Comment on OCA’s Proposal to Require Hyperlinking in Electronically-Filed Documents in the Commercial Division

SUMMARY

The Council on Judicial Administration, State Courts of Superior Jurisdiction Committee and Litigation Committee sent a report to the Office of Court Administration of the New York State Unified Court System on a proposed Commercial Division rule that would permit judges to require that electronically-filed documents contain hyperlinks. While recognizing that the goal of improving the efficiency of New York’s courts is important, the committees nonetheless urge that the rule not be adopted because of the logistical and potentially costly hurdles that such a requirement would impose on clients and their counsel. The report notes that, as a matter of discretion, judges might encourage or require hyperlinking in particular cases after taking into account such factors as the magnitude of the dispute and the technical proficiency and back office support available to counsel, and that hyperlinking could become a more economical practice in the future—but that, at present, “the routine imposition of a hyperlinking requirement would impose a time-consuming ministerial burden….without providing a proportional benefit.”

RULE INFORMATION

Proposed Amendment to Commercial Division Rules (Hyperlinking) – Description of Proposal