On May 20, 2025, the Chief Administrative Judge of the Courts signed Administrative Order 111/25, introducing significant developments for litigators practicing in the Commercial Division. Effective July 7, 2025, the Order adds a new Appendix E – a Model Pre-Trial Order – to Section 202.70 of the Uniform Rules of the Supreme and County Courts and amends the preamble to Commercial Division Rules 25–33.
These changes aim to promote consistency, preparation, and efficiency in the lead-up to trial while preserving judicial flexibility. The newly adopted Model Pre-Trial Order is designed to serve as a practical “tool” for both courts and counsel. It consolidates in one document the core pre-trial activities governed by Commercial Division Rules 27 through 33, including:
- Mandatory settlement conferences (Rule 30)
- Motions in limine (Rule 27)
- Exhibit and deposition coordination (Rules 28–29)
- Stipulations of undisputed facts and expert testimony (Rule 30)
- Witness disclosures and pre-trial memoranda (Rules 31–32)
- Direct testimony by affidavit in non-jury trials (Rule 32-a)
- Jury charges and verdict forms (Rule 31(c))
Although use of the model order is not mandatory, it is encouraged as a starting point that courts may adapt to reflect their individual practices and preferences. The amended preamble reinforces the importance of thorough pre-trial preparation and the role of cooperation among counsel to ensure efficient case management.
The model order and revised rules are particularly relevant in Westchester County’s Commercial Division, where Justices Jamieson and Walsh actively emphasize streamlined trial preparation and robust pre-trial conferences. Practitioners appearing in Westchester should review these changes and be prepared to incorporate the model order into their litigation planning.
The full text of Administrative Order 111/25 is available here, and we encourage all counsel practicing in the Commercial Division to familiarize themselves with Appendix E before the effective date of July 7, 2025.
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