Commercial Division Rules Amended to Require Parties to Make Initial Disclosures

Posted: May 29, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Categories Commercial, Discovery/Disclosure

Commercial Division Rules Amended to Require Parties to Make Initial Disclosures

On May 6, 2025, the Chief Administrative Judge of the Courts signed an administrative order adding a new Rule 11-h to the Commercial Division Rules, requiring that, at the outset of a case, parties serve initial discovery disclosures, similar to what is currently required in federal practice.

Under the new rule, which becomes effective July 7, 2025, parties must, without awaiting a discovery request, provide to the other parties:

(i) the name and, if known, the address and telephone number of each individual that the disclosing party intends to use to support its claims or defenses, unless such use is solely for impeachment, together with a brief description of the information expected to be elicited from such individual;

(ii) a copy of all documents, electronically stored information, or other tangible things referred, but not attached, to in the pleadings; and

(iii) a computation of each category of damages claimed by the disclosing party.

These initial disclosures will generally be due "within 14 days after the parties' consultation prior to the preliminary conference as required in Rule 8," though the parties can agree on a different schedule.

The new rule also makes clear that a party cannot avoid making initial disclosures by stating that it has not fully investigated the case, and failure to act in good faith in making initial disclosures may result in an award to the other party of attorneys' fees and costs incurred by such failure.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning this recent change to the Commercial Division Rules.