§ RULE 130. TRIAL

Codes > Delaware Superior Court Rules of Civil Procedure > XV. Rules > RULE 130.

RULE 130. TRIAL

(a) Submissions Without Witnesses. If the parties elect to forego witnesses at trial and submit briefs pursuant to Rule 129, trial shall consist of oral argument, or submission on briefs if oral argument is waived by the parties with the consent of the Court, to be scheduled and held by the Court within one week of the close of briefing pursuant to Rule 129.

(b) Witnesses. If the parties elect to present live witnesses at trial, the trial shall be scheduled to begin between thirty and sixty days after the close of discovery. Within thirty days after the close of discovery, the parties shall provide the Court with an agreed upon pre-trial order. The pre-trial order shall include a summary of the claims or defenses of each party, a list of the witnesses each party expects to introduce at trial, a list of the exhibits each party intends to introduce at trial and any objections thereto, a description of any other evidentiary disputes, a statement of facts not in dispute and a statement of disputed issues of fact. Absent contrary Court order, the trial shall be limited to five days, which shall be allocated equitably between the parties. Within ten days of the close of trial, each party shall file a post-trial brief including proposed findings of fact and conclusions of law. Each brief shall not exceed fifty pages.

(c) Decision After Trial. Within thirty days after the filing of the final brief, if no oral argument occurs, or within thirty days of argument if oral argument occurs, the Court will either render to the parties its decision after trial or will provide the parties an estimate of when the decision will be rendered. Such additional time shall not normally exceed an additional thirty days unless the assigned judge shall have filed a certification pursuant to Rule 130(d).

(d) Extensions. The schedule for trial or decision after trial or on motion to dismiss shall not be extended unless the assigned judge certifies that:

(1) The demands of the case and its complexity make the schedule under this Rule incompatible with serving the ends of justice; or

(2) The trial cannot reasonably be held or the decision rendered within such time because of the complexity of the case or the number or complexity of pending criminal cases.