Judge Andrews noted this week that he is currently allowing only two attorneys per side for in-person bench trials, including for a trial scheduled to start on Sept. 14th, and that he "may insist on this practice for some time." Sprint Communications Co., L.P. v. Charter Communications, Inc., C.A. No. 17-1734-RGA, D.I. 545 at 2 (D. Del. September 2, 2020).
He also said that he "anticipate[s] a jury could be assembled for an October 5 trial," but did not want the first post-COVID-19 civil jury trial to be one that involves primarily out-of-town attorneys and personnel.
The trial at issue was ultimately delayed for other reasons, including the fact that there are still nine pending motions, and that there is little prejudice from a delay because the patents are expired.
As we noted on Thursday, Judge Noreika recently decided to allow only 3 attorneys plus a support person for an upcoming trial, after one party asked permission to bring in 4 attorneys and two support people per side.
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