Posts Categorized: Court Rules/Procedures

Posted: March 19, 2020

New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak

On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the New York state courts during the present crisis. The order provides: 1. Civil Litigation Generally: The prosecution of pending civil matters (including discovery) in a manner that requires in-person appearances or travel, or otherwise requires actions inconsistent with prevailing... Read more »

Posted: March 19, 2020

State Courts in Manhattan Further Restrict Operations

Today, the New York state courts in New York County (Manhattan) announced further limitations to their operations in response to the COVID-19 crisis. The order provides: Court facilities at 71 Thomas Street and 80 Centre Street, including the Public Access Law Library, are closed to the public; The court will hear only essential applications –... Read more »

Posted: March 16, 2020

New York Courts Further Restrict Operations in Response to Coronavirus

Following up on his March 13 memo announcing some limitations on operations in the New York state courts, on March 15, 2020, Chief Administrative Judge Marks issued a memo implementing further restrictions. They are (emphasis added): Effective 5 p.m. on Monday, March 16, we will be postponing all nonessential functions of the courts until further... Read more »

Posted: March 15, 2020

Judges DeArcy Hall, Kovner, and Kuntz Update Their Individual Rules (Description of Changes Below)

Posted by Solomon N. Klein, Litigation Partner Judges DeArcy Hall, Kovner, and Kuntz have each updated their Individual Rules.  As a service to practitioners that are already familiar with the Judges’ rules, below are the changes of note and links to the new rules. Judge Kovner’s updated Individual Rules adds that “[i]n appropriate cases, the... Read more »

Posted: March 13, 2020

New York State Courts Cancel Jury Trials, Impose Other Limitations in Response to Coronavirus

As other courts have done, the New York state courts have implemented procedures limiting courthouse access in response to public health concerns. The limitations affecting the Commercial Division that take effect on Monday, March 16, 2020, include: Civil jury trials in which opening statements have not commenced shall be postponed until further notice; civil jury... Read more »

Posted: March 12, 2020

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on a proposed amendment to Rule 31 of the Rules of the Commercial Division (22 NYCRR § 202.70(g), Rule 31). The revisions include: 1) requiring pretrial submissions in Microsoft Word instead of WordPerfect format. 2) changing page limits on memoranda to word limits in order... Read more »

Posted: March 8, 2020

Late-Filed Motion to Amend Denied

On February 25, 2020, the First Department issued a decision in Ness Tech. SARL v. Pactera Tech. Intl. Ltd., 2020 NY Slip Op. 01310, affirming the dismissal of a late-filed motion to amend, explaining: The motion court did not abuse its discretion in denying leave to amend. Defendant failed to explain why it waited until... Read more »

Posted: March 2, 2020

Court Declines to Vacate Judgment Based on the “Injustice” of Applying Federal Law in State Court

On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Matter of Densply Sirona, Inc. Shareholders Litig. v. XXX, 2020 NY Slip Op. 30342(U), refusing to vacate a judgment on grounds of an “injustice” stemming from application of federal law on a federal claim in state court, explaining:... Read more »