The New York State Office of Court Administration has issued for public comment a proposed new rule for the Commercial Division that expressly authorizes the filing of a “friend of the court” amicus curiae brief in cases pending in that court. The proposed new (Rule 23) is modeled after New York Court of Appeals Rule 500.23(a), which in turn largely tracks the criteria for amici participation in the Supreme Court of the United States. A non-party wishing to file an amicus brief in the Commercial Division must “demonstrate that the parties are not capable of a full and adequate presentation and that movant could remedy this deficiency; movant could identify law or arguments that might otherwise escape the court’s consideration; or that the proposed amicus brief otherwise would be of assistance to the court,” as well as submit the proposed amicus brief.
The proposed new rule, if adopted, would make the Commercial Division stand out from other trial courts where amici participation is left to local rule or individual judge’s rules or practices. Given the Commercial Division’s docket of complex commercial and business litigation cases that often have far-ranging impact, the proposed new rule would address a need and facilitate the Commercial Division’s mandate to make the court responsive to the needs of sophisticated litigants and lawyers.
The New York State Office of Court Administration’s request for public comment on proposed Rule 23 can be viewed here: RequestForPublicComment-CommercialDivision-AmicusBriefs-122024.pdf
Guest post by David Tennant, Law Office of David Tennant PLLC, https://www.appellatezealot.com/
Posted by Doug Toering and Brian Markham of Mantese Honigman, P.C.
