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Rule Finalized Disfavoring Motions in Discovery Disputes

New York Law Journal, January 14, 2015

Rule Finalized Disfavoring Motions in Discovery Disputes

Another rule change has come to the Commercial Division, this time to try to steer discovery disputes away from motion practice. Following an order from Chief Administrative Judge Gail Prudenti Friday, Rule 14 of the Rules of Practice has been revised to set up a procedure for attorneys to exchange letters, instead of motions, over discovery disputes….The New York City Bar Association Council on Judicial Administration, State Courts of Superior Jurisdiction Committee and the Committee Litigation were the only bar groups to comment on the proposal, and they were supportive. The city bar committees suggested that letters should be allowed for other procedural disputes, that teleconferences should be at a judge’s discretion and that “it may be appropriate in some situations for the court to ‘memo endorse’ a ruling on the letters—as is the common practice in the New York federal courts.”

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