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Proposed Amendment Requires Supporting Papers to Accompany TROs (The National Law Review)

The National Law Review, March 8, 2017

Proposed Amendment Requires Supporting Papers to Accompany TROs

“As the Commercial Division Advisory Council notes, the rule change is already embodied in the individual rules of several justices. For example, Justice Kornreich’s Individual Rules of Commercial Division require a TRO movant to provide the other party ‘a copy of the papers.’ Similarly, on the federal side, Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York requires TRO movants to supply to the opposing party papers in support before presenting those papers in court….The New York City Bar is supporting the proposed amendment, though it has suggested the rule change should apply to all New York courts, not just the Commercial Division. Whether this rule change is ultimately adopted, however, is still in the hands of the Office of Court Administration.”

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