This rule doubles down on the power of court orders and the CPLR’s framework, which provides straightforward deadlines for its various discovery devices and relief if a party is non-compliant.ĭisclosure disputes: Under new Rule 202.20-f, the court encourages, to the maximum extent possible, discovery disputes to be resolved through informal procedures such as conferences as opposed to motion practice. Non-compliance may result in sanctions under CPLR § 3126. Rule 202.20-d provides more particular requirements for the deposition of corporate entities that are similar to Federal Rule 30(b)(6).Īdherence to discovery schedule: Under new Rule 202.20-e, parties must strictly comply with discovery obligations by the dates set in all case scheduling orders. Notably, both the New York Commercial Division and Federal Rules of Civil Procedure contain a seven-hour time limitation for depositions. This rule is likely to be the source of future disputes for those who seek additional information from a witness, especially if the seven-hour window is frustrated by untimeliness and improper speaking objections. But for good cause shown, the court may alter the limits. The CPLR does not contain a limitation.ĭepositions: Among other changes, under new Rule 202.20-b, depositions will be limited to seven hours per deponent. Interrogatories: Interrogatories are now limited to 25, including subparts, unless the court orders otherwise by new Rule 202.20. While this is a requirement that counsel largely comply with, in light of the potentially dire consequences for non-compliance, attorneys would be well-advised to ensure that they-and also their colleagues who may cover-are adequately prepared for all appearances. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1. By Administrative Order, Chief Administrative Judge Lawrence Marks praised the New York State Commercial Division’s efficiency and incorporated many of its rules.īelow is an overview of some of the most important takeaways and our commentary for those with business before state Supreme and County Courts in New York.Ĭounsel’s Knowledge and Authority: Current Rule 202.1 is amended to provide that counsel who appear must be familiar with the case and be fully prepared and authorized to discuss and resolve issues regarding the appearance. A product of the courts and power delegated by the New York State Constitution, these rules govern the technical, day-to-day aspects of civil litigation and provide requirements in addition to those contained in the Civil Practice Law and Rules (CPLR), which are a legislative product and broadly govern civil actions from start to finish. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes.
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