Comments on Proposed Amendment to NYCRR § 202.70(g) (Commercial Division Rule 8 (a)), Relating to Settlement-Related Disclosure

SUMMARY

In a joint report, the Committee on State Courts of Superior Jurisdiction and the Council on Judicial Administration expressed opposition to the Office of Court Administration’s proposed amendment to 22 NYCRR § 202.70(g) (Commercial Division Rule 8(a)) as it relates to settlement-related disclosure. The proposed amendment would add settlement-related disclosure to the list of topics that counsel are required to discuss prior to the preliminary conference. The report notes that Commercial Division Rules already make clear that disclosure in aid of settlement is among the subjects about which the parties should consult in advance of the preliminary conference if either party believes that such disclosure might be appropriate or helpful. Requiring the parties to discuss this subject in advance of the preliminary conference, the report argues, will only serve to invite disputes, including disputes over issues such as whether a party violated the rule by simply refusing to have as thoroughgoing a discussion about settlement-related discovery as its adversary would have liked.