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Commercial Division Says

Commercial Division Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. Upon receiving this notice, the responding party must then designate...

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Commercial Division Says "No Chance" on "Second Chance" Deposition of a Corporate Representative | Farrell Fritz, P.C.

Commercial Division Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. Upon receiving this notice, the responding party must then...

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Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water | Farrell Fritz, P.C.

Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the...

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Limits On Motions In Limine: A New Proposal To Amend Commercial Division Rule 27 | Farrell Fritz, P.C.

An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine.  A new proposal proffered by the Commercial Division...

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Opportunity to Comment on Proposed Change to Commercial Division Rules Regarding Virtual Evidentiary Hearings and Bench Trials | Schlam Stone & Dolan LLP

The Office of Court Administration has asked for public comment on the Commercial Division Advisory Council’s proposal to amend Commercial Division Rule 36 to clarify that courts have...

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Proposed Commercial Division Rule Change Gives Remote Proceedings Even More Staying Power | Farrell Fritz, P.C.

It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those...

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Proposed Amendment to Commercial Division Rule 36 to Clarify Courts' Authority to Order Virtual Evidentiary Hearings and Bench Trials | Patterson Belknap Webb & Tyler LLP

More than two years into the Covid-19 pandemic, the Commercial Division Advisory Council (“CDAC”) has proffered an amendment to the Commercial Division Rules that reinforces a court’s...

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Commercial Division to Adopt New Rule Requiring Interlineation of Responsive Pleadings | Sheppard Mullin Richter & Hampton LLP

Effective September 12, 2022, the New York Commercial Division Rules will require parties preparing responsive pleadings to “interlineate” the allegations which they are responding to...

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Rule Change Alert: Readability Is Key For Responsive Pleadings Under New Rule 6 (d) | Farrell Fritz, P.C.

As practitioners and readers of this blog are aware, responsive pleadings are foundational documents prepared at the earliest stage of a litigation in which the responding party denies,...

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Counsel May Not Evade Word Limitations by Incorporating Affidavits in Place of a Statement of Facts | Farrell Fritz, P.C.

Litigation in the Commercial Division is efficient and effective in part because its judges strictly enforce the Commercial Division Rules.  Those unsure can peruse Matt Donovan’s...

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