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New Commercial Division Deposition Rule to Take Effect

New York Law Journal, October 13, 2015

New Commercial Division Deposition Rule to Take Effect

New rules governing “entity depositions” in the Commercial Division were announced Thursday and will take effect Dec. 1. The rules seek to encourage business and government agencies to produce deponents who can most effectively address inquiries about an entity’s practices with respect to the issues in the case….The rule changes were drafted by Commercial Division Advisory Council and promulgated by Chief Administrative Judge Lawrence Marks and supported by the New York State Bar Association’s Commercial and Federal Litigation Section. But the New York City Bar Association disagreed, saying “the permissive, rather than mandatory, language of the proposed Rule makes it unnecessary in light of existing practice under the CPLR and the case law.” The city bar also said the seven hour limit is “too restrictive.” The bar group, however, noted that dissenters within its Council on Judicial Administration, Committee on State Courts of Superior Jurisdiction and Committee on Litigation supported the changes.

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