Judge Commercial Division Adopts New Rule 14-b Requiring Specifics In Requests For Discovery Cost Shifting

Posted: October 26, 2026 / Written by: Channing J. Turner / Categories Court Rules/Procedures, Discovery/Disclosure

Judge Commercial Division Adopts New Rule 14-b Requiring Specifics In Requests For Discovery Cost Shifting

On October 19, 2026, the Chief Administrative Judge of the Courts signed an administrative order (AO/306/2026) adding new Rule 14-b to the Commercial Division Rules (22 N.Y.C.R.R. § 202.70), effective December 1, 2026. The new rule provides:

Rule 14-b. Discovery Cost Shifting. If, in connection with a dispute regarding the production of documents, a party contends that cost shifting is warranted, the party’s motion or response should state the basis for the request and include a good-faith estimate of the amount of costs to be shifted, including an explanation of how that estimate was determined.

The Commercial Division Advisory Council recommended the rule, and on April 7, 2026, the Office of Court Administration requested public comment on the proposal. The adopted text differs from the proposed text, which applied to any “discovery dispute” and was triggered when a party “requests cost shifting.” In its request for public comment, the Office of Court Administration explained the proposal:

In particular, the new rule would provide that if a party requests cost shifting in connection with a discovery dispute, the party’s papers should state the basis for the request, as well as a good faith estimate of the amount of costs to be shifted and an explanation of how the estimate was determined. The Advisory Council believes that mandating such disclosure in the Commercial Division would provide transparency, allow the court and the parties to “assess the reasonableness of the request from the outset,” and encourage “early, concrete discussion of the cost consequences of disputed discovery.”

The attorneys at Schlam Stone & Dolan LLP 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 new rule.

To read more about Commercial Division rules governing the conduct of discovery, see Schlam Stone & Dolan’s related Commercial Division Blog posts on an administrative order amending Rule 11 to provide that proportionality and reasonableness must govern discovery in all cases and an administrative order adding Rule 11-h requiring parties to serve initial disclosures without awaiting a discovery request.