Rule 144 Additional Procedures for Filing Discovery Motions in CCLD
Title XVI: Rules Governing Action Filed in the Superior Court’s Complex Commercial Litigation Division (“CCLD”)
Rule Text
Presentation of Motions. All motions which are filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules, with the exception of motions filed during the pendency of an oral deposition, shall be presented to the Court as follows:
No motion shall be filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules, and no such motion shall be accepted by the Prothonotary, unless such motion shall be accompanied by a certification of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion, detailing the dates, time spent, and method of communication in attempting to reach agreement, provided that the certification shall not be required for motions filed pursuant to Rule 37(d) of the Superior Court Civil Rules. Unless otherwise ordered, failure to so certify may result in dismissal of the motion. For purposes of this Rule, “a reasonable effort” must include oral communication that involves Delaware counsel for any moving party and Delaware counsel for any opposing party.