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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: November 14, 2016

Opportunity to Comment on Proposed Changes to Commercial Division Rules

The Office of Court Administration has asked for public comment on three proposed changes to the Commercial Division rules:

On October 24, 2016, the OCA proposed a new rule providing a sample forum selection clause. The proposed model forum selection clause is:

THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF.

E-mail comments on this proposal to rulecomments@nycourts.gov by December 20, 2016.

On October 27, 2016, the OCA proposed a new rule regarding consultation on expert testimony. The new rule would provide:

The court may direct that prior to the pre-trial conference, counsel for the parties consult in good faith to identify those aspects of their respective experts’ anticipated testimony that are not in dispute. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation.

E-mail comments on this proposal to rulecomments@nycourts.gov by December 20, 2016.

On November 1, 2016, the OCA proposed an amendment to Commercial Division Rule 20 regarding temporary restraining orders. The amended rule would provide:

Rule 20. Temporary Restraining Orders. Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued ex parte. The applicant must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application.

E-mail comments on this proposal to rulecomments@nycourts.gov by January 10, 2017.

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