New York State Law Digest

  • 2015 New York State Law Digest Header
    Welcome to the New York State Law Digest Reporting on Significant Court of Appeals Opinions and Developments in New York Practice
  • Update (May 22, 2015)
    • Update (May 22, 2015)

      REQUESTING COMMENTS—RE: PROPOSED RULES

      The Office of Court Administration is seeking comment from interested members of the public and the legal profession on the following, among other, proposals.  If adopted, we will advise in upcoming editions of the Digest.  Comments are to be emailed to: rulecomments@nycourts.gov. You can learn of proposed rules at: http://nycourts.gov/rules/comments/index.shtml.

           a. Commercial Division Rule providing for a takeoff on the classic FRCP 30(b)(6) motion, by which a party can describe the matters to be covered at the deposition of an entity, like a corporation.  There is also a proposed amendment to the recently adopted Commercial Division Rule 11-d, relating to depositions of entity representatives (which will be discussed in the June edition of the Digest).  The comment period ends June 5, 2015.

            b. Amendment modifying existing 22 NYCRR 202.70(b)(12), to provide that there be no monetary threshold requirement only in arbitrations to be heard outside the United States; and adding 22 NYCRR 202.70(c)(4) providing that certain home improvement contracts are not eligible to be heard in the Commercial Division even if the monetary threshold is met.  The comment period ends June 10, 2015.

            c. Proposal reaffirming in the Commercial Division Rules Preamble that proportionality in the conduct of discovery is one of the guiding principles. The comment period ends June 8, 2015. 

            d. Proposing new Model Status Conference order (SC) form tracing the Preliminary Conference and Compliance Conference forms. The new model SC form presumes that the parties have previously completed the PCO and CCO forms and have returned to court to identify on the SC form the remaining final discovery to be completed before the filing of the note of issue.

      The comment period ends June 10, 2015.

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    ABOUT THE NEW YORK STATE LAW DIGEST

    Virtually all state court practitioners, no matter their particular specialties, have one thing in common: they have to navigate the vagaries of state practice and procedure. The New York State Law Digest publishes significant procedural developments, whether they come from important decisions of the Court of Appeals or other New York state (or federal) courts, statutory or rule amendments or particular local practice issues. The Law Digest keeps NYSBA members updated on issues that impact their everyday practices of law. Edited by David L. Ferstendig, the Law Digest is published monthly and distributed to members free of charge, as a benefit of membership.

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