Court Rules
Judge

Judge Paul S. Diamond

Individual Rules, Standing Orders & Policies

Eastern District of Pennsylvania

Limits & Logistics

Document Limits

Motion
25 pgs

Courtesy Copies

Brief

  • Hand Delivery • Upon Filing

Courtesy copies

  • Not required

Binding: Three Ring Binder

Adjournments

5Business Daysnotice
  • Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.
Reason For RequestProposed Rescheduled Date
  • Continuance/extension motions require detailed declaration showing good cause and history of previous requests.
  • Discovery must begin immediately; no extensions will be granted; discovery should be well underway by preliminary pretrial conference.

Request must include

Reason For RequestNumber Of Previous RequestsPrevious Requests Granted Or Denied

Communication

Email

Chambers

chambers_of_judge_paul_s_diamond@paed.uscourts.gov
Hours: Business hours
No status inquiries
Phone

Chambers

EmergenciesScheduling
No status inquiries
Email

Clerk

Technical Issues
No status inquiries
Filters:AllMandatoryImportantFormattingMemorandaProposed OrdersTRO/InjunctionDiscovery56.1 StatementsSummary JudgmentTOC/TOA

Page & Word Limits3 rules

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

All motion papers must be double-spaced and prepared in 14-point, Times New Roman font, with margins of not less than one inch. Supporting memoranda of law shall not exceed twenty-five (25) pages (exclusive of table of contents and table of authorities), and replies shall not exceed twelve (12) pages. Declarations and affirmations shall be limited to twenty (20) pages each.

Summary: Motion papers must be double-spaced, 14-point Times New Roman, 1-inch margins. Supporting memoranda limited to 25 pages, replies to 12 pages, declarations to 20 pages.

Supporting Memorandum Of Law

25 pages

Applies to: Attorney

Reply

12 pages

Applies to: Attorney

Declaration

20 pages

Applies to: Attorney

diapol · p. 6
|SecVI. MOTIONS PRACTICE
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

All sur-reply briefs must be submitted within seven (7) days of the reply brief.

Summary: Sur-reply briefs must be filed within 7 days of the reply brief.

Structured details unavailable. See the source text.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

All reply briefs must be submitted within fourteen (14) days of the response brief unless otherwise ordered.

Summary: Reply briefs must be filed within 14 days of the response brief.

Structured details unavailable. See the source text.

Document Format Requirements2 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

In accordance with Local Rule 5.1.2, I require that the Parties file electronically all documents via Electronic Case Filing. The Parties shall file all stipulations and proposed orders on the docket via ECF. Stipulations and proposed orders should not be delivered to the Clerk of Court.

Summary: All documents must be filed electronically via ECF; stipulations and proposed orders should not be delivered to Clerk.

Required Format

PDF

diapol · p. 1
|SecELECTRONIC FILING
FormattingCivil cases

Machine summary. Not checked yet.Important?

Chambers copies shall be printed single sided on opaque white paper of high quality.

Summary: Chambers copies must be printed single-sided on high-quality opaque white paper.

Document Filing Requirements12 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff(s) shall serve the Complaint expeditiously in accordance with Federal Rules of Civil Procedure 4 and 5. Any Defendant not timely served under Rule 4(m) shall be dismissed from the action without prejudice.

Summary: Defendants not timely served under Rule 4(m) will be dismissed without prejudice.

Document Type

Complaint

Content & Formatting
Certificate Of Service
diapol · p. 1
|SecSERVICE OF THE COMPLAINT
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Before bringing a discovery dispute to my attention, Counsel must certify that they have made a reasonable effort to resolve the dispute.

Summary: Counsel must certify reasonable effort to resolve discovery disputes before bringing to Judge's attention.

Document Type

Discovery Dispute Letter

Specific requirements detailed in rule text.
diapol · p. 2
|SecDISCOVERY
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

When moving for summary judgment pursuant to Federal Rule of Civil Procedure 56, the moving party shall file a separate, short, and concise statement of material facts, in numbered paragraphs, as to which the moving party contends there is no genuine issue to be tried.

Summary: Summary judgment motions require a separate statement of material facts in numbered paragraphs.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The non-moving party shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party.

Summary: Non-moving party must respond to each numbered paragraph in the moving party's statement.

Document Type

Opposition

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All material facts set forth in the statement required to be served by the moving party may be deemed admitted unless controverted by the opposing party.

Summary: Material facts in moving party's statement are deemed admitted unless controverted.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Reply and sur-reply briefs shall not include declarations or exhibits.

Summary: Reply and sur-reply briefs cannot include declarations or exhibits.

Document Type

Reply Brief

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Statements of material facts in support of or in opposition to a motion shall include specific supporting record cites.

Summary: Statements of material facts must include specific record citations.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Failure to include a statement of material facts may constitute grounds for denial of a motion for summary judgment.

Summary: Missing statement of material facts may result in denial of summary judgment motion.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Counsel shall include proposed orders when requesting continuances or extensions.

Summary: Proposed orders must be included with continuance/extension requests.

Document Type

Continuance Or Extension Request

Content & Formatting
Proposed Order
diapol · p. 12
|SecCONTINUANCES OR EXTENSIONS OF TIME
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

I look unfavorably on attempts to ambush opposing Counsel with the production of evidence or witnesses past the applicable cutoff date in the Case

Summary: Late production of evidence or witnesses is viewed unfavorably.

Document Type

Discovery Production

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

In objecting to a discovery request served under Rule 34, the Parties shall “state with specificity the grounds for objecting to the request, including the reasons.” Fed. R. Civ. P. 34(b)(2)(B). “An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.” Id. 34(b)(2)(C). General objections will rarely be appropriate and may be punished by the imposition of sanctions.

Summary: Rule 34 objections must be specific and state grounds; general objections may result in sanctions.

Document Type

Discovery Objection

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

The consent form is available on the Court's website at http://www.paed.uscourts.gov/documents/handbook/forms/app_q1.pdf.

Summary: Magistrate judge consent form available at specified URL.

Document Type

Magistrate Judge Consent Form

Content & Formatting
Caption
Case Number
diapol · p. 1
|SecASSIGNMENT TO MAGISTRATE JUDGE

Filing & Service rules

Courtesy Copy Requirements

Courtesy copies required for briefs filed in appeals from this judge's decisions.

I expect to receive a courtesy copy of any briefs filed in appeals from my decisions.

Machine summary. Not checked yet. · Civil cases

Page 14 | CASES ON APPEAL

Documentary evidence over 50 pages must be delivered to Chambers in hard copy with specific formatting.

If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence shall be delivered to Chambers in hard copy. The documents shall be placed in a three-ring binder, with an index and with each item of evidence separated by tab dividers on the right side. Counsel shall ensure that all documents are legible.

Machine summary. Not checked yet. · Civil cases

Courtesy copies of cases available on Lexis or Westlaw are not required.

Parties need not submit courtesy copies of cases that are available on Lexis or Westlaw with their motion papers.

Machine summary. Not checked yet. · Civil cases

Pre-Motion Conference Requirements

Oral argument is generally not required for motions.

I generally will not require oral argument on motions.

Machine summary. Not checked yet. · Civil cases

Adjournment & Extension Requirements

Continuance/extension motions require detailed declaration showing good cause and history of previous requests.

A motion to continue or extend the date of any matter or deadline must be supported by a detailed declaration demonstrating good cause for the continuance. The motion must also indicate whether there have been previous requests for continuances or extensions and whether I have granted or denied those requests.

Machine summary. Not checked yet. · Civil cases

Page 12 | CONTINUANCES OR EXTENSIONS OF TIME

Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.

Counsel must submit any request for a continuance or extension no later than five (5) business days before the scheduled date. Requests submitted after that time shall be denied absent a showing of compelling circumstances (e.g., serious bodily injury or illness).

Machine summary. Not checked yet. · Civil cases

Page 12 | CONTINUANCES OR EXTENSIONS OF TIME

Discovery must begin immediately; no extensions will be granted; discovery should be well underway by preliminary pretrial conference.

Discovery shall begin as soon as possible. I am not inclined to grant any extensions respecting the discovery or other case-related deadlines. In ordinary circumstances, I expect that discovery will be well underway by the date of the Preliminary Pretrial Conference.

Machine summary. Not checked yet. · Civil cases

Page 2 | DISCOVERY

Chambers Communication Rules

Preliminary pretrial conference in Chambers after responsive pleading; Lead Counsel must attend with client or corporate representative; no telephonic/Zoom appearances.

Pursuant to Rule 16, a Preliminary Pretrial Conference shall be held in Chambers as soon as practicable after a responsive pleading to the Complaint is filed. Lead Counsel shall attend the conference, be familiar with all aspects of the case, and be accompanied by his or her client, or, in the case of corporate parties, a representative with full settlement authority. Requests to appear telephonically or via Zoom will not be granted.

Machine summary. Not checked yet. · Civil cases

Page 2 | PRELIMINARY PRETRIAL CONFERENCE

Discovery disputes must be emailed to Chambers with disputed request attached as exhibit.

Counsel shall email a brief letter describing the dispute to Chambers (Chambers_of_Judge_Paul_S_Diamond@paed.uscourts.gov) and attach the disputed discovery request as an exhibit. Unless otherwise ordered,

Machine summary. Not checked yet. · Civil cases

Page 2 | DISCOVERY

All continuance/extension requests must be filed via ECF.

All requests must be filed via ECF.

Machine summary. Not checked yet. · Civil cases

Page 12 | CONTINUANCES OR EXTENSIONS OF TIME

Counsel must call chambers during depositions to resolve disputes immediately.

If a dispute arises during a deposition, I expect Counsel to phone Chambers during the deposition so that I can resolve the dispute immediately.

Machine summary. Not checked yet. · Civil cases

Counsel may speak with law clerks only on scheduling and procedural matters.

I permit Counsel to speak with my Law Clerks on scheduling and procedural matters only.

Machine summary. Not checked yet. · Civil cases

Page 13 | COMMUNICATION WITH LAW CLERKS

About United States District Judge Paul S. Diamond

**Judge Paul S. Diamond** was appointed to the Eastern District of Pennsylvania by President George W. Bush in 2004. Born in Brooklyn, New York, Judge Diamond graduated magna cum laude from Columbia University and received his law degree from the University of Pennsylvania. He clerked for Justice Bruce W. Kauffman of the Pennsylvania Supreme Court before serving as an Assistant District Attorney in Philadelphia. He then entered private practice, becoming a partner at major Philadelphia firms including Dilworth Paxson and Obermayer Rebmann Maxwell & Hippel, where he focused on complex civil litigation. **Education** - University of Pennsylvania School of Law, J.D., 1977 - Columbia University, B.A., magna cum laude, 1974 **Career** - Law clerk, Justice Bruce W. Kauffman, Pennsylvania Supreme Court (1977) - Assistant District Attorney, Philadelphia District Attorney's Office (1977–1983) - Partner, Dilworth Paxson Kalish & Kauffman (1983–1992) - Partner, Obermayer Rebmann Maxwell & Hippel (1992–2004) - U.S. District Judge, E.D. Pa. (2004–present)

**Courthouse:** James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106 **Chambers:** Room 14614 **Email:** Chambers_of_Judge_Paul_S_Diamond@paed.uscourts.gov **Chambers Staff** - Courtroom Deputy: Lenora Kashner Wittje, (267) 299-7739, Lenora_Kashner_Wittje@paed.uscourts.gov

Common questions about Judge Paul S. Diamond's rules

Are courtesy copies required for Judge Paul S. Diamond?

Documentary evidence over 50 pages must be delivered to Chambers in hard copy with specific formatting.

Does Judge Paul S. Diamond require a pre-motion conference or letter before filing a motion?

Judge Paul S. Diamond's rules set a pre-motion procedure for covered motions. Oral argument is generally not required for motions.

What page or word limits apply to motion before Judge Paul S. Diamond?

Judge Paul S. Diamond's rule states these limits: attorney: 25 pages; attorney: 12 pages; attorney: 20 pages. Excludes table of contents and table of authorities. Motion papers must be double-spaced, 14-point Times New Roman, 1-inch margins. Supporting memoranda limited to 25 pages, replies to 12 pages, declarations to 20 pages.

View ruleSource: page 6, section VI. MOTIONS PRACTICE

What formatting rules apply to filings before Judge Paul S. Diamond?

Judge Paul S. Diamond's formatting rule includes file format PDF, all documents must be filed electronically via ecf, and stipulations and proposed orders should not be delivered to clerk of court. All documents must be filed electronically via ECF; stipulations and proposed orders should not be delivered to Clerk.

View ruleSource: page 1, section ELECTRONIC FILING

What must be included with complaint filings before Judge Paul S. Diamond?

The rule requires certificate of service. Defendants not timely served under Rule 4(m) will be dismissed without prejudice.

View ruleSource: page 1, section SERVICE OF THE COMPLAINT

What must be included with discovery dispute letter filings before Judge Paul S. Diamond?

The rule requires certificate section. Counsel must certify reasonable effort to resolve discovery disputes before bringing to Judge's attention.

View ruleSource: page 2, section DISCOVERY

How may parties contact Judge Paul S. Diamond's chambers?

The rule addresses email communications with Judge Paul S. Diamond's chambers. The rule lists email Chambers_of_Judge_Paul_S_Diamond@paed.uscourts.gov. Discovery disputes must be emailed to Chambers with disputed request attached as exhibit.

View ruleSource: page 2, section DISCOVERY

How do I request an adjournment or extension before Judge Paul S. Diamond?

Requests should be made at least 5 business days in advance when this rule applies before Judge Paul S. Diamond. The request must include reason for request and proposed rescheduled date. Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.

View ruleSource: page 12, section CONTINUANCES OR EXTENSIONS OF TIME
Complete rules summary for Judge Paul S. Diamond

Defendants not timely served under Rule 4(m) will be dismissed without prejudice.

All documents must be filed electronically via ECF; stipulations and proposed orders should not be delivered to Clerk.

Magistrate judge consent form available at specified URL.

Counsel must certify reasonable effort to resolve discovery disputes before bringing to Judge's attention.

Discovery disputes must be emailed to Chambers with disputed request attached as exhibit.

Counsel must call chambers during depositions to resolve disputes immediately.

Preliminary pretrial conference in Chambers after responsive pleading; Lead Counsel must attend with client or corporate representative; no telephonic/Zoom appearances.

Rule 34 objections must be specific and state grounds; general objections may result in sanctions.

Late production of evidence or witnesses is viewed unfavorably.

Motion papers must be double-spaced, 14-point Times New Roman, 1-inch margins. Supporting memoranda limited to 25 pages, replies to 12 pages, declarations to 20 pages.

Reply briefs must be filed within 14 days of the response brief.

Sur-reply briefs must be filed within 7 days of the reply brief.

Reply and sur-reply briefs cannot include declarations or exhibits.

Summary judgment motions require a separate statement of material facts in numbered paragraphs.

Missing statement of material facts may result in denial of summary judgment motion.

Non-moving party must respond to each numbered paragraph in the moving party's statement.

Statements of material facts must include specific record citations.

Material facts in moving party's statement are deemed admitted unless controverted.

Documentary evidence over 50 pages must be delivered to Chambers in hard copy with specific formatting.

Courtesy copies of cases available on Lexis or Westlaw are not required.

Oral argument is generally not required for motions.

Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.

Proposed orders must be included with continuance/extension requests.

Continuance/extension motions require detailed declaration showing good cause and history of previous requests.

All continuance/extension requests must be filed via ECF.

Counsel may speak with law clerks only on scheduling and procedural matters.

Courtesy copies required for briefs filed in appeals from this judge's decisions.

Chambers copies must be printed single-sided on high-quality opaque white paper.

Discovery must begin immediately; no extensions will be granted; discovery should be well underway by preliminary pretrial conference.

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