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Rule Change Redux, 2022 Edition

By Becky (Hyun Jeong) Baek on April 13, 2023
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Did you know that the New York State United Court System publishes an annual report covering the advances, challenges, and achievements in and by our New York State courts over the past year? If you did not, now is the time to head over to the NYCourts website and browse the recently released 45th Annual Report covering the 2022 calendar year.

The Annual Report is a visual reminder that we practice in “one of the largest, busiest, most complex court systems in the world,” as Acting Chief Administrative Judge Tamiko Amaker describes. Accompanied by vivid photos of some of the people and places involved with our courts, the 2022 Annual Report highlights the UCS’s initiatives toward equal justice within the courts (pgs. 15-23) and public access to justice (pgs. 25-39), as well as a fiscal overview of the UCS (pg. 55), and caseload statistics (pgs. 59-69).

Of particular interest to readers of this blog is the feature on the Commercial Division.

Since its creation in 1995, the Commercial Division of the New York State Supreme Court has transformed business litigation and made the State a preferred forum for complex business disputes. Renowned as one of the world’s most efficient venues for the resolution of commercial disputes and located in the world’s leading financial center, the Commercial Division is available to businesses of all sizes, both inside and outside the State of New York

Ever advancing the ball in substantive areas of the law and procedural rules and practices, the Commercial Division adopted and enacted 11 of the new procedural rules and amendments proposed by the Commercial Division Advisory Council in 2022 (which this blog has spotlighted), to wit:

  • Discovery of ESI: Amendment to Rules 1, 8, 9, 11-c, 11-e 11-g and Appendices, AO/72/22
    • Updates to Commercial Division Rules Concerning Discovery of ESI
  • Statements of Material Facts in Connection with Summary Judgment Motions: Amendment to Rule 19-a, AO/98/22
  • Interlineation of Responsive Pleadings: Amendment to Rule 6, AO/189/22
    • Rule Change Alert: Readability Is Key For Responsive Pleadings Under New Rule 6 (d)
  • Clarification of Orders to Show Cause: Amendment to Rule 19, AO/153/22
  • Use of Remote Appearance Technology to Avoid Adjournments of Conferences: Amendment to Rule 15, AO/171/22

As we move further into 2023, keep an eye on this blog for updates on developments in the Commercial Division’s rules and practices. As we’ve said before, always check the rules!

Hat tip to Chair of the Advisory Council and friend-of-the-blog, Robert L. Haig, for continuing to share with us the good work being done by the Advisory Council throughout the year.

Photo of Becky (Hyun Jeong) Baek Becky (Hyun Jeong) Baek

Becky is a commercial litigator representing clients in state and federal courts, as well as in arbitration/mediation forums in New York. Her practice focuses on complex commercial disputes in areas including member and shareholder disputes, contract disputes, business and real property valuation, and…

Becky is a commercial litigator representing clients in state and federal courts, as well as in arbitration/mediation forums in New York. Her practice focuses on complex commercial disputes in areas including member and shareholder disputes, contract disputes, business and real property valuation, and general business torts. She represents clients in a wide variety of industries, including commercial and residential real estate (brokers, owners), the arts (writers, artists, photographers, agents), hospitality (owners/investors of hotels, restaurants, airport lounges), medical practices, and financial services, among others.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    New York Commercial Division Practice
  • Organization:
    Farrell Fritz, P.C.
  • Article: View Original Source

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