Comments on Proposed Commercial Division Rule Relating to Applications for Temporary Restraining Orders

SUMMARY

The Council on Judicial Administration (Hon. Carolyn E. Demarest, Chair), State Courts of Superior Jurisdiction Committee (Adrienne B. Koch, Chair) and Litigation Committee (Barbara Seniawski, Chair) submitted a letter to the Office of Court Administration commenting on a proposal to amend Rule 20 of the Rules of the Commercial Division to require advocates seeking temporary restraining orders to provide adversaries with advance copies of the papers supporting the application.  The Committees support the amendment, and recommend that the same requirement be included in 22 NYCRR 202.7(f), which governs applications for temporary injunctive relief in all courts statewide.  Amending both rules would maintain consistency in state court practice and help improve the efficient operation of the court system.