Hon. Diane Y. Devlin
Judicial Directory Information

Part 32 - 9th floor
50 Delaware Avenue
Buffalo, NY 14202
Ph: (716) 845-9483
Fx: (716) 851-3325

MOTIONS: Every Thursday, Part 28 at 9:30 a.m.

Civil:
All motions, except motions in limine, shall be made with a first return date not less than sixty (60) days prior to any trial date. Motions made returnable within sixty (60) days of a trial date shall only be made by Order to Show Cause. Dispositive Motions (Summary Judgment Motions) shall be made within 60 days from the filing of the Note of Issue. All moving papers, memoranda and a Special Term Note of Issue are to be delivered to the Part 28 Court Clerk not less than noon on the Friday prior to the return date of the motion. Original papers are not required. Answering papers are to be delivered to the Part 28 Court Clerk not later than Tuesday at noon. Oral arguments are required except on permission of judge or law clerk. TRO’s, where possible, will require notice to the opposing attorney. TRO’s on cases assigned to another Justice will only be granted upon the prior approval of the IAS Justice or his/her Law Clerk. Motions shall not be adjourned generally. Motions can only be adjourned upon consent of all parties and with notice to the Court. Orders based upon a decision of this court shall be submitted to all counsel for approval prior to submission to the court. If the parties are unable to agree to a proposed order, the proposed order and notice of settlement shall be served in accordance with Uniform Rule §202.48 which provides for ten days mailed notice or five days notice if by personal service and made returnable before the court at 9:30 a.m. in Part 28. Proposed counter-orders shall be made returnable on the same date and time as the original proposed order.

CONFERENCES:

Preliminary and Pre-trial conferences are scheduled upon the court’s receipt of an RJI and/or Calendar Note of Issue. A scheduling order will be issued after the Uniform Rule 202.12 preliminary conference. Rule 202.12 preliminary conference may only be adjourned upon consent of all counsel and only to a date within the 45 days from the filing of the RJI. Adjournments of compliance conferences or pre-trials to a day certain will be granted upon consent of all parties. Confirmation of any adjournment together with its rescheduled date must be made in writing to all parties and to the court by counsel seeking the adjournment.

TRIALS:

Trial dates may only be adjourned by the Court. No testimony is taken on the court’s special term day. Stays pending appeals will only be granted upon good cause shown and will generally not be granted. Lists of witnesses, lay and expert, to be called at trial must be filed with the court one month before jury selection. Jury selection form is to be completed and submitted at least one month before jury selection date. Motions in limine and requests to charge and proposed verdict sheet shall be submitted to the court at least one week before the jury selection date. Expert Disclosure shall be simultaneous and shall be made by all parties not less than 60 days before the jury selection date.