Comments on Pending Proposals from the Commercial Division Advisory Council

SUMMARY

The Council on Judicial Administration and the Committees on Litigation and State Courts of Superior Jurisdiction submitted comments on several proposed rules issued by the Commercial Division Advisory Council. Regarding a proposal relating to depositions of entity representatives, the committees question whether an amendment of the Commercial Division Rules is necessary to achieve its objective, which is to reduce the likelihood of a mismatch between the information sought and the witness produced. The committees support a proposal relating to proportionality in discovery and a proposal to add a monetary threshold for arbitration cases (except international arbitrations) in the Commercial Division. Finally, the committees oppose the implementation of a new model status conference form because they do not believe the form will help accomplish the goal of expediting the litigation process.

RULE INFORMATION & OUTCOMES

Proposed adoption of new Commercial Division Rule and amendment of Commercial Division Rule 11-d, relating to depositions of entity representatives.

• This rule and a related amendment were adopted on October 8, 2015, with an effective date of December 1, 2015. AO-160-15

Proposed amendment of Preamble to the Rules of the Commercial Division relating to proportionality in discovery.

• This measure was adopted on October 5, 2015, with an effective date of December 1, 2015. AO-159-15

Proposed amendment of 22 NYCRR § 202.70(b) and (c), relating to eligibility criteria for matters that may be heard in the Commercial Division.

• This measure was adopted on October 14, 2015, with an effective date of December 1, 2015. AO-161-15

Proposed new Model Status Conference Order Form for use in the Commercial Division.

• This amendment was adopted on October 19, 2015, with an effective date of December 1, 2015. AO-162-15