The New York State Office of Court Administration issued a request for public comment on the Commercial Division Advisory Council’s proposal to amend Commercial Division Rule 11 to require parties to automatically exchange certain delineated categories of discovery at the outset of any litigation in the Commercial Division. In its memorandum setting forth the reasons for this proposal, the Commercial Division Advisory Council notes “that timely disclosure of basic case information from both parties at the outset of litigation both minimizes the burden, delay and expense of discovery and allows parties to competently assess the risks of trial and the benefits of potential settlement in the early stages of the litigation.”
The request for public comment can be downloaded here: https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/RequestForPublicComment-CommercialDivision-InitialDisclosures-020725.pdf. The proposed amendments are attached to the request for public comment as Exhibit 1 and the Commercial Division Advisory Council’s memorandum setting forth the reasons for this proposal is attached to the request for public comment as Exhibit 2.
Credit to Jonathan Lupkin, a member of the Commercial Division Advisory Council and Chair of the Commercial Litigation Practice at Rottenstreich Farley Bronstein Fisher Potter Hodas LLP.
Posted by Doug Toering and Brian Markham of Mantese Honigman, P.C.
