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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: March 26, 2018

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 March 14, 2018, the OCA proposed a new rule that would change the page limits for briefs to word limits. The proposed limits are 7,000 words for briefs, memoranda of law in support or opposition and affidavits or affirmations, and 4,200 words for reply briefs or memoranda of law.

On March 12, 2018, the OCA proposed a new rule encouraging the use of CPLR provisions permitting immediate trial or pretrial evidentiary hearings on material issues of fact.

On March 8, 2018, the OCA proposed a new rule addressing technology-assisted review in discovery. The new rule would provide:

The parties are encouraged to use the most efficient means to review documents, including electronically stored information (“ESI”), that is consistent with the parties’ disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case. Such means may include technology-assisted review, including predictive coding, in appropriate cases.

E-mail comments on these proposals to rulecomments@nycourts.gov by May 15, 2018.

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