District of Delaware Exhibit Requirements
The District of Delaware is one of the most important federal courts for intellectual property and corporate litigation. Due to Delaware's status as the incorporation home for most major corporations and the court's patent expertise, D.Del handles a disproportionate share of complex commercial disputes. Check the court's local rules and the assigned judge's orders for exhibit protocols.
- The District of Delaware's primary exhibit rule is Local Rule 16.3, Default Standard.
- Plaintiffs in the District of Delaware mark exhibits PTX-1, PTX-2, PTX-3....
- Defendants in the District of Delaware mark exhibits DTX-1, DTX-2, DTX-3....
- The District of Delaware accepts e-filings through CM/ECF (PACER), with a limit of 35 MB per document.
- Exhibits in the District of Delaware are exchanged per scheduling order (typically 45-60 days).
- The District of Delaware (D.Del) sits within the Third Circuit.
- ExhibitPrep applies D.Del exhibit stamps entirely in the browser, so case files never leave the attorney's computer.
Quick Reference
| E-Filing System | CM/ECF (PACER) |
| File Size Limit | 35 MB per document |
| Plaintiff Marking | PTX-1, PTX-2, PTX-3... |
| Defendant Marking | DTX-1, DTX-2, DTX-3... |
| Exchange Deadline | Per scheduling order (typically 45-60 days) |
| Primary Rule | Local Rule 16.3, Default Standard |
What This Guide Covers
Divisions & Courthouses
Wilmington
- •J. Caleb Boggs Federal Building
- •Handles all district cases
- •Heavy patent docket
- •Delaware Chancery nearby for corporate matters
Judge-Specific Practices
D.Del judges have developed significant patent law expertise and maintain specific practices for Markman hearings and patent trials. Judge Connolly, Judge Stark (now on Federal Circuit), and other judges have particular exhibit preferences. Always review the assigned judge's Practices and Procedures document. For patent cases, coordinate with the court's technical advisors on exhibit formatting for tutorials.
Pro Tips for D.Del
- 1Follow the Default Standard for Discovery carefully - it's strictly enforced
- 2Use PTX/DTX prefixes for patent cases (standard convention)
- 3Prepare exhibits early for claim construction (Markman) hearings
- 4Technical exhibits should be high-resolution for Markman presentations
- 5Check the assigned judge's pretrial order for joint exhibit list requirements and deadlines.
- 6Check the assigned judge's procedures on whether a technology tutorial is required.
Common Mistakes to Avoid
D.Del Exhibit FAQ
Why do so many patent cases end up in the District of Delaware?
Most large U.S. corporations are incorporated in Delaware, and D.Del judges have deep patent law experience, making it one of the busiest patent venues in the country despite covering a single small state.
What exhibit prefixes does D.Del use for patent trials?
D.Del convention is PTX-1, PTX-2, PTX-3 for plaintiff trial exhibits and DTX-1, DTX-2, DTX-3 for defense exhibits, distinct from the PX/DX format used in many other districts.
What governs exhibit exchange deadlines in D.Del patent cases?
Local Rule 16.3 generally requires the plaintiff to provide proposed trial exhibits at least 30 days before the pretrial order is filed, and other parties to respond at least 14 days before filing, unless otherwise ordered.
What is the file size limit for CM/ECF filings in Delaware federal court?
D.Del accepts documents up to 35 MB per file through CM/ECF (PACER), under Local Rule 16.3.
Do Markman hearings in D.Del require special exhibits?
Yes. Check the scheduling order for claim construction hearing exhibit and joint exhibit list requirements.
Related Court Guides
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