Del. Super. Ct. Civ. R. 129

(a) If the parties notify the court within seven days after the close of discovery that the parties have agreed

to forego witnesses at the trial of the case, the parties may submit briefs and appendices in support of their

cause as follows:

(1) Plaintiff’s Brief — thirty days following close of discovery;

(2) Defendant’s Answering Brief — within thirty days after service of plaintiff’s brief; and

(3) Plaintiff’s Reply Brief — within fifteen days of service after Defendant’s Answering Brief.

(b) The briefs must cite to the applicable portions of the record. Affidavits may be used but all affiants

must be identified prior to the close of discovery and must, at the option of any other party, be produced

for deposition within two weeks from the date discovery would otherwise close. The Court shall make

factual findings based upon the record presented by the parties.