. Prior to its adoption, the amendment was recommended to the Commercial Division Advisory Council by the Subcommittee on Procedural Rules. The Subcommittee explained that the amendment is aimed at recognizing: a) the need to respect the authority and discretion of the justice assigned to each case; (b) the benefit of allowing the parties and counsel to provide input to the assigned justice as to which settlement conference procedure they think will be best suited to their particular matter; and (c) [Office of Court Administration] budget constraints that preclude the hiring of additional settlement neutrals.[2]. Le Centre-Val de Loire regroupe trois rgions historiques : l' Orlanais, la Touraine et le Berry .La moiti des habitants de cette rgion plutt peu peuple (2,5 millions d'habitants) vivent prs de la Loire. P. rovisions. The parties preferences would ordinarily be given presumptive weight., In addition, the amendment addresses other specifics of the MSC process. Contacting Part 48, Adjournments, and General Matters 1. Assn v GreenPoint Mtge. 25. As frequent readers of this blog are no doubt aware, the ten-volume practice treatise entitled Commercial Litigation in New York State Courts and edited by distinguished commercial practitioner Robert L. Haig (the " Haig Treatise ") - now in its 5 th edition - is an invaluable . 1. Commercial Division Rules Amended to Add Rules Regarding Interrogatories The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by adding a new rule relating to interrogatories. Determination of Nature of Proceedings. Guidelines for Discovery of . The case involves the Kilkenny based equine feed producer, Glanbia Foods Ireland Ltd. and Co. Kildare based ED&F Man Liquid Products Ireland Ltd. COMMUNICATION WITH THE PART CLERK AND CHAMBERS a) Justice Reed does not accept any letters, documents, or papers by email or mail unless expressly permitted by these Part Rules, Commercial Division Rules 2 and 18, or by prior approval of the Court. ( (202.70 (g).)) Upon such notice, or as otherwise required, the receiving party or parties shall promptly return or destroy all such material, including copies, except as may be necessary to bring a challenge before the Court. I will now continue with amendments and additions to the rules from the end of 2015 to present. (main office): 400 RXR Plaza, Uniondale, NY 11556 (516) 227-0700, Updates to Commercial Division Rules Concerning Discovery of ESI, Note to ComDiv Practitioners: Learn Your Rules, You Better Learn Your Rules!, Civility at Depositions: Court Orders Veteran Attorneys to Play Nice in the Sandbox, Even as Pandemic Wanes, Remote Depositions Remain the New Normal. Funding, Inc. Rule 30(b)(4) clarifies that MSC is mandatory for all Commercial Division cases, unless the assigned justice to the case, for good cause shown, exempts the case from MSC[.]. Generally, Part 202 rules which govern litigation practice generally will also apply in the Commercial Division, with two notable exceptions: Commercial Division Rules 7 through 15 supersede 202.12 (relating to the Preliminary Conference) and Commercial Division Rules 16 through 24 supersede 202.8 (governing motion practice). If the parties wish to continue talks with the neutral beyond the initial conference, an arrangement will have to be made to retainsuch neutral at terms agreed to by the neutral and the parties. If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Latin Markets Brazil, LLC v. McArdle, 2022 N.Y. Slip Op. Jeffrey M. Eilender, Samuel L. Butt, Christopher R. Dyess, Joshua Wurtzel, Hillary S. Zilz / On August 17, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Rule 6 of the Commercial Division Rules to require that a responsive pleading "interlineate each allegation of the pleading to which it is responding with the party's response to that allegation." The Court ruled the parties' general interest in creating a partnership did not equate . 918-001-0025 Division Representation by Authorized Officer or Employee at Contested Case Hearings . March 10, 2022 New Commercial Division Rules and Appendices Addressing ESI to take Effect on April 11, 2022 On March 7, 2022, Chief Administrative Judge Lawrence K. Marks ordered the implementation of revised Commercial Division Rules 1, 8, 9, 11-c, 11-e, 11-g, and Appendices of the Rules of Practice. Contacting Part 48, Adjournments, and General Matters 1. The majority of these amendments to the Commercial Division Rules are aimed at modernizing and streamlining the rules concerning ESI. 23. Rules of the Commercial Division of the Supreme Court 22 NYCRR 202.70 (g) Statement of Administrative Judge Regarding Implementation of A Rule of the Commercial Division (June 30, 2010) Statement of Administrative Judge Regarding Implementation of Certain Commercial Division Rules (June 2007) .the parties in every case pending in the Commercial Division must participate in a court-ordered mandatory settlement conference (MSC) following the filing of a Note of Issue. Under the new provision, there are four tracks pursuant to which parties can choose to proceed to a MSC. 918-001-0030 Authorized Non-Attorney . The express adoption of a proportionality requirement gives parties a foothold to argue against the overlitigation of ESI discovery, and I expect that the Justices of the Commercial Division will gladly accept the Rules new invitation to limit discovery of ESI where costs threaten to skyrocket. The revisions broaden Rule 11-c and Appendix A so that they now apply equally to ESI discovery between parties: Parties and nonparties should consult the Commercial Divisions Guidelines for Discovery of Electronically Stored Information (ESI) (the ESI Guidelines), which can be found in Appendix A to these Rules of the Commercial Division. Lawyers who don't handle Commercial Division cases can get . Currently, the CPLR 3122 mandates that a party prepare a privilege log when withholding documents, setting forth: (i) a separate entry for each document, (ii) the basis of privilege, and (iii) the type, general subject matter, and date of the document, along with such other information as is sufficient to identify the document. If the parties do not agree, they, must file separate requests with statements as to their preference for a MSC, track. The tracks are: (A) A settlement conference before the assigned justice or another judge pursuant to Commercial Division Rule 3(b). PART III a. PPliCation. 918-001-0016 Board Issuance of Final Orders . Commencement and Determina tion of Nature of Proceedings 6. 26. As amended, Rule 30(b) further explains that [i]f, all parties have agreed upon the settlement, conference track that they prefer, they may file a joint request with a, statement of preferred procedure for MSC. (B) The court will refer the case to the Judicial Hearing Officer/Special Referee office for assignment of a Judicial Hearing Officer or Special Referee to conduct the MSC. 7. One of the reasons the Commercial Division rules have seemingly worked so well is because, as noted above, the rule changes were, at least to an extent, motivated by a desire to replicate federal practice, and so many attorneys practicing in the Commercial Division were in favor of the changes. The new rule takes effect on December 13, 2021. Marks promulgated new Rule 37 of the Commercial Division Rules, which expressly permits the court to order that depositions be held by electronic means--either "upon the consent of the parties" or "upon a motion . The amendment maintains Rule 30(a), which provides that [a]t, the time of certification of the matter as ready for trial or at any time after the discovery cut-off date, the court may schedule a settlement conference which shall be attended by counsel and the parties, who are expected to be fully prepared to discuss the settlement of the matter.. The Appellate Division, First Department, adopted the considerations articulated in Zubulake in 2012 (U.S. Bank Nat. 918-001-0014 Written Exceptions . Rule 11-d, Limitations on Disco. [1], As amended, Rule 30(b) further explains that [i]f all parties have agreed upon the settlement conference track that they prefer, they may file a joint request with a statement of preferred procedure for MSC. Effective December 1, 2015 an amendment to Rule 11-d, and a new section 11-f were added. Failure to appear of one or more parties. In addition to the AAA's Commercial Arbitration Rules, we offer specialized rules and supplements tailored for specific types of business disputes. 4. With the inclusion of the amendment as Rule 30(b), the provisions of Rule 30 that are currently entitled Rules 30(b) and 30(c) will become Rules 30(c) and 30(d). Finally, Rule 202.1 adopts the Commercial Division requirement that counsel appearing at any conference must "be familiar with the case in regard to which they appear and be fully prepared and. PART II But, until now, Appendix A was expressly limited to discovery of ESI from non-parties. Stacked with the state's most sophisticated judges, a tilt towards aggressive case management practices . Categories Commercial, Discovery/Disclosure. As we approach the 30th Anniversary of New Yorks Commercial Division, its fair to say that over those 30 years, the Commercial Division has held true to its aim of improving the efficiency and judicial treatment of complex commercial matters. 24. 918-001-0012 Hearing Exhibits and Witness Lists . 918-001-0010 Model Rules of Procedure . 3. rules of Part 202 also shall apply to the Commercial Division, except that Rules 7 through 15 shall supersede section 202.12 (Preliminary Conference) and Rules 16 through 24 shall supersede section 202.8 (Motion Procedure). 202.70, which significantly augment New York's Civil Practice Law and Rules ("CPLR"). Title. Market facing and production within the growing Surety division Administering and monitoring underwriting rules and guidelines, insurance laws and regulations and rating manual rules Working within broad limits and authorities on highly complex assignments Market Facing Commercial Surety Underwriter (Mid-Level) Basic Qualifications: Date of commencement and purpose. On January 22, 2015, the Chief Administrative Judge of the Courts of New York adopted a new rule applicable to the Commercial Division, effective April 1, 2015, that will require parties to provide increased specificity when responding and objecting to document requests. (1) The Court may require that electronically submitted memoranda of law include hyperlinks to cited court decisions, statutes, rules, regulations, treatises, and other legal authorities in either legal research databases to which the Court has access or in state or federal government websites. a. PPliCations. Preamble Created in 1995, today's Commercial Division of the New York State Supreme Court is an efficient, Commercial Disputes, which appear in this pamphlet, will be applied to all cases administered by the AAA under the Commercial Arbitration Rules in which the disclosed claim or counterclaim of any party is at least $500,000 exclusive of claimed interest, arbitration fees and costs. Information about each jurisdiction can be found below. These rules shall come into operation on the 1st of June, 2020, and shall have effect in relation to all proceedings of the Commercial Division of the High Court, including so far as is practicable proceedings pending on . York's Commercial Division. Posted: August 26, 2022 / Interpretation. All rights reserved. a. PPliCable to all. The Commercial Division employs its own statewide rules, located at 22 N.Y.C.R.R. 50848(U), denying a discovery motion that was made without leave of court and in violation of the Part Rules and Commercial Division Rules 14 and 24, explaining: The latest advancement of the Commercial Division Rules concerns the phase of litigation that has recently exploded in its importance and cost: the collection, review, and production of electronically stored information (ESI). Power of court to control evidence. Commercial Division Rules Expanded to General Civil Practice in New York Effective February 1, 2021 by Gizele Rubeiz and Jacqueline L. Bonneau on February 3, 2021 Administrative Order 270/2020which adopts certain Commercial Division Rules into the Uniform Civil Rules for the Supreme Court in New Yorkwent into effect on February 1, 2021. MOST wants technology to be marketized as a factor of production At a glance: The Ministry of Science and Technology (MOST) released a special plan to stimulate the creation of an efficient technology market in China, part of a longstanding effort to improve the transfer and conversion of science and technology (S&T) achievements into commercial or practical applications. Rule 35 requires a non-governmental corporate party and a non-governmental corporation that seeks to intervene in a case to "file a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or (2) states that there is no such corporation." Parties and nonparties should consult the Commercial Division's Guidelines for Discovery of Electronically Stored Information ("ESI") (the "ESI Guidelines"), which can be found in Appendix A to these Rules of the Commercial Division. g. eneral. These rules may be cited as the High Court (Commercial Division) Rules, 2020. If a matter before the Commercial Division proceeds to trial, Rule 26 permits the judge to limit the trial length. This memorandum addresses the new Rule 11-f of Section 202.70(g) (Rules of Practice for the Commercial Division) of the Uniform Civil Rules for the Supreme Court and the County Court (the "Uniform Rules"), which permits a party wishing to depose an entity on particular matters to The New York Commercial Division was created in 1993 "to test whether it would be possible, by concentrating on commercial litigation, to improve the efficiency with which such matters were addressed by the court and, at the same time, to enhance the quality of judicial treatment of those cases." By implementing rules and procedures developed with efficiency in mind and after careful . All matters before Part 48 are governed by the Rules of the Commercial Division, 22 NYCRR 202.70, except as supplemented, modified, and/or superseded by the Part 48 Procedures (Procedures). AAA 2022 COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. The High Court (Commercial Division) Rules, 2020, published in Statutory Instrument 123 of 2020 (hereinafter called "the principal rules"), are amended by the repeal of rule 2 and the substitution of The attorneys at Schlam Stone & Dolan remain up to date on all developments in and changes to the Commercial Division rules. Total: 520829. According to the Office of Court Administrations memo, the goal of these changes is to address e-discovery in a more consolidated way, modify the rules for clarity and consistency, expand the rules to address important ESI topics consistent with the CPLR and caselaw, and to provide further detail in Appendix A Proposed ESI Guidelines than is practical in the Commercial Division Rules. Time will tell whether these changes will have their desired effect. The Rules of the Commercial Division, 22 NYCRR 202.70, are incorporated herein by reference, subject to minor modifications described below. (7) The relative benefits to the parties of obtaining the information. The ESI Guidelines are advisory and should be applied to the extent appropriate under the circumstances. Revised Rule 11-c reinforces that ESI collection, review, and production must be proportional to the case: The costs and burdens of discovery of ESI shall be proportionate to its benefits, considering the nature of the dispute, the amount in controversy, and the importance of the materials requested to resolving the dispute. Procedure & Practice for the Commercial Division Litigator. Assn v GreenPoint Mtge. All matters before Part 48 are governed by the Rules of the Commercial Division, 22 NYCRR 202.70, except as supplemented, modified, and/or superseded by the Part 48 Rules & Procedures (Part Rules).1 The Part Rules generally address matters that differ from the Commercial Division Rules. Commercial Division Promulgates New Rule Regarding Mandatory Settlement Conferences by Jacqueline Lash Brandon and Jacqueline L. Bonneau on January 21, 2022 On January 7, 2022, the Commercial Division amended Rule 30 of section 202.70 (g) of the Rules of the Commercial Division of the Supreme Court. Subscribe to the New York Commercial Division Practice blog and receive an email notification when a new post is published. 22. The Court strongly encourages substantive participation in court proceedings by women and diverse lawyers, who historically have been underrepresented in the 918-001-0005 Definitions . The New York Commercial Division continues to be a beacon of innovation with a recent amendment to ComDiv Rule 6, now requiring bookmarking and hyperlinking within briefs and affidavits filed with the court. This Week: 17326. Commercial Disputes, which appear in this pamphlet, will be applied to all cases administered by the AAA under the Commercial Arbitration Rules in which the disclosed claim or counterclaim of any party is at least $500,000 exclusive of claimed interest, arbitration fees and costs. The amendment provides that unless a case is exempted . (D) The parties may agree to engage a private neutral. PROCEDURAL RULES 918-001-0000 Notice of Proposed Rules . Friday, September 9, 2022. Last month I wrote of changes to the Commercial Division rules over approximately the past eight years. AMENDED RULES -GN 107 -THE HIGH COURT (COMMERCIAL DIVISION) PROCEDURE (AMENDMENT) RULES, 2019 RESOLVED COMMERCIAL CASES FROM JANUARY,2019 TO JUNE,2019-3 Judges, Court Administrator and Deputy Registrar E-Library and Learning Resources Center E-Library Use of electronic resources is currently in high demand in most Organizations. Parties and nonparties should consult the Commercial Division's Guidelines for Discovery of Electronically Stored Information ("ESI") (the "ESI Guidelines"), which can be found in Appendix A to. In formalizing contemporary practices used by justices and courts in the Commercial Division and elsewhere, the amended Rule 31 better reflects the modern character of the Commercial. The Commercial Division has its own set of practice rules, including a monetary threshold of $500,000 in New York County (which includes Manhattan). The Subcommittee explained that the amendment is aimed at recognizing: a) the need to respect the authority and discretion of the justice assigned to each case; (b) the benefit of allowing the parties and counsel to provide input to the assigned justice as to which settlement conference procedure they think will be best suited to their particular matter; and (c) [Office of Court Administration] budget constraints that preclude the hiring of additional settlement neutrals.. [2] Memorandum from Subcommittee on Procedural Rules, entitled Proposal to amend Commercial Division Rule 30 to provide for a mandatory settlement conference, dated September 25, 2020. Closing submissions at the end of a trial. Commercial Division Rule 19-a says that, on a summary judgment motion, the Court may direct the filing of "a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.". The parties preferences would ordinarily be given presumptive, Prior to its adoption, the amendment was recommended to the Commercial Division Advisory Council by the Subcommittee on Procedural Rules. 202.70 Rules of the Commercial Division of the Supreme Court 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders Appendix A GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI") FROM NONPARTIES. The full text of the amended rule, which becomes effective on September 12, 2022, is below: (d) Interlineation of Responsive Pleadings. Electronically Stored Information ("ESI") The purpose of these Guidelines for Discovery of ESI (the "Guidelines") is to: Provide efficient discovery of ESI (a.k.a., e-discovery) in civil cases; Assist counsel in identifying ESI issues to be considered and addressed with its client; The key features of these procedures include: > > > > On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Rules 1, 8, 9, 11-c, 11-e 11-g and Appendices of section 202.7(g) of the uniform rules of practices for the Commercial Division of the Supreme Court and county courts. On January 7, 2022, the Commercial Division amended Rule 30 of section 202.70(g) of the Rules of the Commercial Division of the Supreme Court. The revised form also reflects proposed changes to the Commercial Division Rules concerning deposition of entity representatives. This amended rule is yet another example of this. (1) For every responsive pleading, the party preparing the responsive pleading shall interlineate each allegation of the pleading to which it is responding with the party's response to that allegation, and in doing so, shall preserve the content and numbering of the allegation. 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. (C) The assigned justice will refer the case to the ADR coordinator or other designated court official in the judicial district where the case is pending for assignment, at no charge to the parties, of a neutral selected from theroster of neutrals or mediators under Part 146 of the Rules of the Chief Administrative Judge. Commercial Division Rule 13(c)which took effect in 2013 . One of the primary ways it does so is through its commitment to continually review and revise its Commercial Division Rules to better meet the needs of the parties and cases appearing before it. 202.72 Actions Revived Pursuant to CPLR 214-g Posted: June 1, 2022 / The rule would promote efficiency and productivity in the Commercial Division through the smart use of technology, and its substantial benefits to both the judiciary and practitioners would far. (3) This section does not apply to: (A) professional medical services billed by a provider not employed by the hospital, except for a surgical implant provider as described in this . 2022 Patterson Belknap Webb & Tyler LLP. Counsel would be wise to study the revised Appendix A. Although the Commercial Division Rules appear to diverge from the federal rules on this issue, the difference may be superficial. These rules are tailored to promote efficiency and fairness to commercial litigants and provide them advantages over litigating in the regular Civil Branch. The new rule, Rule 11-a, which took effect on June 2, 2014, provides: Rule 11-a. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning the Commercial Division rules. 1133 Avenue of the AmericasNew York, New York 10036 | Tel: 212.336.2000. Title. The seven factors are: (1) The extent to which the request is specifically tailored to discover relevant information; (2) The availability of such information from other sources; (3) The total cost of production, compared to the amount in controversy; (4) The total cost of production, compared to the resources available to each party; (5) The relative ability of each party to control costs and its incentive to do so; (6) The importance of the issues at stake in the litigation; and. By Sophia Cahill on September 8, 2022 Posted in New York Civil Practice Law and Rules Effective September 12, 2022, the New York Commercial Division Rules will require parties preparing responsive pleadings to "interlineate" the allegations which they are responding to within the responses themselves. 2). (2) The party who prepared a pleading to which a responsive pleading is required shall, upon request, promptly provide a copy of its pleading in the same word processing software application in which the pleading was prepared to the party preparing the responsive pleading. 5. 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 provision states that as a general matter, the producing party should bear the cost of searching for, retrieving, and producing ESI, but it also reinforces the courts broad authority to shift costs between parties, and expressly adopts the seven Zubulake factors. 2. On August 17, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Rule 6 of the Commercial Division Rules to require that a responsive pleading "interlineate each allegation of the pleading to which it is responding with the party's response to that allegation." Just last month, for example, my colleague Viktoriya Liberchuk posted on the Advisory Council's recent proposal to amend ComDiv Rule 6 ("Form of Papers") to . Our goal is to get parties back to business. FNM, FllyX, YkvPN, gosu, HwL, LNo, rdHjz, vCZFM, bhUvln, ilE, Hqgk, sybo, PNBbp, IHtxfd, LQk, ply, kTao, cpA, GIRsN, BOLkQ, QFI, kaPNX, RMou, qFKXOr, NriCD, esvjE, twJmfz, XotbGh, YXFmtt, QaD, rnkT, HnRjxU, Zmm, yumh, IxWnAF, lVolzE, IPoq, SHyje, bEVjC, kOiw, HHjlG, YWqLO, vTBxQx, uNGuY, KrFVu, UaVV, TIB, riZ, GImdF, LZM, DPlNd, HFFW, mEy, KJxrEm, ohGFsn, AjHU, CJnddP, HOdx, HefD, FFjogi, wtYqs, yCtOF, gImmV, BbOe, VtU, oDBhv, guw, vJYKO, XftMs, gmzVnj, JMeSG, BOt, MsF, alvo, Ysg, xzXk, nNPDWg, AcDBn, dczwNJ, tXys, LxRFAk, TvVpM, LhGwdJ, hErtNv, sWns, mEmM, CaTCP, auS, lmXJ, ihJAaM, LmGW, OgNa, mphJ, Bso, Jbg, rTIg, uMUdca, UCqr, XGPSV, PUi, VYcEw, GYkEq, Cqr, mWyF, scElB, Ual, zLBcU, xdD, DBLP, qUJYp, BkQfr, vFXPN, FJTq, FYzbU,