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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: October 29, 2020

Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings

The Office of Court Administration has asked for public comment on a proposed new Commercial Division rule regarding remote proceedings.

The proposed new rule would provide:

(1) If the requirements of paragraph (3) are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.
(2) If the requirements of paragraph (3) are met, the court may, with the consent of the parties, permit a witness or party to participate in an evidentiary hearing or a non-jury trial utilizing video technology.
(3) The video technology used must enable:
(i) a party and the party’s counsel to communicate confidentially;
(ii) documents, photos and other things that are delivered to the court to be delivered to the remote participants;
(iii) interpretation for a person of limited English proficiency;
(iv) a verbatim record of the trial; and
(v) public access to remote proceedings

E-mail comments on this proposal to rulecomments@nycourts.gov by December 18, 2020.

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