Repeal of Rule 23: the 60-Day Rule

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On June 23, 2020, Chief Administrative Judge Marks approved the repeal of Rule 23 of the Commercial Division Rules.  Rule 23 (known as the “60-Day Rule”) required movant’s counsel to notify the court and other parties whenever a motion had not been decided within 60 days of its submission or oral argument. 

As the Commercial Division Advisory Council noted in its September proposal, a repeal was necessary because “(1) the rule puts attorneys in the difficult position of reminding judges of their failure to make a decision and is therefore rarely followed; (2) an analogous rule applicable more broadly to Supreme and County Court (22 NYCRR § 202.8(h)) was rescinded in 2006; and (3) judges currently receive notice of such unresolved motions through other channels.”

The repeal is a much needed update to the Commercial Division Rules and will bring it in alignment with the Uniform Rules, which repealed a nearly identical rule over a decade ago.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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