Exhibits often receive the least attention during brief drafting, yet they can create significant challenges if they do not align with a judge’s filing preferences.
A recent Standing Order from US District Judge Maryellen Noreika of the District of Delaware serves as a reminder that exhibit management is not merely an administrative task, but an important aspect of effective litigation strategy and court compliance.
Judge Noreika recently directed parties to file exhibits in as few PDF files as possible, reflecting one of several exhibit-related requirements litigants encounter in the District of Delaware. The development highlights how judges may take different approaches to exhibit filing, presentation, organization, and citation, creating potential pitfalls for parties that wait until the eve of a deadline to address exhibit-related issues.
In this IP/DE blog post, McCarter & English partner Daniel Silver discusses Judge Noreika’s new Standing Order, surveys exhibit-related requirements and preferences across the District of Delaware, and offers practical guidance for planning, organizing, and presenting exhibits effectively before filing deadlines arrive.