Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline.

New Uniform Rule 202.20-e adopts Commercial Division Rule 13’s mandate that the “Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. Revised Uniform Rule 202.1 means that counsel appearing for any conference should be prepared for a deep dive into settlement, mediation, ESI, argument on any ripe discovery disputes, and discussion of pending or forthcoming motions.īy the same token, setting a discovery schedule in the general part once meant selecting placeholder dates that all sides knew would never hold up. Revised Uniform Rule 202.1 incorporates Commercial Division Rule 1’s requirement that “Counsel who appear before court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance.”Īs commercial division practitioners surely have grown aware: courts are not interested in perfunctory appearances. Some highlights: Appearance by Counsel with Knowledge and Authority Strict Adherence to Discovery ScheduleĪ routine court appearance is not what it once was, and gone are the days where law firms can send one lawyer to court to cover the entire firm’s conferences and appearances for the day. Some of these changes were foreshadowed by my colleague Paige Bartholomew in 2018 when the Unified Court System’s Advisory Committee on Civil Practice requested public comment on whether to adopt nine of the Commercial Division’s Rules.įor commercial division practitioners who sometimes find themselves in the general part, expansion of these rules is a welcome step toward improving the efficiency of the New York Courts. Now, by Administrative Order effective February 1, 2021, the Uniform Civil Rules for the Supreme Court (the “Uniform Rules”) will incorporate, in whole or in part, nearly 30 Commercial Division Rules. As Chief Administrative Judge Marks observes: “through the work of the Commercial Division Advisory Council – a committee of commercial practitioners, corporate in-house counsel and jurists devoted to the Division’ s excellence – the Commercial Division has functioned as an incubator, becoming a recognized leader in court system innovation, and demonstrating an unparalleled creativity and flexibility in development of rules and practices.” It should therefore come as no surprise that other New York courts have taken notice of the innovative rule changes contributing to the success of the Commercial Division.

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 consultation with Judges and practitioners alike, the Commercial Division has become a resounding success it is one of the most efficient and effective forums in the world for the litigation of complex civil disputes.

Innovation Becomes the Norm: Commercial Division Rules Shape Revised Uniform Rules for the Supreme Court and County Court

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