Commercial Division Blog

Posted: June 1, 2022 / Written by: Jeffrey M. Eilender, Samuel L. Butt, Christopher R. Dyess, Joshua Wurtzel, Hillary S. Zilz / Categories Commercial, Discovery/Disclosure

Commercial Division Rule 11 Amended to Emphasize Proportionality, Reasonableness, and Efficiency

On May 16, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rule 11 to (i) include a preamble emphasizing proportionality and reasonableness in discovery requests, and (ii) allow the court to order the parties to prepare a document at the outset of the case stating "clearly and concisely" the issues in the case and the elements and necessary facts for each claim.

According to the Commercial Division Advisory Council, the revised rule--which became effective on May 31, 2022--is intended to emphasize that proportionality and reasonableness "must govern discovery in all cases, including the most intricate, difficult and complex Commercial Division case," and to allow the court to "direct early case assessment disclosures and analysis" in an effort to "streamline the discovery process so that discovery is aligned with the needs of a case and not a search for each and every possible fact in the case."

The attorneys at Schlam Stone & Dolan remain up to date on all developments in and changes to the Commercial Division rules. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning the Commercial Division rules.