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: email@example.com. 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,
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.