Judge Paul S. Diamond
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Hand Delivery • Upon Filing
Courtesy copies
- Not required
Binding: Three Ring Binder
Adjournments
- Requests for continuances/extensions must be filed at least 5 business days before the deadline, except for compelling circumstances.
- 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
Communication
Chambers
Phone
Chambers
Clerk
Page & Word Limits3 rules
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
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.
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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