

Service of Process

2

5.1

Filing

3

5.1.1.

General Format of Papers Presented for Filing

3

5.1.2.

The Filing of Nonconforming Papers

4

5.1.3.

Filing Documents Under Seal

4

5.2.

Service

4

5.3.

Originals and Copies of Filed Documents

4

5.4.

Discovery Materials

4

III.

PLEADINGS AND MOTIONS

5

7.1.1.

Statement Required to be Filed with Nondispositive Motions

5

7.1.2.

Motions

6

7.1.3.

Form and Contents of Briefs,
Memoranda of Points and Authorities, and Appendices

6

7.1.4.

Oral Argument

8

7.1.5.

Reargument

8

9.2.

Request for Three-Judge District Court

8

9.4.

Pleading Claim for Unliquidated Damages

9

15.1.

Form of a Motion to Amend and Its Supporting Documentation

9

16.1.

Fed. R. Civ. P. 16(b) Scheduling Conference

9

16.2.

Exemptions from Fed.. R. Civ. P. 16(b) and 26(f)

10

16.3.

Pretrial Conference and Procedure

11

16.4.

Requests for Extensions of Deadlines

13

IV.

PARTIES

13

23.1.

Designation of "Class Action" in the Caption

13

V.

DEPOSITIONS AND DISCOVERY

13

26.1.

Form of Certain Discovery Papers

13

26.2.

Confidentiality

13

30.1.

Reasonable Notice for Taking Depositions

14

30.2.

Deposition Motions

14

30.3.

Who May Attend Deposition

14

30.4.

Procedures for Recording Depositions

14

30.5.

Original Deposition Transcripts

15

30.6.

Depositions Upon Oral Examination

15

37.1.

Discovery Motions to Include the Discovery at Issue

15

VI.

TRIALS

16

38.1.

Notation of "Jury Demand" on the Pleading

16

40.1.

Assignment of Cases; Duty Judge

16

41.1.

Dismissal for Failure to Prosecute

16

43.1.

Witnesses Conferring with Counsel During Testimony

16

47.1.

Voir Dire of Jurors

17

47.2.

Communication with Jurors

17

48.1.

Number of Jurors

17

51.1.

Instructions to the Jury and Special Verdicts and Interrogatories

17

VII.

JUDGMENTS

18

54.1.

Taxation of Costs

18

54.2.

Jury Cost Assessment

21

54.3.

Award of Attorneys’ Fees

21

VIII.

PROVISIONAL AND FINAL REMEDIES

21

58.1.1.

Entry of Judgment by Confession and Execution Thereon

21

58.1.2.

Entry of Judgment by Confession in Open Court

25

67.2.

Moneys Deposited in the Custody of the Clerk

26

67.3.

Withdrawal of a Deposit Pursuant to Fed. R. Civ. P. 67

27

68.1.

Offers of Judgment Filed Only if Accepted

27

69.1.

Execution

27

71A.1.

Condemnation Cases

27

IX.

UNITED STATES MAGISTRATE JUDGES

27

72.1.

Magistrate Judges; Pretrial Orders

27

73.1.

Magistrate Judges; Trial by Consent

29

X.

DISTRICT COURTS AND CLERKS

30

77.1.

Hours of the Clerk's Office

30

77.2.

Orders and Judgments by the Clerk

30

79.1.

Custody and Return of Exhibits

31

79.2.

Custody of Files and Documents not in Electronic Format

31

80.1.

Court Reporting Fees

31

XI.

MISCELLANEOUS PROVISIONS

31

81.1.

Caption on Removed Cases

31

81.2.

Cases Transferred or Removed to this Court

32

83.2.

Photographs and Broadcasting

32

83.4.

Security of the Court

32

XII.

ATTORNEYS

32

83.5.

Bar Admission

32

83.6.

Attorney Discipline

34

83.7.

Substitution and Withdrawal of Attorney

40

XIII.

FORM FOR MOTION FOR ADMISSION PRO HAC VICE

41

I. SCOPE OF THE RULES
RULE 1.1. Scope of the Rules.
(a)
Title and Citation. The rules that follow shall be known as the Local
Rules of Civil Practice and Procedure of the United States District Court for the District
of Delaware (hereinafter referred to as “the Rules”). The Rules shall be cited as "D. Del.
LR ."
(b)
Effective Date. The Rules become effective on April 30, 2010. The Rules
supercede any local rules effective prior thereto and shall govern all civil proceedings
pending on the effective date, unless otherwise ordered.
(c)
Application. The Rules shall be construed consistent with 1 U.S.C. §§ 1-5
and shall be followed insofar as they are not inconsistent with the Federal Rules of Civil
Procedure (hereinafter “Fed. R. Civ. P.”). The Rules, as well as all procedures
promulgated by either the Clerk of Court (“the Clerk”) or any Judge’s chambers, shall be
on the Court’s website at www.ded.uscourts.gov.
(d)
Modification. The application of the Rules in any case or proceeding may
be modified by the Court in the interests of justice.
RULE 1.2. Availability of the Local Rules.
(a)
Copies. Copies of the Rules, as amended and with any appendices
attached hereto, can be viewed on and downloaded from the Court’s website,
www.ded.uscourts.gov. Paper copies are available from the Clerk for a reasonable
charge to be determined by the Court.
(b)
Amendments. Consistent with Fed. R. Civ. P. 83 and 28 U.S.C. § 2071,
notice shall be provided of:
(1)

Any amendments to the Rules;

(2)

The ability of the public to comment thereon; and

(3)

Final adoption of the amendments.

RULE 1.3. Sanctions.
(a)
In General. Sanctions may be imposed, at the discretion of the Court, for
violations of the Rules, as well as for violations of the Fed. R. Civ. P. and any order of
the Court. Such sanctions may include, but are not limited to, costs, fines and attorneys’
fees imposed on the offending party and that party’s attorney.
1

(b)
Substantive Sanctions. In addition to financial penalties, failure of
counsel to comply with the Rules relating to trial preparation may be considered an
abandonment or a failure to prosecute or defend diligently, and judgment may be entered
against the defaulting party either with respect to a specific issue or the entire case.
Likewise, failure of counsel to comply with the Rules relating to motions may result in
the determination of the motion against the offending party.

II. COMMENCEMENT OF ACTION; PROCESS;
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
RULE 3.1. Civil Cover Sheet.
(a)
In General. Except for civil actions initiated by prisoners who are not
represented by counsel, every party initiating a civil action in the Court shall complete
and file with the Clerk a civil cover sheet, a form available from the Clerk. To the extent
that counsel for a plaintiff has not completed the entire civil cover sheet accurately,
counsel for a defendant shall bring such missing or inaccurate information to the
attention of the Clerk, all parties, and the Court.
(b)
Indication of Related Actions. Counsel for a plaintiff in a civil action
shall indicate on the civil cover sheet if said action is related to any other civil action
previously decided or pending in this or any other federal district court. Civil actions are
related if they:
(1)
Arise from the same or substantially identical transactions,
happenings, or events as the case at bar;
(2)

Involve the same or substantially the same parties or property;

(3)

Involve the same patent or the same trademark; or

(4)
For other reasons would entail substantial duplication of labor if
heard by different judges.
RULE 3.2. Patent Cases.
In all patent cases, copies of the patents at issue shall be attached and filed with
the complaint.
RULE 4.1. Service of Process.
(a)
Summons. Except as to those cases proceeding pursuant to 28 U.S.C.
§ 1915(d), upon or after the filing of a complaint, plaintiff or plaintiff’s counsel must
present to the Clerk, for the Clerk’s signature and seal, a completed form of summons for
2

“This order shall control the subsequent
course of the action, unless modified by the
Court to prevent manifest injustice.”
RULE 16.4. Requests for Extensions of Deadlines.
Unless otherwise ordered, a request for an extension of deadlines for completion
of discovery or postponement of the trial shall be made by motion or stipulation prior to
expiration of the date deadline, and shall include the following:
(a)

The reasons for the request; and

(b)
Either a supporting affidavit by the requesting counsel’s client or a
certification that counsel has sent a copy of the request to the client.

IV. PARTIES
RULE 23.1. Designation of "Class Action" in the Caption.
In any case sought to be maintained as a class action, the complaint or other
pleading asserting a class action shall include, next to its caption, the legend "Class
Action."

V. DEPOSITIONS AND DISCOVERY
RULE 26.1. Form of Certain Discovery Papers.
(a)
Sequential Numbering. Each party shall number sequentially each
interrogatory or request it submits; the responses thereto shall be numbered consistently.
Each subpart of an interrogatory or request shall be counted as a separate interrogatory or
request.
(b)
Form of Responses. The party answering, responding, or objecting to
interrogatories or requests served pursuant to Fed. R. Civ. P. 33, 34 or 36 may state any
general objections and then shall quote each such interrogatory or request in full
immediately preceding the substance of the answer, response, or objection thereto.
RULE 26.2. Confidentiality.
If any documents are deemed confidential by the producing party and the parties
have not stipulated to a confidentiality agreement, until such an agreement is in effect,
disclosure shall be limited to members and employees of the firm of trial counsel who
have entered an appearance and, where appropriate, have been admitted pro hac vice.
13

Such persons are under an obligation to keep such documents confidential and to use
them only for purposes of litigating the case.
RULE 30.1. Reasonable Notice for Taking Depositions.
Unless otherwise ordered by the Court, "reasonable notice" for the taking of
depositions under Fed. R. Civ. P. 30(b)(1) and 30(b)(6) shall be not less than 10 days.
RULE 30.2. Deposition Motions.
Pending resolution of any motion under Fed. R. Civ. P. 26(c) or 30(d), or such
other form of application for relief as the Court may prescribe, neither the objecting
party, witness, nor any attorney is required to appear at a deposition to which a motion is
directed until the motion is resolved.
RULE 30.3. Who May Attend Deposition.
Unless otherwise ordered by the Court, or agreed to by all parties, a deposition
may be attended only by:
(a)

The deponent;

(b)

Counsel for any party and members and employees of their firms;

(c)

A party who is a natural person;

(d)
An individual who has been designated by counsel to represent a party
that is not a natural person;
(e)

Counsel for the deponent; and

(f)

Any consultant or expert designated by counsel for any party.

If a protective order has been entered, any person who is not authorized under the
order to have access to documents or information designated confidential may be
excluded while a deponent is being examined about such confidential document or
information.
RULE 30.4. Procedures for Recording Depositions.
(a)
Beginning. An oral deposition to be electronically or magnetically
recorded shall begin by the operator stating on the record:
(1)

The operator's name and address;
14