Judge Diane Y. Devlin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements1 rule
Hard copies are not required unless requested by the Court.
Document Filing Requirements1 rule
Orders based upon a Decision of this court will be submitted to all counsel for approval prior to submission to the Court.
Filing & Service rules
Filing Timing and Cure Windows
Dispositive motions must be made within 120 days after the Note of Issue is filed.
Dispositive Motions will be made within 120 days from the filing of the Note of Issue.
Civil cases
Page 1 | CIVIL
Opposition papers must be uploaded one week before the return date, and replies must be submitted by noon on the Tuesday before argument.
Opposition papers are due to be uploaded one week before the return date, and replies are due by noon on Tuesday prior to the argument.
Civil cases
Page 1 | CIVIL
Expert disclosures must be made 30 days before trial.
Expert disclosure will be made thirty (30) days before trial.
Civil cases
Page 2 | TRIAL DEADLINES
Proposed jury verdict sheets and requests to charge must be submitted to chambers two weeks before jury selection.
Proposed Jury Verdict Sheets and Requests to Charge will be submitted to chambers two (2) weeks before jury selection.
Civil cases
Page 2 | TRIAL DEADLINES
Service and Proof of Service Rules
If parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service, returnable at the original proposed order's date and time.
If the parties are unable to agree to a proposed Order, the proposed Order and notice of settlement will be served in accordance with Uniform Rule Section 202.48 which provides for ten (10) days mailed notice or five (5) days notice if by personal service and made returnable on the same date and time as the original proposed Order.
Civil cases
Page 2 | CIVIL
Temporary restraining orders, when possible, require notice to the opposing attorney.
Temporary Restraining Orders, where possible, will require notice to the opposing attorney.
Civil cases
Page 1 | CIVIL
Counsel seeking an adjournment must confirm it and the rescheduled dates in writing to all parties and the Court.
Confirmation of any adjournment together with its rescheduled dates must be made in writing to all parties and to the Court by counsel seeking the adjournment.
Civil cases
Page 2 | CONFERENCES
Motions in limine must be served for argument before trial begins on the special term before proof, or as otherwise scheduled by the Court.
Motions in limine will be served to be argued before the start of trial on the special term before proof or as otherwise scheduled by the Court.
Civil cases
Page 2 | TRIAL DEADLINES
Pre-Motion Conference Requirements
A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.
TRO’s on cases assigned to another Justice will only be grated upon the prior approval of the IAS Justice or his/her Law Clerk.
Civil cases
Page 1 | CIVIL
Adjournment & Extension Requirements
Motions are generally not adjourned and may be adjourned only with consent from all parties and notice to the Court.
Motions will not be adjourned generally and can only be adjourned upon consent of all parties and with notice to the Court.
Civil cases
Page 1 | CIVIL
Adjournments of compliance conferences or pre-trials to a day certain are granted upon consent of all parties.
Adjournments of compliance conferences or pre-trials to a day certain will be granted upon consent of all parties.
Civil cases
Page 2 | CONFERENCES
Preliminary conferences may be adjourned only with consent of all counsel and only to a date within 45 days after the RJI is filed.
Preliminary conferences may only be adjourned upon consent of all counsel and only to a date within the 45-days from filing of the RJI.
Civil cases
Page 2 | CONFERENCES